Chapter 17.32 — RESIDENTIAL TRANSITION ZONE, R-T — Atwater Zoning Code

17.32.010 - Purpose. ¶

This zone has been established to create a transition between commercial and adjacent residential neighborhoods, and in areas where a mix of those two land uses has been approved over the years through re-zoning. Purpose is to encourage development of apartments and certain compatible commercial uses, as well as improvement or expansion of existing structures that may not be nonconforming after the R-T zoning becomes effective.

(Ord. CS 542, 1984)

17.32.020 - Principal permitted uses. ¶

A.

Dwellings subject to all restrictions and requirements of the R-3-2 district except as provided in this chapter. Up to 21 dwelling units per acre may be allowed (depending on environmental constraints.)

B.

Accessory uses. Uses and structures which are customarily accessory and clearly incidental and subordinate to principal permitted uses and structures.

C.

Supportive housing as defined in Section 17.06.613.

D.

Transitional housing as defined in Section 17.06.627.

(Ord. CS 542, 1984; Ord. CS 1014, § 3, 9-23-2019)

17.32.030 - Conditional uses. ¶

All of the following may be approved by the Planning Commission after a public hearing, if it has been established that the use is compatible with adjacent residential development:

A.

Medical, professional and business offices;

B.

Parking lots and parking structures;

C.

Personal service establishments;

D.

Retail stores;

E.

Restaurants;

F.

Motels;

G.

Rooming and boarding homes;

H.

Social halls, lodges, fraternal organizations and clubs;

I.

Licensed nursing or convalescent homes;

J.

Public and quasi public uses as listed in Section 17.16.040.A;

K.

Minor manufacturing when at least 75 percent of the product is sold on the premises.

(Ord. CS 542, 1984)

17.32.040 - Other uses. ¶

The Commission may find that any use not identified as a principal permitted use or conditional use in this district may be allowed as a conditional use where such use is consistent with the purpose of the district in which it will be located and will not impair the present or potential use of adjacent properties.

(Ord. CS 542, 1984)

17.32.050 - Development standards.

A.

Building Height. No structure shall exceed two and one-half stories above ground, or 35 feet in height. No accessory building shall exceed one story in height, or 16 feet.

B.

Lot Area, Width and Depth. For residential, commercial or mixed use, the minimum lot area shall be 10,000 square feet. Depth shall have a minimum of 100 feet, and width shall have a minimum of 80 feet.

C.

Building Setbacks. A ten-foot exterior setback from the property line shall be required, attractively landscaped. A five-foot interior setback will be allowed, provided that a minimum of ten feet is provided between structures.

D.

Landscaping shall be a minimum of 20 percent of the lot area for all uses.

E.

Landscaping shall comply with City landscape standards.

F.

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

(Ord. CS 542, 1984; Ord. CS 667, 1990; Ord. CS 721, 3-27-1995)

17.32.060 - Parking requirements.

Parking is required as specified elsewhere in this title.

(Ord. CS 542, 1984)

17.32.065 - Exception to parking requirements.

On properties with mixed uses, if the commercial use does not need the parking facilities during the same time as the residential use, the Planning Commission, at their discretion, may require the number of parking spaces for the one use requiring the higher number of spaces.

(Ord. CS 542, 1984)

17.32.070 - Uses within an enclosed building. ¶

All uses shall be conducted wholly within a completely enclosed building, except for parking and loading facilities, parks, open space and open areas designed for the convenience, comfort, enjoyment and safety of pedestrians.

The Planning Commission may allow the outdoor operation of any permitted or conditional use by approving a conditional use permit for a temporary time period, and upon finding that such outdoor operation will enhance, enrich or benefit the immediate area, and that it will further the purpose of the district in which it is located.

(Ord. CS 542, 1984)

17.32.080 - Existing structures to conform. ¶

Before an occupancy permit will be issued by the Chief Building Inspector for new construction on any lot, all existing structures on the lot shall be brought into conformity with all requirements of the Building and Fire Code.

(Ord. CS 542, 1984)

17.32.090 - Site plan and design review. ¶

Site plan and design review is required for all permitted and conditional uses as described elsewhere in this title.

(Ord. CS 542, 1984; Ord. CS 1059, § 1, 3-27-2023)

17.32.095 - Appeal.

Anyone aggrieved by the Planning Commissions decision may submit a written appeal to the City Council within five calendar days of the Commission's approval.

(Ord. CS 542, 1984)

CHAPTER 17.34 - C-O, OFFICE COMMERCIAL

17.34.010 - Purpose. ¶

To provide a district for medical and professional offices and related uses.

(Ord. CS 565, 1984)

17.34.020 - Permitted uses. ¶

Medical, dental, business and professional offices, banks and financial institutions, and any other office or professional use which is determined by the Planning commission to be of the same general character.

(Ord. CS 565, 1984)

17.34.030 - Accessory uses. ¶

Single story accessory buildings, garages and parking lots incidental to the principal use are permitted subject to site plan review.

(Ord. CS 565, 1984; Ord. CS 1059, § 1, 3-27-2023)

17.34.040 - Conditional uses. ¶

The following uses may be approved with a conditional use permit by the Planning Commission:

Public and quasi-public uses appropriate to the district such as hospitals, convalescent or nursing homes, professional, business and technical schools;

B.

Schools and studios for arts and crafts, photography, music and dance;

C.

Medical and dental labs; pharmacies and drug stores;

D.

Barber and beauty shops;

E.

Public parking lots;

F.

Existing residential dwellings may be reconstructed, repaired or enlarged.

G.

Any other use the Planning Commission finds of the same general character as the above.

(Ord. CS 565, 1984; Ord. CS 780, 2-28-2000; Ord. CS 805, 8-12-2002)

17.34.050 - Lot area, setbacks, building heights. ¶

Minimum lot area	7,500 square feet
Minimum yards (setbacks):
Front	10 feet
Side (interior)	5 feet
Side (exterior)	10 feet
Rear	none

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

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 565, 1984; Ord. CS 950, § 1, 3-10-2014; Ord. CS 1056, § 1, 1-23-2023)

17.34.060 - Exceptions. ¶

Setbacks listed in Section 17.34.050 shall not apply in the following instances:

A.

If property is abutting a major arterial, setback shall be 65 feet from the center of the public right-of-way, except Winton Way south of Elm Avenue, where it has to conform with the established building setback, and along Atwater Boulevard, where the setback shall be 25 feet from the property line, except from Sierra Vista to First Street where the established setback shall be complied with.

B.

If property is abutting a residential zone or land designated for residential uses in the General Plan, a tenfoot setback shall re required.

(Ord. CS 565, 1984)

17.34.070 - Other required conditions. ¶

All development in this district shall also comply with the following:

A.

A minimum of ten percent landscaping shall be provided on every property.

B.

Landscaping shall comply with City landscape standards.

C.

Street trees are to be planted in compliance with adopted City standards.

D.

Parking to be in compliance with requirements elsewhere in this title.

E.

Loading zones required in addition to alleys shall be not less than ten feet wide, 20 feet deep, with a clearance height of not less than 14 feet, and shall provide space for vehicles loading and unloading while at the same time not in any way blocking the alley to moving traffic.

F.

A six-foot high solid fence or wall shall be required on the property line abutting any residential zone or land designated for future residential use in the General Plan. No fences are permitted in exterior yards.

G.

Trash receptacles shall be screened from view.

H.

All utilities shall be installed underground.

I.

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

(Ord. CS 565, 1984; Ord. CS 667, 1990; Ord. CS 721, 3-27-1995)

17.34.080 - Site plan and design review. ¶

All uses in the C-O zone shall require site plan approval and design review as described elsewhere in this title.

(Ord. CS 565, 1984; Ord. CS 1059, § 1, 3-27-2023)

CHAPTER 17.35 - C-N, NEIGHBORHOOD COMMERCIAL

17.35.010 - Purpose. ¶

To provide attractive areas for the day to day shopping needs of the residential neighborhoods. Small shopping centers are preferred to individual establishments because they provide better parking facilities without creating traffic hazards caused by too many curb cuts. Combination of several small lots therefore is more desirable.

(Ord. CS 566, 1984)

17.35.020 - Permitted uses. ¶

Any retail business or service establishment, such as a grocery store, bake shop, drug store, barber and beauty shop, laundry and dry-cleaning pickup station, child care center, business or professional office or financial institution, supply commodities, performing services for residents of the neighborhood, and any other retail or service establishment which is determined by the Commission to be of the same general character as the above permitted uses.

(Ord. CS 566, 1984)

17.35.030 - Accessory uses. ¶

Accessory uses and buildings customarily appurtenant to a permitted use such as parking and incidental storage facilities and telephone booths.

(Ord. CS 566, 1984)

17.35.040 - Conditional uses. ¶

The following uses may be considered by the Planning Commission through the use permit procedure:

A.

Restaurants, cafes, soda fountains, not including entertainment or dancing, or sale of liquor, beer or other alcoholic beverages for consumption on the premises;

B.

Public and quasi-public uses;

C.

Social halls, lodges, fraternal organizations and clubs;

D.

Uses not in enclosed buildings;

E.

Off-site alcoholic beverage sales.

F.

Any other use determined by the Planning Commission to be of the same general character suitable in a neighborhood commercial district.

(Ord. CS 566, 1984; Ord. CS 780, 2-28-2000; Ord. CS 782, 5-8-2000)

17.35.050 - Lot area, setbacks, building heights. ¶

No lot shall be created that would be smaller than 7,500 square feet. All existing lots that are smaller shall be developed in compliance with this chapter.

Setbacks:
exterior setback	10 feet
interior setback	none
rear yard	none

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.

B.

The project will be exemplary in its design;

C.

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.

I.

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

(Ord. CS 566, 1984; Ord. CS 950, § 1, 3-10-2014; Ord. CS 1056, § 1, 1-23-2023)

17.35.060 - Exceptions.

Setbacks listed in Section 17.35.050 shall not apply in the following instances:

A.

If the property is abutting a major arterial, setback shall be 65 feet from the center of the public right-ofway, except Winton Way south of Elm Avenue, where it has to conform with the established building setback, and along Atwater Boulevard, where the setback shall be 25 feet from the property line, except from Sierra Vista to First Street where the established setback shall be complied with.

B.

If property is abutting a residential zone or land designated for residential uses in the General Plan, a tenfoot setback shall be required.

(Ord. CS 566, 1984)

17.35.070 - Other required conditions.

All development in this district shall also comply with the following:

A.

A minimum of ten percent landscaping shall be provided on every property.

B.

Landscaping shall comply with City landscape standards.

C.

Street trees are to be planted in compliance with adopted City standards.

D.

Parking to be in compliance with requirements elsewhere in this title.

E.

at the same time not in any way blocking the alley to moving traffic.

F.

G.

Trash receptacles shall be screened from view.

H.

All utilities shall be installed underground.

I.

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

(Ord. CS 566, 1984; Ord. CS 667, 1990; Ord. CS 721, 3-27-1995)

17.35.080 - Site plan and design review. ¶

All uses in the C-N zone shall require site plan approval and design review as described elsewhere in this title.

(Ord. CS 566, 1984; Ord. CS 1059, § 1, 3-27-2023)

CHAPTER 17.36 - C-C, CENTRAL COMMERCIAL DISTRICT

17.36.010 - Purpose. ¶

To facilitate development and redevelopment of the central commercial core as an area of "pedestrian priority" by encouraging a broad mix of retail, service, financial, office and specialty uses with few constraints, but in compliance with the overall theme of the revitalization of this core area.

The Central Commercial District is to maintain and enhance the physical and economic vitality of the central City, both as a self-contained unit and as the focus of the community's commercial, financial, cultural and administrative activities. The district encourages development of a well balanced mix of uses, including some residential; creation of an attractive and inviting atmosphere and identity of the area; emphasis upon pedestrian convenience, safety and enjoyment, and minimizing the adverse effects of traffic.

This district is intended to prevent the development of uses which could disrupt or hinder the fulfillment of this broad purpose, but is not intended for general application throughout the City.

(Ord. CS 567, 1984)

17.36.020 - Principal permitted uses. ¶

The following shall be permitted uses:

A.

Retail establishments;

B.

Banking and financial institutions;

C.

Business, professional and medical offices;

D.

Personal service establishments;

E.

Restaurants and cafes;

F.

Occasional sidewalk sales and similar promotional events by existing business;

G.

Uses not listed above, but found to be compatible with the above.

(Ord. CS 567, 1984)

17.36.030 - Accessory uses. ¶

Incidental warehousing, storage and accessory uses, including repairs, operations and services, provided that such uses shall be clearly incidental to the sale of products at retail on the premises, and shall be so located, constructed and operated as not to be offensive or objectionable because of dust, gas, smoke, noise, fumes, odors, vibrations, appearance or otherwise.

(Ord. CS 567, 1984)

17.36.040 - Uses requiring conditional use permit.

The following uses shall require a conditional use permit:

A.

Dwelling units on other than ground floor;

B.

Theaters;

C.

Hotels and motels

D.

Service stations and other highway related uses;

E.

Minor manufacturing, where a minimum of 75 percent of the fabricated items is sold at the premises;

Uses for public assembly;

Sidewalk cafes and other uses not totally inside an enclosed building;

Cocktail lounges;

Massage establishment/therapist;

I.

Existing residential dwellings may be reconstructed, repaired or enlarged;

J.

Any other uses the Planning Commission finds to be consistent with the purpose of this district, and which will not impair the present or potential use of nearby properties.

(Ord. CS 567, 1984; Ord. CS 767, 3-8-1999; Ord. CS 780, 2-28-2000; Ord. CS 782, 5-8-2000; Ord. CS. 805, 8-12-2002)

17.36.045 - Prohibited uses. ¶

The following uses shall be prohibited in this district:

A.

Warehouses;

B.

Arcades;

C.

Automobile repair, except when incidental to a service station or a car sales business and conducted totally within an enclosed building;

D.

Any similar use the Planning Commission finds not consistent with the purpose of this district.

(Ord. CS 567, 1984)

17.36.050 - Parking requirements.

Parking is required as specified elsewhere in this title, with the following exceptions:

A.

On properties with mixed uses, if one use clearly does not need the parking facilities during the same hours as the other use does, the Planning Commission at their discretion may require the number of parking spaces for the one use requiring the higher number of spaces;

B.

Properties located within 300 feet of a public off-street parking lot shall have the option of paying $1,500 per parking space in lieu of providing the required parking.

The 300 feet shall be measured by the most direct route along a public right-of-way.

(Ord. CS 567, 1984)

17.36.060 - Signs.

Signs shall comply with regulations elsewhere in this title.

(Ord. CS 567, 1984)

17.36.070 - Development standards. ¶

No new lots shall be created smaller than 7,500 square feet, and all new development shall comply with the following minimum requirements:

A.

Setbacks: none, except as specified in Section 17.34.060.

B.

Building height limits: 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.

B.

The project will be exemplary in its design;

C.

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.

I.

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

Landscaping shall comply with City landscape standards.

D.

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

(Ord. CS 567, 1984; Ord. CS 667, 1990; Ord. CS 721, 3-27-1995; Ord. CS 950, § 1, 3-10-2014; Ord. CS 1056, § 1, 1-23-2023)

17.36.080 - Other required conditions.

All principal permitted uses shall be conducted wholly within a completely enclosed building, except for occasional sidewalk sales and similar promotional events by several businesses at the same time.

A six-foot high solid fence or wall shall be required on the property line abutting any residential zone or land designated for future residential use.

(Ord. CS 567, 1984)

17.36.090 - Site plan and design review.

All proposed construction or remodeling, and all signs in the C-C zone shall require site plan approval and/or design review as specified elsewhere in this title.

(Ord. CS 567, 1984; Ord. CS 1059, § 1, 3-27-2023)

CHAPTER 17.37 - C-T, THOROUGHFARE COMMERCIAL

17.37.010 - Purpose. ¶

To provide for retail commercial, entertainment, and transient residential uses, which are appropriate to thoroughfare locations and dependent upon the traveling public.

Any visitor-related use permitted shall not only be established for the convenience of the travelers, but most of all shall be aesthetically pleasing, beautifying the area, and serve as an invitation to strangers to "stop in Atwater and stay a while."

C-T areas shall be established as designated in the General Plan, which is in the general vicinity of highways, freeways, on service drives thereof and in proximity to Castle Air Museum, Castle Air Force Base, golf course or similar tourist attracting facilities.

Qualifying areas are preferred to be zoned P-D.

(Ord. CS 569, 1984)

17.37.020 - Conditional uses. ¶

All uses permissible in the C-T zone shall require approval of a conditional use permit by the Planning Commission.

A.

Hotels, motels, and similar transient residential complexes;

B.

Public or commercial recreational facilities, such as swimming pools, bowling alleys, skating rinks and golf driving ranges;

C.

Restaurants, drive-in restaurants, cocktail lounges* and refreshment stands; (*Bars, not incidental to a restaurant, also need City Council approval.)

D.

Curio, souvenir and similar retail shops developed as part of a complex, if possible;

E.

Public and quasi-public uses;

F.

Shopping centers;

G.

Automobile service stations with minor repair as an incidental use;

H.

Truck stops or RV parks;

I.

Off-site alcoholic beverage sales.

J.

Any other retail business or service establishment determined by the Planning Commission to be of the same general character as uses listed above, catering mainly to the motoring public, and being consistent with the intent of this zone as described in Section 17.37.010.

(Ord. CS 569, 1984; Ord. CS 780, 2-28-2000; Ord. CS 782, 5-8-2000)

17.37.030 - Accessory uses.

Accessory uses and buildings customarily incidental to an approved use.

(Ord. CS 569, 1984)

17.37.040 - Lot area, setbacks, and height of structures.

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

A.

Five acre minimum which can be reduced by the Planning Commission for just cause.

B.

Smaller lots, existing at the time this ordinance became effective, shall not be considered nonconforming and may be developed, but not split to a smaller size. Combination of adjacent lots is strongly encouraged for better development with less curb cuts and combined parking facilities, which are mandatory along certain streets.

C.

A ten-foot front yard setback shall be required. Side and rear yard setbacks will be set or waived during use permit approval by the Planning Commission. See exceptions below.

D.

Building height limits: 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.

B.

The project will be exemplary in its design;

C.

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.

I.

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

(Ord. CS 569, 1984; Ord. CS 950, § 1, 3-10-2014; Ord. CS 1056, § 1, 1-23-2023)

17.37.050 - Development standards. ¶

The following items are minimum requirements unless noted otherwise:

A.

Ten percent of the lot area shall be landscaped, especially the front yard setback;

Street trees are to be planted in compliance with adopted City standards;

C.

Landscaping shall comply with City landscaping standards.

D.

Parking and loading as described elsewhere in this title;

E.

A six-foot high wall or solid fence shall be required on the interior property line abutting a residential zone or land designated in the General Plan for future residential use;

F.

Trash receptacles to be screened from view;

G.

All utilities are to be installed underground;

H.

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

(Ord. CS 569, 1984; Ord. CS 667, 1990; Ord. CS 721, 3-27-1995)

17.37.060 - Exceptions.

The following exceptions shall apply:

A.

Setbacks to be enforced as adopted with Section 17.34.060 if abutting residential areas or fronting on certain streets.

(Ord. CS 569, 1984)

17.37.070 - Signs.

All proposed signs shall comply with the regulations elsewhere in this title.

(Ord. CS 569, 1984)

17.37.080 - Site plan and design review. ¶

All uses in the C-T zone shall submit the required drawings for site plan and design review at the time the use permit is applied for, as described elsewhere in this title.

(Ord. CS 569, 1984; Ord. CS 1059, § 1, 3-27-2023)

CHAPTER 17.38 - C-G, GENERAL COMMERCIAL DISTRICT

17.38.010 - Purpose. ¶

To provide a location for the retail, wholesale, and heavy commercial uses and services necessary within the City, but not suited to other commercial districts and too small for the M-1 area.

(Ord. CS 568, 1984)

17.38.015 - Principal permitted uses.

The following shall be permitted uses:

A.

Retail establishments.

Banking and financial institutions.

Business, professional and medical offices.

Massage establishment/therapist.

Personal service establishments.

F.

Restaurants and cafes.

(Ord. CS 606, 1986; Ord. CS 768, 3-8-1999)

17.38.020 - Conditional uses.

The following shall require a use permit by the Planning Commission:

A.

Seed and feed stores;

B.

Agricultural and automotive equipment;

C.

New and used car sales;

D.

Truck, trailer and car rentals;

E.

Retail plumbing and repair electric or electronic retail and repair;

Mobile home and RV sales;

Bakeries and creameries;

H.

Laundries, cleaning and dyeing establishments;

Millinery stores, shoemakers, and upholsterers;

Lumber and contractor yards;

K.

Carpentry and cabinet making;

L.

Any other commercial or light manufacturing uses the Planning commission finds to be consistent with the purpose of this district;

M.

Off-site alcoholic beverage sales;

N.

Uses as identified in Section 17.36.040;

Uses otherwise identified in Section 17.38.015 as principal permitted uses, when located adjacent to an existing use allowed as a conditional use.

(Ord. CS 568, 1984; Ord. CS 606, 1986; Ord. CS 780, 2-28-2000; Ord. CS 782, 5-8-2000)

17.38.030 - Accessory uses. ¶

Any accessory uses incidental to the main use of the property.

(Ord. CS 568, 1984)

17.38.040 - Development standards.

All development in this district shall also comply with the following:

A.

A minimum of ten percent landscaping shall be provided on every property.

B.

Landscaping shall comply with City landscape standards.

C.

Street trees are to be planted in compliance with adopted City standards.

D.

Parking to be in compliance with requirements elsewhere in this title.

E.

F.

A six-foot high solid fence or wall shall be required on the property line abutting any residential zone or land designated for future residential use in the General Plan. Fences in exterior yards to comply with residential requirements.

G.

Trash receptacles shall be screened from view.

H.

All utilities shall be installed underground.

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

(Ord. CS 568, 1984; Ord. CS 667, 1990; Ord. CS 721, 3-27-1995)

17.38.050 - Lot area, setbacks, building height. ¶

No lot shall be created that would be smaller than 10,000 square feet. All existing lots that are smaller shall be developed in compliance with this chapter.

Setbacks: Exterior setback: ten feet.

Interior and rear yard setback as required by Building or Fire Code.

Building height: 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.

B.

The project will be exemplary in its design;

C.

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.

I.

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

(Ord. CS 568, 1984; Ord. CS 950, § 1, 3-10-2014; Ord. CS 1056, § 1, 1-23-2023)

17.38.060 - Exceptions.

Setbacks listed in Section 17.38.050 shall not apply in the following instances:

A.

B.

If property is abutting a residential zone or land designated for residential uses in the General Plan, a ten foot setback shall be required.

(Ord. CS 568, 1984)

17.38.070 - Sign Regulations.

All proposed signs shall comply with the regulations elsewhere in this title.

(Ord. CS 568, 1984)

17.38.080 - Site plan and design review. ¶

All uses in the C-G zone shall require site plan approval and design review as described elsewhere in this title.

(Ord. CS 568, 1984; Ord. CS 1059, § 1, 3-27-2023)

CHAPTER 17.39 - B-P, BUSINESS PARK DISTRICT OVERLAY (MIXED USE DISTRICT)

17.39.010 - Purpose. ¶

This zone has been established to be consistent with the General Plan Land use Element and to encourage a mixture of commercial and industrial development. The zone's objectives are to provide an attractively designed business park that allows mixed commercial and industrial uses made compatible through promotion of architectural elements and to ensure that the developments are visually organized, clear, and coherent to achieve a "sense of place" for this district.

(Ord. CS 718, 1995)

17.39.020 - Permitted uses. ¶

Any permitted uses in each of the following base zones as long as they do not have an adverse environmental impact upon surrounding uses:

A. C-O, Office Commercial;

B.

C-T, Thoroughfare Commercial;

C.

C-G, General Commercial;

D.

M-1, Light Industrial;

E.

M-2, Industrial District.

(Ord. CS 718, 1995)

17.39.030 - Conditional Uses. ¶

All conditional uses shall be as prescribed under each base zone district ranging from C-O to M-2, inclusive, and shall be reviewed and granted by the Planning Commission in conformity with Chapter 17.71

of the Atwater Municipal Code. Furthermore, a conditional use permit shall also comply with the goals and objectives of the Atwater General Plan and shall not be detrimental to the public health, safety, and welfare.

(Ord. CS 718, 1995; Ord. CS 780, 2-28-2000)

17.39.040 - Other uses. ¶

The Commission may find that any uses not identified as a principal permitted use or conditional use in any base zone district may be allowed as a conditional use where such use is consistent with the purpose of this district and will not impair the present or potential use of adjacent properties.

(Ord. CS 718, 1995)

17.39.050 - Development standards. ¶

The following development standards shall apply to the Business Park (BP) Zone District:

A.

Lot size—10,000 square foot minimum.

B.

Frontage—100 foot minimum.

Setbacks:

Front: 20 foot, or as approved by the Planning Commission.

Exterior side: 20 foot, or as approved by the Planning Commission.

Interior Side: 0.

Rear: 0.

D.

The following building standards are provided to promote harmony within this zone district:

Variation of building front and exterior side setbacks especially when two or more buildings are to be built on zero lot lines adjacent to each other (this setback variation is required to break the mass).

E.

Building height: 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.

B.

The project will be exemplary in its design;

C.

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.

I.

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

(Ord. CS 718, 1995; Ord. CS 950, § 1, 3-10-2014; Ord. CS 1056, § 1, 1-23-2023)

17.39.060 - Site improvement standards.

A.

Open Space and Landscaping: Open space or percentage of landscaped area shall be reviewed on individual bases and shall be approved as part of site and architectural approval as described elsewhere in this title. At the minimum, all setbacks shall be landscaped and equipped with a seven-day automatic irrigation system.

B.

Parking: The number of parking stalls is to be in compliance with the base zone requirements as prescribed in Chapter 17.63, unless it can be demonstrated that other standards should apply. Parking lots and cars shall not be the dominant visual elements of a development and should be screened from public view by use of rolling earth berms, low screen wall, and changes in elevation.

C.

Loading/Unloading Area: All uses receiving or shipping the goods shall provide a loading/unloading area in addition to required parking area.

D.

Circulation: Street improvements, including fencing, sidewalk, signs, pathways, and lighting should be designed commensurate with their function, scale, and type of development to help create a sense of identity and overall character for this zone district. In addition, the sidewalks, pedestrian paths, and bicycle trails should be integrated into the Circulation Plan for each development.

E.

Lighting: Lighting should be used to provide safety and security of on-site areas including parking, loading, pathways, and work areas. The design of light fixtures and their structural supports shall be architecturally compatible with main structures. Use of low-profile lights for on-site lighting is encouraged.

F.

Signage: Each complex shall submit an overall signage plan and should be compatible with buildings and site design relative to color, materials, placement, function, size, and height. The design, size, and location of all signs shall comply with Chapter 17.69 for each base zone. Submittal of overall sign designs for the entire complex at the time of site and architectural review is encouraged.

G.

Trash and Recyclable Materials Storage Area: Each development shall provide a separate enclosure for trash and recyclable materials. Said enclosures shall be built with masonry block wall, concrete floors, and shall be accessible to the tenant and service vehicles (refer to Bill No. 1-95, Ord. No. CS 722 relating to collecting and loading recyclable materials). All outdoor storage areas including trash enclosures, recyclable materials enclosures, loading, and equipment areas and roof top equipment shall be screened from public view, and the enclosures shall not be constructed within the front setback.

H.

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

(Ord. CS 718, 1995; Ord. CS 721, 3-27-1995; Ord. CS 1059, § 1, 3-27-2023)

17.39.070 - Exceptions.

Setbacks listed in Section 17.39.050 shall not apply if the property is abutting a major arterial, in which case, the setback shall be 65 feet from the center line of the public right-of-way. In addition, if the property is abutting a residential zone or land designated for residential uses in the General Plan, a ten-foot setback shall be required.

(Ord. CS 718, 1995)

17.39.080 - Prohibited uses.

A.

Automobile wrecking, storage of second-hand automobile parts and disabled automobiles shall not be permitted in this district.

B.

Industries associated with toxic or chemical hazards, pollution of the air, water or soil, shall be prohibited if the impact cannot be completely mitigated.

(Ord. CS 718, 1995)

17.39.090 - Site and architectural review.

All development in this zone shall be subject to site and architectural review as described elsewhere in this title.

(Ord. CS 718, 1995; Ord. CS 1059, § 1, 3-27-2023)

CHAPTER 17.40 - M-1, LIGHT INDUSTRIAL ZONE

17.40.010 - Purpose. ¶

The purpose of the M-1, Light Industrial district, is to provide sites to accommodate no-nuisance, processoriented industries with modern plant facilities, or modern retail facilities, including off-street parking and loading, landscaping, and other architectural and site amenities not found in older industrial areas. It is envisioned that the character of industries in this category will be of such a nature that they could harmoniously exist adjacent to other non-industrial uses.

(Ord. CS 576, 1984; Ord. CS 676, 1991)

17.40.020 - Principal permitted uses. ¶

A.

Administrative and executive offices where accessory to a permitted industry.

B.

Research laboratory.

C.

Manufacture of precision instruments, electric or electronic equipment, optical equipment.

D.

Printing plants including letterheads and stationery job printing.

E.

Wholesaling, warehousing, and truck terminals.

F.

Cemeteries.

G.

Other uses as determined by the Planning Commission to be of the same general character as other permitted uses in this district, where all operations incidental to the manufacture take place within an enclosed structure, and where all noise, dust, vapor, odor, glare, or other possible nuisance is effectively confined to the premises.

H.

Retail establishments subject to compliance with all zoning ordinance and environmental requirements.

I.

Emergency Shelters for the homeless. "Emergency shelter" means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person, where no individual or household may be denied emergency shelter because of an inability to pay. The standards for emergency shelters include the following:

1.

Number of Beds. An emergency shelter may have up to 60 beds.

2.

Location Requirement. Emergency shelters shall have separation of at least 300 feet from residential zones, parks, and schools.

3.

Hours of Operation. Facilities shall establish and maintain set hours for client intake and discharge. The hours of operation shall be consistent with the services provided and shall be posted in a publicly visible and accessible location on a sign that is no larger than one square foot.

4.

Outdoor Activities. Outdoor activity and intake areas shall be screened from public view and from the view of adjacent properties.

5.

Security. A security plan shall be submitted to the Sheriff's Department for review and approval prior to operation and shall be reviewed annually.

6.

Lighting. On-site lighting shall be provided in all parking, pedestrian paths, and entry areas. Lights shall be shielded and directed away from adjacent uses.

7.

On Site Staffing. A minimum of one supervisory level staff member must be present on the site during hours of operation. Operator(s) must ensure that loitering does not occur on the property during non-shelter hours and must ensure that clients are not loitering, littering, or otherwise creating a nuisance to the neighborhood.

8.

Parking. The emergency shelter shall provide on-site parking for all staff plus one space per ten occupants allowed at the maximum capacity.

9.

Length of Stay. The maximum length of stay shall be no longer than six months, as established by the California Health and Safety Code for emergency shelters.

10.

Compliance with Federal, State, and Local Regulations. Operation of emergency shelters shall comply with all Federal, State, and Local requirements.

11.

Compliance with Life Safety Regulations. Emergency shelters shall comply with all applicable Building, Fire, and Health and Safety codes.

12.

A plot plan review for proposed facilities shall be submitted to responsible County departments for review and comment.

(Ord. CS 576, 1984; Ord. CS 676, 1991; Ord. CS 1000, § 1, 11-13-2018)

17.40.030 - Conditional uses.

Subject to conditional use permit:

A.

Public utility buildings and substations.

B.

Accessory uses to a permitted use such as cafeteria, restaurant, employees' auditorium, medical center, living quarters for night watchman or guard, when located on the same lot as the permitted use, and when located entirely within an enclosed building.

C.

Machine and welding shops, carpenters, manufacturers of furniture and similar items, and other uses which in the Community Development and Resources Commission opinion are not obnoxious, do not create noise, odors, smoke, bright lights or excessive vibrations, and are similar in character to those listed in this chapter.

D.

Contractors and lumber yards, but only when conducted within a building, or when enclosed by a solid fence of seven feet minimum height, provided that no material may be stacked higher than the height of the fence.

E.

Retail sales of products manufactured on the site and/or accessory to principal use; occasional auctions.

F.

Assembly, processing and packaging plants, provided any resulting nuisance shall be effectively confined to the buildings.

G.

Communication facilities.

H.

A cannabis business, as defined and allowable in Title 5 of the Atwater Municipal Code.

I.

Other uses as determined by the Community Development and Resources Commission to be of the same general character as other conditional uses in this district.

J.

A mobile food vendor as defined in Section 17.06.536.

(Ord. CS 576, 1984; Ord. CS 780, 2-28-2000; Ord. CS 995, § 1, 5-14-2018; Ord. CS 1026, § II, 1-13-2020)

17.40.040 - Development standards.

A.

Minimum Lot Size: 0.5 acres.

Exterior setback: 15 feet minimum.

Interior setbacks: None, except as required by the building and fire codes unless the property adjoins a residential zone where a ten-foot setback is required.

Height of buildings: 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.

B.

The project will be exemplary in its design;

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.

I.

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

B.

Fences: 6—8 feet in height behind exterior setback

C.

Outdoor storage area shall be surrounded by a masonry, combination wood and masonry, ornamental screen or fence, or adequate planting sufficient to screen such storage areas from view, not less than six feet in height nor more than eight feet in height, and no materials shall be stacked higher than the enclosure.

D.

Loading Area. Adequate off-street space for the handling of all materials and equipment shall be provided. Before use permits or site plans are approved, the Planning Commission shall make specific findings as to adequacy of loading area, depending on the type of activity involved.

E.

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

(Ord. CS 576, 1984; Ord. CS 640, 1988; Ord. CS 721, 3-27-1995; Ord. CS 1056, § 1, 1-23-2023)

17.40.050 - Parking requirements. ¶

Parking requirements as listed elsewhere in this title.

Non-intensive uses such as, but not limited to, wholesale or storage uses may get a waiver by the Planning Commission for up to 50 percent of improved parking spaces, but shall have the land available as additional landscaped area until more parking is required.

(Ord. CS 576, 1984)

17.40.060 - Exceptions.

A.

Front yard setback shall be larger than 15 feet if it abuts major arterials which have different requirements.

B.

Mini-warehouses and RV storage areas may be permitted in this district but shall comply with regulations listed under specific uses elsewhere in this title.

C.

Exceptions to building height may be made by the City Council, after due consideration of the professional opinion of the Fire Chief.

(Ord. CS 576, 1984; Ord. CS 950, § 1, 3-10-2014)

17.40.070 - Prohibited uses. ¶

A.

Automobile wrecking, storage of second-hand automobile parts and disabled automobiles shall not be permitted in this district.

B.

Heavy water using or heavy sewage producing industries should be prohibited.

Industries associated with toxic or chemical hazards, pollution of the air, water or soil, shall be prohibited if the impact cannot be completely mitigated.

(Ord. CS 576, 1984)

17.40.080 - Landscaping Requirements. ¶

A minimum of ten percent of the property shall be landscaped. Landscaping shall comply with City landscape standards.

(Ord. CS 576, 1984; Ord. CS 667, 1990)

17.40.090 - Site plan and design review. ¶

All uses shall be subject to site plan and design review as described elsewhere in this title.

(Ord. CS 576, 1984)

CHAPTER 17.42 - M-2, INDUSTRIAL ZONE

17.42.010 - Purpose. ¶

The purpose of the M-2 Industrial District is to provide sites to accommodate process oriented industries, heavy commercial uses and heavy industrial plants which, in the opinion of the Planning Commission, are not objectionable by reason of the production of noise, offensive odors, smoke, dust, bright light, vibration, creation of air, water or soil pollution, or involving the handling of explosive or dangerous materials.

(Ord. CS 583, 1984)

17.42.020 - Principal permitted uses. ¶

A.

Administrative and executive offices where accessory to a permitted industry.

B.

Research laboratory, experimental or photographic laboratory.

C.

Manufacture of precision instruments, electric or electronic equipment, optical equipment.

D.

Printing plants including letterheads and stationery job printing.

E.

Wholesaling, warehousing, and truck terminals.

F. Cemeteries.

G.

Other uses as determined by the Planning commission to be of the same general character as other permitted uses in this district, where all operations incidental to the manufacture take place within an enclosed structure, and where all noise, dust, vapor, odor, glare, or other possible nuisance is effectively confined to the premises.

H.

1.

Number of Beds. An emergency shelter may have up to 60 beds.

2.

Location Requirement. Emergency shelters shall have separation of at least 300 feet from residential zones, parks, and schools.

3.

4.

Outdoor Activities. Outdoor activity and intake areas shall be screened from public view and from the view of adjacent properties.

5.

Security. A security plan shall be submitted to the Sheriff's Department for review and approval prior to operation and shall be reviewed annually.

6.

Lighting. On-site lighting shall be provided in all parking, pedestrian paths, and entry areas. Lights shall be shielded and directed away from adjacent uses.

7.

8.

Parking. The emergency shelter shall provide on-site parking for all staff plus one space per ten occupants allowed at the maximum capacity.

9.

Length of Stay. The maximum length of stay shall be no longer than six months, as established by the California Health and Safety Code for emergency shelters.

10.

Compliance with Federal, State, and Local Regulations. Operation of emergency shelters shall comply with all Federal, State, and Local requirements.

11.

Compliance with Life Safety Regulations. Emergency shelters shall comply with all applicable Building, Fire, and Health and Safety codes.

12.

A plot plan review for proposed facilities shall be submitted to responsible County departments for review and comment.

(Ord. CS 583, 1984; Ord. CS 622, 1987; Ord. CS 1000, § 2, 11-13-2018)

17.42.030 - Conditional uses. ¶

A.

Subject to Conditional Use Permit:

1.

A cannabis business, as defined and allowable in Title 5 of the Atwater Municipal Code.

2.

Other uses at the discretion of the Community Development and Resources Commission may be allowed through the issuance of a Conditional Use Permit, unless otherwise prohibited by law, and those uses which, in the opinion of the Community Development and Resources Commission, are objectionable by reason of the production of noise, offensive odors, smoke, bright light, vibration or involving the handling of explosive or dangerous materials.

A mobile food vendor as defined in Section 17.06.536.

B.

Residential and commercial uses are specifically excluded from this zone by provisions of Article 6 of this chapter.

C.

None of the following uses, or uses similar to the general character of the following, shall be established within the M-2 district:

1.

Drilling for and/or removal of oil, gas, or other hydrocarbon substances.

2.

Commercial excavation of building or construction materials.

3.

Dumping disposal, incineration or reduction of garbage, sewage, offal, dead animals or refuse.

4.

Distillation of bones.

5.

Fat rendering.

6.

Manufacture or storage of acid, cement, explosives or fireworks, fertilizer, gas, glue, gypsum, lime or plaster of Paris.

7.

Stock yards or slaughter of animals.

8.

Refining of petroleum or its products.

9.

Smelting of copper, iron, tin, zinc, or other ores.

10.

Junk yards.

Hog raising.

(Prior Code § 10-3.1701; Ord. CS 445, 1980; Ord. CS 583, 1984; Ord. CS 622, 1987; Ord. CS 995, § 2, 5- 14-2018; Ord. CS 999, § 1, 11-13-2018; Ord. CS 1026, § II, 1-13-2020)

17.42.040 - Development standards.

A.

Minimum Lot Size: 0.5 acres.

Exterior setback: 15 feet minimum.

Interior setbacks: None, except as required by the building and fire codes unless the property adjoins a residential zone where a ten-foot setback is required.

Height of buildings: 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.

B.

The project will be exemplary in its design;

C.

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.

I.

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

B.

Solid fencing is permitted up to eight feet in height except in the exterior setback.

Open chainlink fencing up to eight feet in height is permitted anywhere on the property.

C.

Outdoor storage area shall be surrounded by a masonry, combination wood and masonry, ornamental screen or fence, or adequate planting sufficient to screen such storage areas from view in a manner subject to approval of the Planning Commission and no materials shall be stacked higher than the enclosure.

D.

Loading Area. Adequate off-street space for the handling of all materials and equipment shall be provided, before use permits are approved by the Planning Commission, or site plans are approved as described elsewhere in this title.

E.

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

; Ord. CS 1056, § 1, 1-23-2023; Ord. CS 1059, § 1, 3-27-2023

(Ord. CS 583, 1984; Ord. CS 640, 1988; Ord. CS 721, 3-27-1995)

17.42.050 - Parking requirements. ¶

Parking requirements as listed elsewhere in this title.

Non-intensive uses such as, but not limited to, wholesale or storage uses may receive a waiver by the Planning Commission for up to 50 percent of improved parking spaces, but shall have the land available as additional landscaped area until additional parking is required.

(Ord. CS 583, 1984)

17.42.060 - Exceptions. ¶

A.

Front yard setback shall be greater than 15 feet if it abuts a major arterial which specifies a greater setback.

B.

Mini-warehouses and RV storage areas may be permitted in this district but shall comply with regulations listed under specific uses elsewhere in this title.

C.

Exceptions to building height may be made by the City Council, after due consideration of the professional opinion of the Fire Chief.

(Ord. CS 583, 1984; Ord. CS 950, § 1, 3-10-2014)

17.42.070 - Prohibited uses. ¶

A.

Heavy water using or heavy sewage producing industries should be discouraged.

B.

Industries associated with toxic or chemical hazards, pollution of the air, water or soil, shall be prohibited if the impact cannot be completely mitigated.

C.

Drilling for and/or removal of oil, gas, or other hydrocarbon substances.

D.

Commercial excavation of building or construction materials.

Dumping disposal, incineration or reduction of garbage, sewage, offal, dead animals or refuse.

Distillation of bones.

G.

Fat rendering.

Manufacture or storage of acid, cement, explosives or fireworks, fertilizer, gas, glue, gypsum, lime or plaster-of-Paris.

I.

Stock yards, slaughter houses, and raising of livestock.

Refining of petroleum or its products.

Smelting of copper, iron, tin, zinc, or other ores.

Salvage and scrap metal yards.

(Ord. CS 583, 1984)

17.42.080 - Landscaping requirements.

A minimum of ten percent of the property shall be landscaped. Landscaping and irrigation plans shall be submitted to and approved by the Parks and Recreation Director. One shade tree of 15 gallon minimum size shall be planted in parking areas for every ten spaces.

(Ord. CS 583, 1984)

17.42.090 - Site plan and design review.

All uses shall be subject to site plan and design review as described elsewhere in this title.

(Ord. CS 583, 1984)

CHAPTER 17.43 - D-BD, DOWNTOWN BUSINESS DISTRICT

17.43.010 - Purpose and intent.

The Downtown Business District is intended to provide a mix of public and private uses designated to create a downtown shopping experience and pedestrian friendly environment. Emphasis on a mix of smallscale commercial and retail businesses and locally oriented professional and personal services are encouraged. Other supported businesses are to include mixed or multiple use developments, higher density loft type housing units, and civic and governmental offices. High quality design and signage requirements are key features to this district.

(Ord. CS 1017, § 2, 10-14-2019)

17.43.020 - Principal permitted uses.

Retail establishments;

Banking and financial institutions;

Business, professional and medical offices;

Personal service establishments;

E.

Existing residential uses;

F.

Restaurants and cafes;

G.

Uses not listed above, but found to be compatible with the above;

H.

A Certified Farmers Market shall not be subject to the issuance of a Conditional Use Permit however shall require the approval of the planning commission for any closure of streets or public parking areas.

(Ord. CS 1017, § 2, 10-14-2019)

17.43.030 - Uses requiring a conditional use permit. ¶

Theaters;

B.

Hotels and motels;

C.

Sidewalk cafes and other uses not totally contained within an enclosed building;

D.

Cocktail lounges, bars, restaurants, and other businesses that would require an alcohol license will require a Conditional Use Permit;

E.

Dwelling units above the ground floor that contain other commercial uses at the street level;

F.

Existing residential dwellings may be reconstructed, repaired or enlarged;

G.

Any other uses that the Planning Commission finds to be consistent with the purpose of this district, and which will not impair the present and potential use of nearby properties.

H.

Automotive repair facilities located east of First Street.

I.

Gas stations located east of First Street.

J.

Brewers and distilleries.

K.

Mobile food vendors as defined in Section 17.06.536.

(Ord. CS 1017, § 2, 10-14-2019; Ord. CS 1051, § 1, 10-24-2022)

17.43.035 - Prohibited uses.

A.

Warehouses;

Automotive repair located on Broadway Avenue west of First Street;

C.

Gas stations located on Broadway Avenue west of First Street;

D.

Other uses that are found to be non-consistent with the purpose and intent of this district or that by their operation may pose a risk in the generation of offensive or objectionable dust, gas, smoke, noise, fumes, odors, vibrations or other matters that could at the determination of the Planning Commission be considered a nuisance.

(Ord. CS 1017, § 2, 10-14-2019)

17.43.040 - Development standards. ¶

No new lots shall be created smaller than 7,500 square feet, and all new development shall comply with the following minimum requirements:

A.

Setbacks: none, except as specified in Section 17.34.060;

B.

Landscaping shall comply with City landscape standards;

(Ord. CS 1017, § 2, 10-14-2019)

17.43.050 - Site plan and design review.

A.

All projects within the Downtown Business District Zone must comply with provisions of the Commercial and Industrial Design Guidelines and as amended;

B.

All proposed construction and remodeling including tenant improvements above $500.00 in value shall require site plan approval and design review for conformance with the Commercial and Industrial Design Guidelines as amended by the Planning Department.

C.

All signs shall be subject to separate application and review as provided for in Section 17.69 of the Atwater Municipal Code and the above referenced Design Guidelines.

(Ord. CS 1017, § 2, 10-14-2019; Ord. CS 1059, § 1, 3-27-2023)

17.43.060 - Parking requirements for commercial uses. ¶

A.

To promote multi-modal transportation, commercial-grade bicycle racks shall be installed in the parking lot as close to the business as possible in a manner that does not obstruct public right-of-way, entry of a facility, or restrict the ability for emergency services to respond and provide assistance. The parking requirements outlined below will be subject to Section 17.74.070 of the Atwater Municipal Code and the State of California Building Code Title 24 ADA parking requirements.

B.

Parking requirements in the Downtown Business District Zone shall be as follows:

1.

Retail stores, personal services, professional and business offices, banks and post offices: one space for each 500 square feet of floor area. However, uses which do not generate significant traffic, including but not limited to furniture stores, may convert part of the required parking into landscaping at the discretion of the Planning Commission; this landscaped area is to be converted to parking if the need arises, or the land use changes.

2.

Restaurants: For cafes, restaurants and other businesses in the sale and consumption of food or beverages, one space for each three seats or one space per 35 square feet of floor area, whichever is greater.

3.

Hotels and motels: One space per room and one space for each employee.

4.

Mobile food vendor:

a.

If the mobile food vendor shares a site with an established use, any parking spaces occupied by patrons of the mobile food vendor shall not be counted against the established use's parking requirements. If the established use notifies the City that parking has become an issue for its own patrons as a result of the mobile food vendor's operations, the Planning Commission shall hold a hearing to determine whether to revoke or modify the mobile food vendor's conditional use permit.

b.

Side Street parking will be considered when assessing the availability of parking for mobile food Vendors in the Downtown Business District.

(Ord. CS 1065, § 1(Exh. A), 8-14-2023)

CHAPTER 17.44 - PLANNED DEVELOPMENT DISTRICTS

17.44.010 - Purpose. ¶

The overall purpose of the Planned Development (PD) zone is to provide a flexible zone district which will implement the City General Plan and achieve a higher standard of quality of development than typically found in conventional zones. More specific purposes of this district are to:

A.

Relate the development to the characteristics of the site through flexibility of design to enhance the natural attributes of the site.

B.

Provide a harmonious and integrated relationship between the land, buildings, and uses through innovative design.

C.

Promote architectural variety while maintaining compatible styles and design.

D.

Encourage mixed land uses where desirable and make them compatible styles and design.

E.

Encourage development efficiencies through innovative design and land use relationships.

F.

Ensure safe and efficient circulation of motor vehicles, bicycles and pedestrians with a minimum of interference between them, and minimize the use of motor vehicles within the development.

G.

Encourage development of properties into unified developments and ensuring development is consistent with any City Council adopted design guidelines.

H.

Reduce speculative ventures by requiring that a master plan for development of the property be processed concurrently with the zone change application.

(Ord. CS 544, 1984; Ord. CS 709, 1994; Ord. CS 942, § 1, 4-22-2013)

17.44.020 - General provisions. ¶

The following general provisions shall apply to all PD Planned Development zones:

A.

A PD zone may be established on a minimum of ten acres of land for residential but no limit for commercial and industrial uses.

B.

No use other than existing uses as prescribed under General Plan land use and Base Zone shall be permitted in the PD zone except in accordance with a valid master plan approved by the Planning Commission and City Council.

C.

Any and all types of land uses may be considered for approval through a master plan within the PD zone if the uses are consistent with the underlying General Plan land use designation and zoning for the property.

D.

All land within a proposed PD zone shall be held in one ownership, or under mutual agreements of all owners of the property when the initial application for the PD zone and master plan are submitted.

E.

Compliance with any requirement in the PD zone shall not be construed to relieve an applicant from compliance with subdivision regulations, building code requirements or any other applicable regulations of the City.

F.

Each PD zone shall be numbered, the first adopted being shown on the zoning map as "PD(1)" and each zone subsequently adopted numbered consecutively.

G.

Existing Planned Development (PD) zones shall remain in effect to ensure development follows the approved master plan and development plan. Property presently zoned "PD" shall be developed according to the provisions of the approved "PD" zone or as amended pursuant to Section 17.44.100.

(Ord. CS 544, 1984; Ord. CS 709, 1994; Ord. CS 913, § 1, 8-9-2010; Ord. CS 942, § 1, 4-22-2013)

17.44.030 - Planned development approval process.

A.

Initiation. An application to reclassify property to a PD zone may be initiated by the property owner or authorized agent, the Planning Commission, or the City Council.

(Ord. CS 544, 1984; Ord. CS 709, 1994; Ord. CS 942, § 1, 4-22-2013)

17.44.040 - Approval stages. ¶

The development approval process within a PD zone shall consist of three stages:

A.

First Stage: A preliminary conceptual master plan for the entire property shall be submitted for review by the City staff.

B.

Second Stage: After the conceptual plan is reviewed by staff, a master plan shall be submitted concurrently with a PD zone change for Planning Commission recommendation and City Council approval.

C.

Third Stage: After approval of the master plan and zone change applications by the City Council, a detailed development plan shall then be processed for development of all or portions of the property. If approval of a tentative subdivision map is required for residential development, it may be processed concurrently or prior to the development plan, but under no circumstances can the development plan be approved before the approval of the subdivision tentative map. The development plan shall be submitted for Planning Commission recommendation and City Council approval.

(Ord. CS 544, 1984; Ord. CS 709, 1994; Ord. CS 913, § 1, 8-9-2010; Ord. CS 942, § 1, 4-22-2013)

17.44.050 - Master plan. ¶

The master plan application shall indicate how the property is proposed to be developed. The master plan may be conceptual and general in level of detail, but shall propose general locations for buildings, landscaping, and circulation and include development standards to be followed, with the development phasing, and a development schedule.

The master plan application shall be processed, reviewed, and acted on concurrently with the PD zone change at the public hearings before the Planning Commission and City Council.

(Ord. CS 544, 1984; Ord. CS 709, 1994; Ord. CS 942, § 1, 4-22-2013)

17.44.060 - Master plan application processing.

A.

Development of land in a PD zone may occur by phases. Such phases and the corresponding development schedule shall be indicated in the master plan and be reasonable in size, shape, function, timing, and relationship to adjacent development.

B.

Environmental review of the proposed development and CEQA documentation shall be accomplished to the maximum extent feasible at the zone change and master plan stage.

C.

The master plan, pursuant to Section 17.44.020.G. shall remain in effect unless construction of public improvements contained in the plan have not begun within two years of initial approval. Time extensions up

to three additional years may be granted by the City Council in one year increments if requested in writing before the expiration date and if conditions in the area have not substantially changed and the master plan is still consistent with the City General Plan, any City Council adopted design guidelines and ordinances. Prior to City Council's consideration of any extension, the written requests shall be submitted to the Planning Commission for recommendation.

D.

If the master plan time limit expires before the development plan and/or tentative subdivision map are submitted, the Planning Commission has the authority to:

1.

Initiate a zone change to consider rezoning the property to its original zoning or other appropriate zone which is consistent with General Plan land use. The approval of the master plan shall be conditioned to this effect and a Notice of Conditions of Approval shall be recorded to advise any prospective property owners of this entitlement limitation; or

2.

Permit the applicant/developer to either resubmit the master plan for approval or submit a new plan for approval. Submission and approval of the master plan will follow the procedures for submission and approval of master plans under this chapter.

(Ord. CS 544, 1984; Ord. CS 709, 1994; Ord. CS 913, § 1, 8-9-2010; Ord. CS 942, § 1, 4-22-2013)

17.44.070 - Findings to approve master plan. ¶

The Planning Commission shall recommend and the City Council shall approve or conditionally approve the master plan for the PD zone upon making the following findings:

A.

The master plan will provide for a higher standard or quality of development than typically found in the other zones and will meet the intent of the purposes of Planned Development zone.

B.

Deviations from the requirements in the other zones of the zoning code that would normally apply are justified by compensating benefits of the master plan.

C.

The master plan is consistent with and furthers the policies of the General Plan and any applicable community specific plan and adopted design guidelines.

D.

The master plan includes adequate provisions for public facilities and services including water, sewer, drainage, traffic circulation, and access.

E.

Public service demands will not exceed the capacity of existing and planned systems.

(Ord. CS 544, 1984; Ord. CS 709, 1994; Ord. CS 913, § 1, 8-9-2010; Ord. CS 942, § 1, 4-22-2013)

17.44.080 - Master plan required plans and materials. ¶

An application for rezoning to a PD zone shall be submitted with a master plan application and shall include the following items:

A.

A map showing the proposed PD zoning boundaries and the relationship to existing uses and structures within a 300-foot radius from proposed property lines.

B.

Present and approximate proposed topography of the area, including existing natural features (trees, rock outcroppings, streams, etc.) and those to be retained.

C.

A statement from a registered civil engineer indicating how adequate water, sewer, and drainage services will be provided.

D.

A conceptual site plan showing:

1.

The general categories of land uses, i.e. low density residential, office commercial, light research industrial, etc.

2.

The intensity of development within the zone, i.e. number of residential units per acre, square footage of office, retail commercial and industrial uses, and lot coverage.

3.

The circulation system within the zone, such as roads, sidewalks and pedestrian paths, and bicycle trails and whether roads are to be public or private. Trip generation information must also be provided for the proposed use.

4.

Open spaces and landscaping: general features, functions, purposes, whether public or private, and both total acreage and percentage of total project area.

General design and location of facilities and structures within the zone.

6.

Architectural style of the buildings or architectural theme for future development consistent with any applicable codes and adopted design guidelines.

7.

Master plan development schedule:

a.

The number and delineation of phases shall be indicated.

b.

A development schedule shall be provided which indicates the proposed sequence of development and an approximate time schedule from ground breaking to occupancy of the various uses.

8.

A statement as to the benefits and need for the Planned Development zoning as opposed to conventional zoning. This should include how the proposed PD zone and development meets the purposes of the PD zone.

9.

A statement as to how the proposed PD zone furthers the goals, objectives, and policies of the City General Plan.

(Ord. CS 544, 1984; Ord. CS 709, 1994; Ord. CS 913, § 1, 8-9-2010; Ord. CS 942, § 1, 4-22-2013)

17.44.090 - Reserved. ¶

Editor's note— Ord. CS 913, § 1, adopted August 9, 2010, amended the Code by repealing former § 17.44.090 in its entirety. Former § 17.44.090 pertained to modifications to the master plan, and derived from Ord. CS 544 of 1984 and Ord. CS 709 of 1994.

17.44.100 - Amendment to the master plan. ¶

Substantial revisions to an approved master plan shall require an amendment to the master plan.

A.

An amendment to the master plan shall be considered at a public hearing. The Planning Commission shall make a recommendation to the City Council to approve, conditionally approve, or deny the amendment.

An application to amend the master plan shall accompany the following items:

1.

Fee as established for use permit application.

2.

Map showing the original approval and the proposed modification.

3.

Compliance with all the master plan requirements and materials as outlined under Section 17.44.080 of this chapter.

C.

A revised master plan shall be consistent with General Plan designation and the Planned Development zoning district for which they have been established.

D.

Substantial modification to the originally approved master plan may require a new environmental document to assess the new impacts.

E.

Approval of an amendment to the originally approved master plan shall carry out the remaining of time as prescribed by Section 17.44.060.C. of this chapter.

(Ord. CS 544, 1984; Ord. CS 709, 1994; Ord. CS 913, § 1, 8-9-2010; Ord. CS 942, § 1, 4-22-2013)

17.44.110 - Development plan. ¶

As described in Section 17.44.040, the third and final stage for the development approval process within a PD zone requires the applicant/developer to submit a detailed development plan for development of all or portions of the property. If approval of a tentative subdivision map is required for residential development, it may be processed concurrently or prior to the development plan, but under no circumstance can the development plan be approved before the approval of the subdivision tentative map.

Each development plan application shall include precise plot plans, elevation drawings of proposed structures, building materials, and other appropriate supporting material.

After Planning Commission recommendation, the City Council has the authority to approve or conditionally approve a development plan if the plan conforms with and implements the approved master plan with minor modifications.

(Ord. CS 544, 1984; Ord. CS 709, 1994; Ord. CS 913, § 1, 8-9-2010; Ord. CS 942, § 1, 4-22-2013)

17.44.120 - Development standards.

A.

The proposed categories of land use, residential housing unit densities, and population densities, shall be consistent with the standards in the City's General Plan and any adopted specific plan for the underlying land use designations.

B.

Other standards and guidelines such as lot areas, lot coverage, setbacks, heights of buildings, open space and adopted design guidelines shall be as approved by the City Council after recommendation by the Planning Commission.

C.

Building height. 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.

B.

The project will be exemplary in its design;

C.

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.

I.

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

(Ord. CS 544, 1984; Ord. CS 709, 1994; Ord. CS 913, § 1, 8-9-2010; Ord. CS 942, § 1, 4-22-2013; Ord. CS 950, § 1, 3-10-2014; Ord. CS 1056, § 1, 1-23-2023)

17.44.130 - Development plan application processing.

A.

A development plan should cover at least one phase of development described in the master plan and shall conform to the approved development schedule.

B.

The development plan, pursuant to Section 17.44.020.G. shall remain in effect unless construction consistent with the approved development plan has not begun within two years of initial approval. Extensions of time up to two additional years for the initiation of development pursuant to the development plan may be granted by the City Council in one year increments if requested before the expiration date. Prior to City Council's consideration of any extension, the written request shall be submitted to the Planning Commission for recommendation.

C.

If initial approval the development plan and all extensions as set forth in Section 17.44.130.B. have been exhausted, then the applicant/developer may resubmit the development plan for approval or submit a new plan for approval. Submission and approval of the development plan will follow the procedures as set forth under this chapter.

(Ord. CS 544, 1984; Ord. CS 709, 1994; Ord. CS 913, § 1, 8-9-2010; Ord. CS 942, § 1, 4-22-2013)

17.44.135 - Amendment to the development plan. ¶

Revisions or modifications to an approved development plan shall require an amendment to the development plan.

A.

An amendment to the development plan shall be considered at a public hearing. The Planning Commission shall make a recommendation to the City Council to approve, conditionally approve, or deny the amendment.

B.

An application to amend the development plan shall accompany the following items:

1.

Fee as established for use permit application.

2.

Map or other exhibits showing the original approval and the proposed modification.

3.

Compliance with all the development plan requirements and materials as outlined under Section 17.44.150 of this chapter.

C.

A revised development plan shall be consistent with the General Plan designation and the Planned Development zoning district for which they have been established.

D.

Approval of an amendment to the originally approved development plan shall carry out the remaining of time as prescribed by Section 17.44.130.B. of this chapter.

(Ord. CS 942, § 1, 4-22-2013)

17.44.140 - Development plan required plans and materials.

A.

A development plan application shall be submitted to the Planning Commission for recommendation and City Council and shall include the following:

1.

Precise plot plans, or generalized plot plans;

2.

Elevation drawings of proposed structures for typical individual single family residential structures;

3.

The location and purpose of landscaped areas with general categories of plants to be used;

4.

Detailed signage plan;

5.

Detailed lighting plan;

6.

Vehicle, pedestrian, and bicycle circulation plans; and

7.

Other supporting material.

B.

The development plan shall indicate how the proposed development meets the intent and is consistent with the adopted master plan and any City Council adopted design guidelines.

(Ord. CS 544, 1984; Ord. CS 709, 1994; Ord. CS 913, § 1, 8-9-2010; Ord. CS 942, § 1, 4-22-2013)

17.44.150 - Site design.

In addition to any requirements imposed by the General Plan, applicable State laws, this Code and any adopted design guidelines, the following shall apply to development under this chapter:

A.

Development should be oriented to the natural terrain by encouraging innovation and variety in site design, grading techniques, building types, and spacing of buildings.

B.

All buildings should be shaped, designed, and organized to provide visual interest, a sense of identity, and to allow adequate access, light, and air.

C.

Buildings should also be compatible in design, height, scale, and color scheme with buildings in other phases of the development.

D.

Except for industrial uses, large projects should be segmented into groups of structures. The use of large, boxlike structures shall be avoided.

E.

Whenever possible, structures should be clustered to create plazas and pedestrian areas. Scattered or long barracks-like rows of structures should be avoided.

F.

Variety should be employed in structure forms to create visual character and interest. Long, blank building walls shall be avoided.

G.

Where commercial and industrial uses are adjacent to residential uses, appropriate buffering techniques such as setbacks, screening, and landscaping with walls shall be provided.

H.

Open Space.

1.

"Open space" for the purposes of this chapter is defined as any common area not covered by buildings, roadways, or parking lots.

2.

The two main types of open space are:

a.

Private Open Space. Land adjacent to dwellings and commercial or industrial structures that is reserved for the exclusive use of the residents, customers, or workers.

b.

Common Open Space. Land set aside for all inhabitants of a residential development or active and passive open space for the general public in other areas.

3.

Open space may be used for a variety of functions: noise buffers, aesthetics, active and passive recreations, wildlife conservation, flood control, groundwater recharge, and pedestrian and bicycle trails.

4.

The amount of open space provided should be predicated on the amount needed to effectively perform the function for which it is intended. For example, small pockets of open space are not adequate as active recreational areas. An area large enough to support a sports court is more appropriate to perform that function. Open space buffers should also be large enough to achieve the desired goals of reducing noise.

5.

Significant natural areas of high historic, cultural or scenic value, hazard areas, and other areas not suitable for development should be preserved as parts of a comprehensive open space system with adequate provisions for control, operation, and maintenance.

6.

Valuable natural resources such as waterways or trails and bike paths, that have been damaged or improperly used in the past shall be restored.

7.

Open space for recreation or social activities should be of minimum slope (less than ten percent), take advantage of available sunlight, and be buffered from the noise and traffic of adjacent streets or other incompatible uses.

8.

Dual use of drainage basins/recreation area are encouraged.

I.

Landscaping. Landscaping should:

1.

Enhance the environmental value and physical appearance of the development.

2.

Improve the environmental performance of the development by reducing heat, glare, and noise; promoting the percolation of storm water and recharging of groundwater; aiding in improving air quality; and buffering potentially incompatible uses from one another.

3.

Promote the conservation of water and preservation of water quality through the use of drought tolerant plant material in landscaping and the retention of existing natural vegetation, thereby reducing the need for irrigation, pesticides, herbicides, and fertilizers.

J.

Circulation.

Street improvements, including fencing, sidewalks, signs, pathways, and lighting should be designed commensurate with their function, scale, and type of development to help create a sense of identity and individual character for each development.

2.

In addition to sidewalks, pedestrian paths and bicycle trails should be integrated into the circulation plan for each development.

K.

Parking.

1.

Parking lots and cars shall not be the dominant visual elements of a development site. A number of small parking areas separated by buildings and landscaping are preferable to a single large parking lot. The interiors of parking lots should also be landscaped with both shade trees and shrubs.

2.

Parking lots adjacent to and visible from public streets shall be screened through the use of rolling earth berms, low screen walls, and changes in elevation and landscaping.

3.

For security reasons, parking spaces should be visible from the interior of structures, especially entrances.

4.

The minimum number of parking spaces shall be provided as indicated in Chapter 17.63 of the zoning code, unless it can be demonstrated that other standards should apply.

L. Lighting.

1.

Lighting should be used to provide illumination for the security and safety of onsite areas such as parking, loading, pathways, and work areas.

2.

The design of light fixtures and their structural supports shall be architecturally compatible with the main structures in the development and shall not impact adjacent properties.

M.

Signs.

1.

There should be an overall signage plan for the development. Signs should be compatible with buildings and site design within the development relative to color, materials, placement, function, size, and height.

2.

The design, size, and location of all signs shall comply with Chapter 17.69 of the zoning code.

N.

Equipment Storage. Outdoor storage, trash enclosures, loading, and equipment areas, including roof-top equipment, shall be screened from public view.

O.

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

(Ord. CS 544, 1984; Ord. CS 709, 1994; Ord. CS 721, 3-27-1995; Ord. CS 913, § 1, 8-9-2010; Ord. CS 942, § 1, 4-22-2013)

CHAPTER 17.45 - UNCLASSIFIED AREAS

17.45.010 - Purpose. ¶

Cities occasionally end up with portions of the city left without General Plan or Zoning Code land use designations. These areas are often referred to as "unclassified" or "white holes." Unclassified areas can occur for various reasons as cities amend planning documents and maps over time. This Chapter establishes a Conditional Use Permit requirement for proposed uses in unclassified Areas of the City. This Chapter gives the City discretion to permit development in these areas pursuant to Chapter 17.71 of this Code relating to Conditional Use Permits. For the purposes of finding General Plan and Zoning Code consistency for Conditional Use Permits under this provision, consistency findings shall be based on the requirements in Chapter 17.71 as well as the projects' consistency with the policies and goals of the General Plan.

(Ord. CS 932, § 3, 4-30-2012)

17.45.015 - Definitions.

A.

"Unclassified Area" means an area within the City that does not have a current General Plan or Zoning Code land use designation.

(Ord. CS 932, § 3, 4-30-2012)

17.45.020 - Conditional use permit required.

A Conditional Use Permit is required for any land use within an Unclassified Area. All applications for the use of land in an Unclassified Area shall include an application for a Conditional Use Permit in compliance with Section 17.71 of this Code.

(Ord. CS 932, § 3, 4-30-2012)

CHAPTER 17.49 - MINI-WAREHOUSES

17.49.010 - Purpose. ¶

Keeping the cost of housing down has meant going to smaller units, less storage areas, and no room to put excessive or seasonal goods. The proximity to Castle Air Force Base with a large number of personnel on temporary duty also creates a large need for small storage areas.

The following procedures and requirements have been established to create compatibility with surrounding properties, exterior appearance, landscaping, and screening, on-site parking and circulation, fire protection, public improvements, types of items that can be stored, and use limitation of the storage areas.

(Ord. CS 579, 1984)

17.49.020 - Definition of mini-warehouse. ¶

A mini-warehouse can be defined as, "a building or group of buildings in a controlled access and fenced compound that contains varying sizes of individual, compartmentalized, and controlled access stalls or lockers for the dead storage of customers goods or wares, mainly excess personal property."

Clients are mainly apartment or mobile home dwellers, transients, service clubs, and recently small commercial business owners. A use permit for mini-warehouses may be considered in industrial, highway related and general commercial zones, planned development with mixed uses and residential transition zones.

(Ord. CS 579, 1984; Ord. CS 1058, § 1, 2-27-2023)

17.49.030 - Use permit required. ¶

Any size of mini-warehouse development requires a use permit in the zoning districts listed in Section 17.49.020, except in the PD zone where it will be considered with the preliminary and final development plan.

(Ord. CS 579, 1984)

17.49.040 - Accessory uses. ¶

One office and one living unit for a manager and his family are permitted, and a full time live-in manager is required. At least five parking spaces need to be provided near the office.

(Ord. CS 579, 1984)

17.49.050 - Prohibited activities.

Mini-warehouses are intended for dead storage of personal goods only. All of the following uses shall be prohibited:

A.

Furniture, garage and junk sales.

B.

Auctions, any kind of retail activity.

C.

Automobile repair, and similar uses.

D.

Storage of hazardous or flammable materials.

E.

Cabinet making and similar manufacturing, whether it is for sale or for the storage renters personal use.

F.

No connection to utilities is permitted, no dumping of sewage or trash, no washing of laundry. No living in a stored RV or boat shall be permitted.

G.

Any activity the Planning Commission determines not to be compatible in a dead storage mini-warehouse.

(Ord. CS 579, 1984)

17.49.060 - Development standards.

A.

Grading, drainage and improvement plans to be approved by the City Engineer.

B.

Length of the storage building not to exceed 500 feet.

C.

One way traffic on aisles between the structures must have a minimum of 20 foot width, which is also used for loading and unloading. The driveway circulating around the property and connecting aisles shall have a minimum of 30 feet in width serving as a "collector street" and allowing two-way traffic.

D.

Ten percent of the property shall be landscaped including trees. A landscaped buffer is required at least in the setback of the exterior yards, by the entrance, along the property lines adjacent to residential uses, and other locations as determined by the Planning Commission.

E.

Building visible to the public should be faced with stucco or other building material subject to Planning Commission approval.

F.

Fencing must meet both public safety and aesthetic objectives. Wood fencing or other aesthetically pleasing materials should be required.

G.

Proper lighting should be considered throughout the development, shielded away from traffic on nearby streets and residential development.

H.

All items shall be stored inside an enclosed structure.

(Ord. CS 579, 1984)

17.49.070 - Exceptions.

A.

Disposal of abandoned property by owner/operator of storage business may be approved twice a year by Chief of Police.

B.

Recreational vehicles, automobiles, trucks and boats are permitted to be stored outside of a structure in a special designated area. Stall delineation and improvements to be approved by the Planning Commission.

C.

All storage buildings, except the office and living unit, shall be exempt from parking requirements elsewhere in this title.

(Ord. CS 579, 1984)

17.49.080 - Site plan and design review. ¶

Applicants proposing a mini-warehouse development shall supply site plans, landscaping and irrigation plans, grading, drainage, and improvement plans to the Planning Director for processing with the use permit.

(Ord. CS 579, 1984; Ord. CS 1059, § 1, 3-27-2023)

17.49.090 - Appeal. ¶

Any Planning Commission decision can be appealed in writing to the City Council within five working days.

(Ord. CS 579, 1984)

CHAPTER 17.50 - ADULT ENTERTAINMENT ZONING

17.50.010 - Purpose. ¶

It is the purpose and object of this chapter to establish reasonable and uniform regulations to prevent the concentration of adult entertainment businesses, as defined in Section 17.57.020, within the City.

(Prior Code § 10-3.2012(A); Ord. CS 394, § 1, 1979; Ord. CS 575, 1984)

17.50.020 - Definitions. ¶

For the purpose of this chapter certain terms and words are defined as follows:

A.

"Adult arcade" means an establishment where, for any form of consideration, one or more motion picture projectors, slide projectors or similar machines, for viewing by five or fewer persons each, are used to show films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas."

B.

"Adult bookstore" means an establishment which has as a substantial portion of its stock-in-trade and offers for sale for any form of consideration any one or more of the following:

1.

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides or other visual representations which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas;" or

2.

Instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities."

C.

"Adult cabaret" means a nightclub, bar, restaurant, or similar establishment which regularly features live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities," or films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas."

D.

"Adult motel" means a motel or similar establishment offering public accommodations for any form of consideration which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas."

E.

"Adult motion picture theater" means an establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas."

F.

"Adult theater" means a theater, concert hall, auditorium or similar establishment which, for any form of consideration, regularly features live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."

G.

"Establishment." As used in Section 17.50.030, the "establishment" of any adult entertainment business means and includes any of the following:

1.

The opening or commencement of any such business as a new business;

2.

The conversion of an existing business, whether or not an adult entertainment business, to any of the adult entertainment businesses defined in this section;

3.

The addition of any of the adult entertainment businesses defined in this section to any other existing adult entertainment business; or

4.

The relocation of any such business.

H.

"Massage parlor" means an establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment or manipulation is administered by other than a medical practitioner, chiropractor, acupuncturist, physical therapist or similar professional person licensed by the state. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa

or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.

I.

"Public park" means a park, playgrounds, swimming pool, beach, pier, reservoir, golf course or athletic field within the City.

J.

"Religious institution" means a building which is used primarily for religious worship and related religious activities.

K.

"School" means an institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school or any special institution of learning under the jurisdiction of the State Department of Education, but it does not include a vocational or professional institution or any institution of higher education, including a community or junior college, college or university.

L.

"Sexual encounter establishment" means an establishment, other than a hotel, motel or similar establishment offering public accommodations, which, for any form of consideration, provides a place where two or more persons may congregate, associate or consort in connection with "specified anatomical areas." This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the state engages in sexual therapy.

M.

Specified anatomical areas. As used in this chapter, "specified anatomical areas" means and includes any of the following:

1.

Less than completely and opaquely covered human genitals, anus or female breasts below a point immediately above the top of the areolae; or

2.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

N.

Specified sexual activities. As used in this chapter, "specified sexual activities" means and includes any of the following:

1.

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;

2.

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;

3.

Masturbation, actual or simulated; or

4.

Excretory functions as part of or in connection with any of the activities set forth in subdivisions 1 through 3 of this subsection.

O.

Substantial enlargement. As used in Section 17.50.030, of the "substantial enlargement" of an adult entertainment business means the increase in floor area occupied by the business by more than 50 percent as such floor area exists on the effective date of the ordinance codified in this chapter.

P.

Transfer of ownership or control. As used in Sections 17.50.030, 17.50.050, and 17.50.060, the "transfer of ownership or control" of an adult entertainment business means and includes any of the following:

1.

The sale, lease or sublease of such business;

2.

The transfer of securities which constitute a controlling interest in such business, whether by sale, exchange or similar means; or

3.

The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of such business, except for transfer by bequest or other operation of law upon the death of the person possessing such ownership or control.

(Prior Code § 10-3.2012(B); Ord. CS 394, § 1, 1979; Ord. CS 575, 1984)

17.50.030 - Prohibited locations. ¶

No person shall cause or permit the establishment, substantial enlargement or transfer of ownership or control of an adult arcade, adult bookstore, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor or sexual encounter establishment within 1,000 feet of another such business or

within 500 feet of any religious institution, school, public park, or an area zoned and used exclusively for residential purposes within the City.

(Prior Code § 10-3.2012(C); Ord. CS 394, § 1, 1979; Ord. CS 575, 1984)

17.50.040 - Measurement of distance. ¶

The distance between any two adult entertainment businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. The distance between any adult entertainment business and any religious institution, school or public park shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the adult entertainment business to the closest property line of the religious institution, school, public park or an area zoned and used exclusively for residential purposes within the City.

(Prior Code § 10-3.2012(D); Ord. CS 394, § 1, 1979; Ord. CS 575, 1984)

17.50.050 - Exceptions—Effect of transfer of ownership.

A person possessing ownership or control of an adult entertainment business which is within 1,000 feet of another such business or within 500 feet of any religious institution, school, public park, or an area zoned and used exclusively for residential purposes, on the effective date of this ordinance shall be required to discontinue said adult entertainment business within two years from the date of the transfer of ownership or control if such business continues to be within 1,000 feet of another such business or within 500 feet of any religious institution, school, public park, or an area zoned and used exclusively for residential purposes within the City.

(Prior Code § 10-3.2012(E)(1); Ord. CS 394, § 1, 1979; Ord. CS 575, 1984)

17.50.060 - Exceptions—Variance.

A person possessing ownership or control of an adult entertainment business shall be permitted to transfer such ownership or control if such business is not within 500 feet of any religious institution, school, public park, or an area zoned and used exclusively for residential purposes and the only adult entertainment business or businesses within 1,000 feet if such business has been established under a variance from the requirements of this chapter, pursuant to the variance provisions set forth in Chapter 17.74. This exception shall not, however, apply to an adult entertainment business which has been established under such a variance.

(Prior Code § 10-3.2012(E)(2); Ord. CS 394, § 1, 1979; Ord. CS 575, 1984)

CHAPTER 17.63 - PARKING REQUIREMENTS[[4]]

Footnotes:

--- ( 4 ) ---

Editor's note— Ord. CS 1071, § 4(Exh. C), adopted July 14, 2025, amended Ch. 17.63 in its entirety to read as herein set out. Former Ch. 17.63, §§ 17.63.010—17.63.110, pertained to similar subject matter, and

derived from prior Code §§ 10-3.1801—10-3.1809; Ord. CS 407, § 1, 1979; Ord. CS 598, 1985; Ord. CS 1059, § 1, adopted March 27, 2023; Ord. CS 1065, § 1(Exh. A), adopted August 14, 2023.

Cross reference— Parking requirements for commercial uses, § 17.43.060.

17.63.010 - Purpose. ¶

This chapter establishes off-street parking requirements in order to:

A.

Provide a sufficient number of off-street parking spaces for all land uses;

B.

Provide for functional off-street parking areas that are safe for vehicles and pedestrians;

C.

Ensure that parking areas are well-designed and contribute to high-quality design environment within Atwater;

D.

Allow for flexibility in off-street parking requirements to support a multi-modal transportation system and sustainable development pattern; and,

E.

Ensure that off-street parking areas do not adversely impact land uses on neighboring properties.

(Ord. CS 1071, § 4(Exh. C), 7-14-2025)

17.63.020 - Applicability. ¶

A.

New Structures and Uses. All new structures and uses shall comply with the standards in this chapter, including the amount of required off-street parking as specified in Table 17.63-1 (Off-Street Parking Requirements).

B.

Changes in Existing Structures and Uses.

1.

Additional parking shall be required for a change in use or any modification to an existing structure that results in an increase in the unit of measurement used to determine the amount of required off-street parking as specified in Table 17.63-1 (Off-Street Parking Requirements).

2.

Additional off-street parking shall be required only to accommodate the incremental change or expansion of the structure or use. Additional parking shall not be required to remedy parking deficiencies existing prior to the change to an existing structure or use.

3.

Additional parking for nonresidential uses is not required if the parking needed to accommodate the change is either:

a.

Two or fewer parking spaces; or,

b.

Ten percent or less of the total required off-street parking spaces for the use.

Table 17.63-1 Of-Street Parking Requirements	Table 17.63-1 Of-Street Parking Requirements
Land Uses	Number of Required Parking Spaces
RESIDENTIAL LAND USES
Caretaker's Home	1 per unit
Duplexes	1 per unit unless an exception is met in Note 1, below.
Group Homes and Facilities	1 per unit plus 1 per 300 sq. ft. of ofce and other nonresidential areas
Group Housing	1 per unit
Live/Work Units	1.75 per unit
Mobile Home Parks	1 per unit and 1 per ofce or employee
Multiple Family Dwellings/Condominiums	1.75 spaces per unit of 2 bedrooms or less up to 30 units and 1.5 spaces per unit thereafter, plus 0.5 spaces per additional bedroom over 2 in each unit and 1.0 spaces per additional full or partial bathroom over 3 in each unit
Residential Care Facilities, Small	1 per unit
Residential Care Facilities, Large (Includes Convalescent/Nursing Homes)	1 per 4 beds; plus 1 per 300 sq. ft. of ofce or 1 per employee, whichever is greater
Accessory Dwelling Units	One or more bedrooms: 1 per unit, unless an exception in AMC 17.28.010 F.7. is met.
Single Family Dwellings	2 per unit, however, if the lot is not located on a cul-de-sac and has less than 60-feet of frontage, then only 1 space is required
Single-Room Occupancy	1 per unit
Transitional/Supportive Housing	1 per 4 beds plus 1 per 300 sq. ft. of ofce and other nonresidential areas
PUBLIC AND QUASI-PUBLIC LAND USES
Cemeteries, Mausoleums, Funeral Parlors, and Mortuaries	1 per 5 fxed seats, or 1 per 35 sq. ft. of largest assembly area without fxed seats
Colleges and Trade Schools	1 per 100 sq. ft. of classroom area or 1 per employee, whichever is greater
Community Assembly	1 er 35 fxed seats or 1 er 60 s ft of assembl area for uses without fxed seats
---	---
Cultural Institutions	p . , p q. . y
Day Care Centers	1 per 400 sq. ft. of foor area used for daycare and 1 per employee
Day Care Home Facilities, Small (1—8 children)	1 per unit
Day Care Home Facilities, Large (9—14 children)	1 per unit plus 1 per employee
Drug Rehabilitation Center	1 per 6 beds plus 1 per 300 sq. ft. of ofce or other nonresidential foor area
Emergency Shelters	1 per 10 beds plus 1 per 300 sq. ft. of ofce or other nonresidential foor area
Government Ofces	1 per 300 sq. ft. of foor area
Hospitals	1 per bed up to 100 beds; 1 per 2 beds for up to next 100 beds; 1 per 4 beds thereafter
Medical Ofces and Clinics	1 per 200 sq. ft. of foor area
Public Safety Facilities	1 per 1,000 sq. ft. and 2 additional parking spaces for station vehicles
Schools, Public or Private	2 per classroom or 1 per employee, whichever is greater
Social Assistance Services	1 space per 300 square feet of foor area
COMMERCIAL LAND USES
Adult Entertainment Businesses	1 per 300 sq. ft. of foor area
Alcoholic Beverage Sales, Retail	1 per 250 sq. ft. of foor area
Animal Sales and Services	1 per 300 sq. ft. of foor area
Banks, Retail	1 per 250 sq. ft. of foor area or 1 per employee, whichever is greater
Bars and Nightclubs	1 per 100 sq. ft. of foor area or 1 per 50 sq. ft. of foor area used for dancing or 1 per 2.5 seats, whichever is greater
Bed and Breakfast	1 per bedroom plus 2 for owner plus 1 for each employee on largest shift
Building Supplies and Home Improvement Stores	1 per 400 sq. ft. of foor area
Business Support Services	1 per 500 sq. ft. of foor area
Card rooms/Gaming Establishments	1 per 2.5 seats
Check Cashing Establishments	1 per 250 sq. ft. of foor area
Drive-Through and Drive-Up Sales	1 per 350 sq. ft. of foor area
Equipment Sales and Rental	1 per 400 sq. ft. of foor area plus 1 per vehicle for sale or rent
Flea Market	1 per 300 sq. ft. of display/sales area or 1 per booth, whichever is greater
Food and Beverage Sales	1 per 250 sq. ft. of foor area
Furniture and Appliance Stores	1 per 600 sq. ft. of foor area plus 1 per vehicle used in the conduct of business
Gas and Service Stations	3 spaces plus 1 per 250 sq. ft. of retail sales area
Hotels and Motels	1 per sleeping unit or suite up to 100 units, 1 per each 2 units for each unit thereafter
Mobile Home Sales	1 per 400 sq. ft. of foor area, but in no case less than 6 spaces, plus 1 for each mobile home for sale
Mobile Vending	2 per motorized coach, none required for pushcarts
---	---
Ofce, Professional	1 per 250 sq. ft. of foor area
Pawn Shops	1 per 300 sq. ft. of foor area
Personal Services	1 per 250 sq. ft. of foor area or 1 per employee, whichever is greater
Restaurant, Full Service	1 per 100 sq. ft. of foor seating area or 1 for each 2.5 seats, whichever is greater
Restaurant, Limited Service
Retail, General	1 per 300 sq. ft. of foor area
Vehicle Sales and Rental
Vehicle Parts and Accessories Sales	1 per 400 sq. ft. of foor area; for outdoor vehicle sales lots, 3 per lot
Vehicle Repair and Maintenance
INDUSTRIAL LAND USES
Contractors' Facilities	1 per 500 sq. ft. of foor area
Maintenance and Repair Services
Manufacturing and Processing, General	1 per 1,000 sq. ft. of foor area or 1 per 2 employees on the largest shift, whichever is
Manufacturing and Processing, Heavy	greater; and 1 per vehicle used in the conduct of business
Manufacturing and Processing, Light
Public/Mini Storage	1 per 50 storage units or 5 spaces, whichever is greater
Recycling Collection or Processing Facilities	1 per 1,000 sq. ft. of foor area
Research and Development	1 per 1,000 sq. ft. of foor area or 1 per 2 employees on the largest shift, whichever is greater; and 1 per vehicle used in the conduct of business
Warehousing, Wholesaling and Distribution	1 per 2,000 sq. ft. of foor area or 1 per 2 employees on the largest shift, whichever is greater
RECREATIONAL LAND USES
Commercial Recreation, Indoor	1 per 3.5 fxed seats or 1 per 300 sq. ft. of foor area used by customers, whichever is greater

Table 17.63-1 Of-Street Parking Requirements	Table 17.63-1 Of-Street Parking Requirements
Commercial Recreation, Outdoor	1 per 3.5 fxed seats or 1 per 400 sq. ft. of foor area used by customers, whichever is greater
Golf Courses	3 per hole plus 1 per 300 sq. ft. of ofce or other retail area
Parks and Recreational Facilities	25 per ball feld plus 5 spaces per acre of active recreational area
Sports Stadium or Arenas or Theaters	1 per 4 seats or 1 per 50 sq. ft. of foor area if no fxed seats
AGRICULTURE AND NATURAL RESOURCES LAND USE
Agricultural Processing, On-Site	1 per 1,000 sq. ft. of foor area for all habitable buildings associated with the use, or 1 per each 2 employees on the largest shift, whichever greater
Animal Processing, On-Site
TRANSPORTATION, COMMUNICATIONS,	AND UTILITIES LAND USES
Airports and Heliports	1 per 500 sq. ft. of foor area of enclosed passenger terminal area
Freight Terminals	1 per 2,000 sq. ft. of foor area
Parking Facilities	1 per 300 sq. ft. of foor area used by employees or 1 per employee whichever is greater
---	---
Utilities, Major	1 per 300 sq ft of ofce area plus 1 per vehicle required to service each facilit
Utilities, Minor	. . , y
Wireless Communications Facilities	1 per 300 sq. ft. of foor area for habitable buildings

Note 1: For duplexes, no parking may be required if either of the following is true:

a.

The parcel is located within one-half mile walking distance of either a high-quality transit corridor as defined in Subsection (b) of Section 21155 of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code; or

b.

There is a car share vehicle located within one block of the parcel.

(Ord. CS 1071, § 4(Exh. C), 7-14-2025)

17.63.030 - Required parking spaces.

A.

Number of Spaces. All land uses shall provide a minimum number of off-street parking spaces as specified in Table 17.63-1 (Off-Street Parking Requirements), except as provided in Section 17.63.050 (Parking Reductions).

Unlisted Uses.

1.

The Community Development Director shall determine the minimum number of required off-street parking spaces for land uses not listed in Table 17.63-1 based on the requirements for the most comparable use in this chapter or an analysis of parking requirements for similar uses in other jurisdictions or state or national standards.

2.

Off-street parking requirements for unlisted land uses shall be based on the parking requirements of similar uses in Table 17.63-1.

The Community Development Director may require the preparation of a parking demand study at the expense of the applicant to determine the parking requirement for unlisted uses.

C.

Mixed or Multiple Uses. When more than one land use is conducted on a parcel, the minimum number of required off-street parking spaces shall be the sum of the number of parking spaces required for each individual use.

D.

Unknown Uses.

1.

The Community Development Director shall determine the minimum number of required off-street parking spaces for nonresidential "shell" structures with no identified tenants.

2.

Off-street parking requirements for nonresidential "shell" structures shall be based on anticipated tenants for the structures, as determined by the Community Development Director.

E. Units of Measurement.

1.

For the purpose of this chapter, "floor area," in the case of offices, merchandising or service types of uses, means the gross floor area used or intended to be used by tenants, or for service to the public as customers, patrons, clients, or patients, including areas occupied by fixtures and equipment used for display or sale or merchandise. It shall not include areas used principally for nonpublic purposes such as incidental repair, processing or packaging of merchandise, for show windows, for restrooms, for utilities, or for dressing rooms, fitting rooms, or alteration rooms. Unless additional information is provided by the applicant, these "non-public areas" will be assumed to be 15 percent of the total gross floor area and will not be used in calculating floor area for parking purposes.

2.

In indoor or outdoor places of assembly in which spectators or patrons occupy benches, pews, or other similar seating facilities, each 20 inches of such seating facilities shall be counted as one seat for the purpose of determining off-street parking facilities.

3.

When units of measurements determining the number of required parking spaces result in requirements of a fractional space, fractions of spaces over one-half shall be rounded up to the next whole number.

Conforming Status. Structures or uses established prior to the effective date of the zoning ordinance shall not be deemed nonconforming by reason of providing fewer off-street parking spaces than required by Table 17.63-1. However, no such structure or use may further reduce the number of provided off-street parking spaces below the requirements of this chapter.

G.

Additional Required Parking. The planning commission may require more off-street parking than required by Table 17.63-1 if the commission determines that additional parking is needed to serve the proposed use and to minimize adverse impacts on neighboring properties.

(Ord. CS 1071, § 4(Exh. C), 7-14-2025)

17.63.040 - General requirements.

A.

Availability and Use of Spaces.

1.

Required parking spaces shall be permanently available and maintained for parking purposes for the use they are intended to serve.

2.

Owners, lessees, tenants, or persons having control of the operation of a use for which parking spaces are required shall not prevent or restrict authorized persons from using these spaces.

3.

Required parking spaces shall be used exclusively for the temporary parking of vehicles and shall not be used for the sale, lease, display, repair, advertising, or storage of vehicles, trailers, boats, campers, mobile homes, merchandise, or equipment, or for any other use not authorized by the zoning ordinance.

B.

Location of Parking.

1.

Required parking spaces shall be located on the same lot as the use they are intended to serve, except as allowed by subsection C below.

2.

When the required off-street parking for a one-family or two-family structure in any residential zone is not to be provided in a covered garage or carport, each required car space shall be so located that it may later be covered by a garage or carport structure in accordance with the provisions of this chapter.

Off-Site Parking.

1.

For multi-family housing and nonresidential uses, the review authority may approve off-site parking if it finds that practical difficulties prevent the parking from being located on the same lot it is intended to serve.

2.

Off-site parking shall be located within 400 feet of the use it is intended to serve or another reasonable distance as determined by the review authority.

3.

If off-site parking is approved, a covenant record, approved by the City Attorney, shall be filed with the county recorder. The covenant record shall require the owner of the property where the off-site parking is located to continue to maintain the parking space so long as the building, structure, or improvement is maintained within the City. This covenant shall stipulate that the title and right to use the spaces shall not be subject to multiple covenants or contracts for use, or termination, without prior written consent of the City.

D.

Parking for Persons with Disabilities.

1.

Parking spaces for persons with disabilities shall be provided in compliance with California Code of Regulations Title 24.

2.

Parking spaces required for the disabled shall count toward compliance with the number of parking spaces required by Table 17.63-1.

(Ord. CS 1071, § 4(Exh. C), 7-14-2025)

17.63.050 - Parking reductions. ¶

The minimum number of required off-street parking spaces as specified in Table 17.63-1 may be reduced as described below. The various reductions in this Section 17.63.050 are mutually exclusive and may not be combined. Projects eligible for multiple reduction types may only apply the single, greater reduction.

A.

Shared Parking. Multiple land uses on a single parcel or development site may use shared parking facilities when operations for the land uses are not normally conducted during the same hours, or when hours of peak use differ. Requests for the use of shared parking may be approved if:

A parking demand study approved by the Community Development Director demonstrates that there will be no substantial conflicts between the land uses' principal hours of operation and periods of peak parking demand;

2.

The total number of parking spaces required for the land uses does not exceed the number of parking spaces anticipated at periods of maximum use;

3.

The proposed shared parking facility is located no further than 400 feet from the primary entrance of the land use which it serves; and,

4.

A covenant record as described in Section 17.63.040.C.3 shall be recorded.

B.

Common Parking Facilities. Common parking facilities, public or private, may be provided in lieu of the individual requirements contained in this chapter, provided, the total of such off-street parking facilities, when used together, shall not be less than the sum of the various uses computed separately. Such common facilities shall be approved by the planning commission with a conditional use permit, and the planning commission may grant a reduction in the total required parking for the uses by no more than 15 percent.

C.

Low Demand. The number of parking spaces may be reduced if the land use will not utilize the required number of spaces due to the nature of the specific use, as demonstrated by a parking demand study approved by the Community Development Director.

D.

Transportation Demand Management Plan. The number of parking spaces may be reduced by the Community Development Director up to 20 percent if the project applicant prepares a transportation demand management plan which demonstrates a reduction in the demand for off-street parking spaces by encouraging the use of transit, ridesharing, biking, walking, or travel outside of peak hours.

E.

Bus Stop/Transportation Facility Credit. The number of parking spaces may be reduced by up to five percent for commercial or multiple-family development projects within 400 feet of a City-approved bus stop. Alternatively, if a commercial or multiple-family development project is located within 400 feet of a transit center, the project may reduce parking spaces by up to ten percent.

F.

Mixed-Use Projects. A mixed-use project with commercial and residential units may reduce parking requirements by up to 30 percent as demonstrated by a parking demand analysis approved by the Community Development Director.

(Ord. CS 1071, § 4(Exh. C), 7-14-2025)

17.63.060 - Parking assessment districts. ¶

If a parking assessment district has been established, a fee may be paid to the City in lieu of providing required off-street parking within the district.

A.

Exception for Parking Districts. Property located within a district in which special assessments have been or are to be levied for providing public off-street parking shall not be required to provide off-street parking facilities for the ground floor of any such structure.

B.

Special Assessment Financing.

1.

In any special assessment proceedings for financing the cost of public off-street parking facilities, any improved property shall be granted a credit against the assessment to be levied, in such ratio as the City Council shall determine, for any improved customer, owner, tenant or employee parking spaces or reasonable access areas.

2.

In determining the amount of assessment credit, the area of credit shall be improved in accordance with this code. If not so improved at the time of granting the credit, the owner shall cause the area to be so improved within 60 days thereafter, or otherwise the credit shall be removed. A parking space is defined as an area of eight and one-half by 20 feet in dimension. The determination of the City Council as to the amount of "reasonable access" shall be final.

3.

Areas used for parking of delivery vehicles or other commercial or industrial vehicles, and open areas used for storage or otherwise in the operation of the business, shall not be included in any area of credit. Any area for which a credit for parking is granted shall remain subject to the requirements of this chapter for providing off-street parking.

C.

In-lieu Parking Fee. In lieu of providing off-street parking within a special assessment parking district, an owner may pay to the City a sum equal to $1,200.00 per parking space, which money shall be deposited in a special fund and used for providing, improving or maintaining off-street parking facilities in said district.

Additions to Parking Districts.

1.

Each owner of a property not included within a district in which special assessments are levied for providing public off-street parking, but within 400 feet of a public parking lot located within such a district, may pay a participation fee to defray the cost of providing required off-street public parking facilities, in exchange for the benefits and the responsibilities of inclusion in said district. Upon payment of the participation fee as provided in Section 17.63.060.D.2 and continuing payment of assessments imposed by the district, the owner of the subject property shall not be required to provide off-street parking facilities for the ground floor of any structure on the property, and may also pay in-lieu parking fees as provided in Section 17.63.060.C.

2.

The participation fee shall be deposited in a special fund and used for providing, improving, or maintaining off-street parking facilities in said district. The amount of participation fee shall be computed as follows:

a.

Participation fee = (Basic Charge + Cost Index)

b.

"Basic charge" is $0.90 per square foot of the subject property, and $245.00 per front foot of the subject property, measured as the subject property's frontage along the public right-of-way with the highest traffic volume.

c.

"Cost index" is the most current cost index (calculated on an annual basis based on the previous year's Consumer Price Index, All Urban Consumers, published by the U.S. Department of Labor), multiplied by the total square foot and front foot of the subject property. In the event of discontinuation of such index, the index most closely resembling said index.

(Ord. CS 1071, § 4(Exh. C), 7-14-2025)

17.63.070 - Parking design and development standards.

A.

Dimensions. The minimum required dimensions for off-street parking spaces shall conform to the latest edition of the City's Standard Designs of Common Engineering Structures.

B.

Compact Spaces.

A maximum of 25 percent of required off-street parking spaces may be compact spaces.

2.

All parking spaces for compact cars shall be clearly marked with the word "Compact" either on the wheel stop or curb, or on the pavement at the opening of the space.

C.

Parking Access. The required dimensions for driveways providing access to off-street parking spaces shall conform to the latest edition of the City's Standard Designs of Common Engineering Structures.

Figure 17.63-1. Example of 90-Degree Parking Space Dimensions

==> picture [264 x 125] intentionally omitted <==

D.

Surfacing.

1.

All permanent parking spaces and drive aisles shall be paved with asphalt, concrete or other all-weather surface per the latest edition of the City's Standard Designs of Common Engineering Structures.

2.

Permeable paving materials, such as porous concrete/asphalt, open-jointed pavers, and turf grids, are a permitted surface material, subject to approval by the City Engineer.

E.

Tandem Parking Spaces. Tandem parking spaces may be permitted for all residential land uses, provided that they comply with the following standards:

1.

Parking spaces in a tandem configuration shall be reserved for and assigned to a single dwelling unit.

2.

All required guest parking shall be provided as single, non-tandem parking spaces.

Tandem parking spaces shall not block the use of the drive aisle to access other parking spaces located within the parking area.

4.

Tandem parking spaces shall be used to accommodate passenger vehicles only.

Landscaping.

1.

General Standards. All landscaping within parking areas shall comply with the requirements of Chapter 8.34 (Landscape Maintenance) in addition to the standards within this section.

2.

Landscaping Defined. Except as otherwise specified in this section, landscaping and landscaped areas shall consist of drought-tolerant plant materials, including any combination of trees, shrubs, and ground cover.

3.

Parking Lot Standards. As illustrated in Figure 17.63-2 (Parking Lot Landscaping Standards), the following landscaping standards, as well as the standards in the City's Standard Designs of Common Engineering Structures, shall apply to parking lots containing six or more parking spaces. All landscape areas shall have an irrigation system.

Figure 17.63-2. Parking Lot Landscaping Standards

==> picture [360 x 186] intentionally omitted <==

a.

Interior Landscaping. All areas within a parking lot not utilized for parking spaces or access/circulation shall be landscaped with plantings with drought-tolerant, non-invasive species.

Shade Trees.

(1)

One shade tree shall be provided for every six parking spaces, or portion thereof, in a parking lot in addition to street trees.

(2)

Shade trees shall be a minimum 15 gallon box in size and shall provide a minimum 30-foot canopy at maturity.

(3)

Shade trees shall be of a type that can reach maturity within 15 years of planting and shall be selected from a city-approved list of canopy tree species suitable for the valley climate.

(4)

Shade trees shall be arranged in a parking lot to provide maximum shade coverage (based on a 30-foot canopy) on August 21. The arrangement should approximate nearly 50 percent shade coverage at noon on August 21 within 15 years of planting.

(5)

The above standards may be modified at the discretion of the review authority if alternative shade structures (including solar carports) are provided. Design standards for such shade structures shall be subject to approval by the review authority.

4.

Concrete Curbs.

a.

All landscape areas shall be separated from parking spaces, drive aisles and driveways by a raised concrete curb. Raised concrete curbs shall be a minimum of six inches high by six inches deep.

b.

The City may approve alternatives to raised concrete curbs as needed to comply with any mandatory storm water drainage standards.

5.

Parking Space Landscaping. A maximum of two feet at the front end of a parking space may be landscaped in lieu of paving surface.

6.

Timing. Landscaping shall be installed prior to the City's authorization to occupy any buildings served by the parking area, or prior to the final inspection for the parking lot, unless otherwise approved by the Community Development Director.

G. Lighting.

1.

A parking area with six or more parking spaces shall include outdoor lighting that provides a minimum illumination of 1.0 foot candles over the entire parking area or as otherwise required by the building code.

2.

Outdoor lighting as required by Subsection G.1 above shall be provided during nighttime business hours.

3.

All parking space area lighting shall be energy efficient and designed so that any glare or spillage is directed away from residential properties.

4.

All fixtures shall be hooded.

H.

Pedestrian Access. Parking lots shall include pedestrian walkways in compliance with American with Disabilities Act (ADA) requirements and the California Building Code.

I.

Screening. Parking lots of six spaces or more shall comply with the following screening standards, unless otherwise approved by the review authority.

1.

Location. Screening with a minimum width of five feet shall be provided along the perimeter of parking lots fronting a public or private street or abutting a residential zone.

2.

Height.

a.

Screening adjacent to streets shall have a minimum height of two and one-half feet.

b.

Screening abutting a residential zoning district shall have a minimum height of six feet, except in required setback areas, where the minimum height shall be four feet.

c.

Commercial parking lots abutting residential zoning districts shall have a solid wall with a minimum height of six feet.

3.

Materials. Required screening may consist of one or more of the following materials:

a.

Low-profile walls constructed of brick, stone, stucco or other durable material with graffiti-proof coating materials or landscaping/vines.

b.

Evergreen plants that form an opaque screen.

c.

An open fence combined with landscaping to form an opaque screen.

d.

A berm landscaped with ground cover, shrubs, or trees.

(Ord. CS 1071, § 4(Exh. C), 7-14-2025)

17.63.080 - Bicycle parking. ¶

A.

Applicability. All multi-family and nonresidential land uses shall provide bicycle parking as specified in this section and in accordance with Sections 17.63.020 (Applicability) and 17.63.030 (Required Parking Spaces), except for the following uses:

1.

Gas and service stations

2.

Maintenance and repair services

3.

Vehicle repair

Vehicle sales and rental

5.

Wholesaling

6.

Construction and material yards

7.

Warehousing and distribution

8.

Other similar uses as determined by the Community Development Director.

B.

Types of Bicycle Parking.

1.

Short-Term/Class II Bicycle Parking. Short-term/Class II bicycle parking provides shoppers, customers, and other visitors who generally park for two hours or less a convenient and readily accessible place to park bicycles.

2.

Long-Term/Class I Bicycle Parking. Long-term/Class I bicycle parking provides employees, residents, visitors and others who generally stay at a site for several hours a secure and weather-protected place to park bicycles.

C.

Bicycle Parking Spaces Required. The number of required bicycle parking spaces shall be as specified in Table 17.63-4 (Required Bicycle Parking Spaces).

Table 17.63-4 Required Bicycle Parking Spaces

Table 17.63-4 Required Bicycle Parking Spaces	Table 17.63-4 Required Bicycle Parking Spaces	Table 17.63-4 Required Bicycle Parking Spaces
Land Use	Required Bicycle Parking Spaces
	Short-Term Spaces	Long-Term Spaces
Multi-Family Dwellings of 6 units or more, Group Housing, and Single Room Occupancy	10% of required automobile parking spaces; minimum of 2 spaces	For uses 10 units or greater: 1 per 10 units, minimum of 2 spaces
Non-Residential Uses	8% of required automobile spaces, minimum of 2 spaces	For uses 20,000 sq. ft. or greater: 5% of required automobile spaces, minimum of 2 spaces

D.

Short-Term/Class II Bicycle Parking Standards. Short-term bicycle parking shall be located within 100 feet of the primary entrance of the structure or use it is intended to serve and be readily visible to passers-by.

E.

Long-Term Bicycle Parking Standards. The following standards shall be recommended, but not required, for long-term bicycle parking:

1.

Location. Long-term bicycle parking shall be located in highly visible, well-lighted areas that are convenient to the street and users.

2.

Cover. A minimum of 75 percent of required long-term bicycle parking spaces shall be covered.

3.

Parking Facilities. Long-term bicycle parking spaces must be secure and may include:

a.

Covered, lockable enclosures with permanently anchored racks for bicycles; or,

b.

Lockable bicycle rooms or areas with permanently anchored racks; or,

c.

Lockable, permanently anchored bicycle lockers.

F.

Parking Space Dimensions.

1.

Minimum dimensions of two feet by six feet shall be provided for each bicycle parking space (illustrated in Figure 17.63-3).

2.

An aisle of at least five feet shall be provided behind all bicycle parking to allow room for maneuvering.

3.

Two feet of clearance shall be provided between bicycle parking spaces and adjacent walls, polls, landscaping, pedestrian paths, and other similar features.

4.

Four feet of clearance shall be provided between bicycle parking spaces and adjacent automobile parking spaces and drive aisles.

G.

Rack Design. Bicycle racks must be capable of locking both the wheels (one wheel with a U-type lock), providing at least two points of contact with the frame of the bicycle, and supporting bicycles in an upright position. "Inverted U" bicycle racks are highly recommended.

H.

Cover. Required cover for bicycle parking spaces shall be permanent, designed to protect the bicycle from sun and rainfall, and be at least seven feet above the floor or ground.

Figure 17.63-3. Short-Term/Class II Bicycle Parking Dimensions

==> picture [300 x 219] intentionally omitted <==

(Ord. CS 1071, § 4(Exh. C), 7-14-2025)

17.63.090 - Off-street loading.

A.

Applicability. All retail, restaurant, hotel, warehousing, manufacturing, hospitals, laundry, and similar uses that involve the frequent receipt or delivery of materials or merchandise shall provide off-street loading spaces consistent with the requirements of this section.

B.

Number of Loading Spaces. The minimum number of required loading spaces shall be as specified in Table 17.63-5 (Required Loading Spaces).

Table 17.63-5 Required Loading Spaces

Total Gross Floor Area	Required Loading Spaces
Less than 5,000 sq. ft.	None
5,000 to 25,000 sq. ft.	1
Greater than 25,000 sq. ft.	2 plus 1 per each additional 20,000 sq. ft.

Figure 17.63-4. Off-Street Loading

==> picture [300 x 231] intentionally omitted <==

Location.

1.

Required loading spaces shall be located on the same lot as the use they are intended to serve.

2.

A formal agreement among property owners shall be required and recorded if an immediately adjacent lot is used as required loading spaces.

3.

No loading space shall be located closer than 50 feet to a residential zone, unless the loading space is wholly enclosed within a building or screened by a solid wall not less than eight feet in height.

Dimensions.

Each loading space shall have minimum dimensions of ten feet wide, 35 feet long, and 14 feet in vertical clearance.

2.

Deviations from the minimum dimensions standards may be approved by the Community Development Director if the spatial needs are less than the minimum required due to the truck size and type that will be utilized in the operation of a specific business.

E.

Design and Configuration.

1.

Loading spaces shall be configured to ensure that loading and unloading takes place on-site and not within adjacent public rights-of-way.

2.

Sufficient maneuvering area shall be provided for loading spaces so that vehicles may enter and exit an abutting street in a forward direction.

3.

Loading spaces and their associated maneuvering areas shall not encroach into required employee or visitor parking areas or other on-site areas required for vehicle circulation.

4.

Loading spaces shall be striped and clearly identified as for loading purposes only.

(Ord. CS 1071, § 4(Exh. C), 7-14-2025)

CHAPTER 17.66 - CERTIFICATE OF OCCUPANCY

17.66.010 - Use prohibited until certificate issued by building department. ¶

In other than residential areas, no vacant land shall be occupied or used and no building hereafter erected, or altered, shall be occupied or used until a certificate of occupancy has been issued by the building department.

(Prior Code § 10-3.2101)

17.66.020 - Application for certificate for new building. ¶

Certificates of occupancy for a new building, or the enlargement or alteration of an existing building, shall be applied for coincidentally with the application for a building permit and shall be issued within ten days after the erection or alteration of such building has been completed in conformity with the provisions of these regulations.

(Prior Code § 10-3.2102)

17.66.030 - Certificates for use of vacant land. ¶

Certificates of occupancy for the use of vacant land, or the change in the use of land as herein provided, shall be applied for before any such land is occupied or used for any purpose except that of tilling the soil and the growing therein of farm, garden or orchard products in a properly zoned agricultural district. A certificate of occupancy shall be issued within ten days after the application has been made, provided such use is in conformity with the provisions of these regulations.

(Prior Code § 10-3.2103)

17.66.040 - Compliance with regulations—Fees. ¶

Certificates of occupancy shall state that the buildings, or the proposed use of a building or land, complies with all the building and health laws and ordinances and with the provisions of this title. A record of all certificates shall be kept on file in the office of the building department, and copies shall be furnished, upon request, to any person having a proprietary or tenancy interest in the building or land affected. No fee shall be charged for an original certificate applied for coincidentally with the application for building permit; for all other certificates or for copies of any original certificates there shall be a charge of $2.00 each.

(Prior Code § 10-3.2104)

CHAPTER 17.69 - SIGN REGULATIONS

17.69.020 - Purpose. ¶

The City acknowledges the right of business to advertise and recognizes that signs are a significant part of the City's streetscape. However, the City also recognizes it is important to regulate their appearance, number, location, and construction to protect the public health, safety, and welfare; to protect the property values of both business and private citizens; and to preserve an attractive City environment. The objectives of this ordinance are to provide an orderly and consistent method for regulating the City's signs while implementing General Plan policies which encourage beautifying the City's streetscape and its major traffic corridors.

(Prior Code § 17.69.010; Ord. CS 711, 1994)

17.69.040 - Applicability. ¶

Except as otherwise provided in this chapter, it is unlawful for any person to erect, locate, alter or relocate within the City any sign without first obtaining a sign permit or a building permit from the building inspector and paying the required fees.

(Ord. CS 711, 1994; Ord. CS 744, 10-13-1997)

17.69.050 - Definitions. ¶

Sign. Any device, letter, figure, design, symbol, trademark, illuminating device or display intended to attract attention to an person, place, subject, firm, occupation, public performance, article, machine, or

merchandise whatsoever and painted, printed, or constructed and displayed in any manner whatsoever for recognized advertising.

A.

Area of Sign. That area enclosed by one continuous line, connecting the extreme points or edges of a sign. The area shall be determined using the largest sign area or silhouette visible at any one time form any one point. This sign area excludes the main supporting sign structure, but all other ornamented attachments and inner connecting links which are not a part of the main supports of the sign are included in determining sign area.

1.

On a two-sided sign, both sides shall be computed to determine the total sign area.

2.

To compute the area of a sign in square footage, standard mathematical formulas shall be used.

B.

Animated Sign. A sign or device design to attract attention by visual means through the movement or semblance of movement of whole or part of the sign.

C.

Awning Sign. Any sign painted, stained, sketched, or sewn onto the exterior of an awning. Letters to be a maximum of 18 inches.

D.

Bench Sign. A sign located on any part of the surface of a bench or seat placed on or adjacent to a public right-of-way.

E.

Building Frontage. The vertical and horizontal outer surface of the wall of a building which directly fronts onto a public right-of-way or a public street that is used to calculate allowable signing.

F.

Bulletin Board. A sign used to announce a coming event or attraction or used to convey a specific message related to the building or use of the property to be viewed by the public or form a public right-of-way.

G.

Business Identification Signs. A sign limited to the name of a tenant, type of business or registered logo of the tenant or business.

H.

Copy Area of Sign. Actual area of the sign copy applied to any background.

I.

Changeable Copy Sign. A sign whether freestanding, wall, marquee, or projecting that has a changeable copy.

J.

Canopy. The portion of a roof of a building or a fixed overhead shelter used as a roof which may or may not be attached to a building or which does not encroach into nor overhang a public street or alley right-of-way.

K.

Canopy Sign. A sign attached to or hung from a canopy and:

1.

Is mounted in a vertical plane.

2.

Is mounted parallel to the leading edge of a canopy, except an under canopy sign, which may be mounted at an angle to the leading edge of a canopy.

L.

Clip Board. A temporary changeable promotional sign attached to permanent frame on a wall of a building. The sign is calculated in the permitted sign area.

3.

Does not project above the top of the canopy when mounted on a canopy with a slope of 45 degrees or steeper which may be mounted anywhere on the slope.

4.

Does not project above the leading edge of the canopy when mounted on a canopy with a slope flatter than 45 degrees.

5.

On a flat canopy (no slope), projects above the top of the canopy but does not project higher than the wall of the building to which the canopy is attached.

M.

Commercial Center. Two or more buildings, collectively, containing a minimum of 5,000 square feet of building area located on one or more contiguous parcels which utilize common off-street parking and access.

N.

Construction Sign. A sign with the names of the architect, engineer, contractor, subcontractor and/or financing institutions of buildings or structures under construction which is located on the construction site premises.

O.

Directional Sign. Freestanding or wall signs used to guide or direct pedestrian or vehicular movement.

P.

Directory Sign. A sign that includes the names and location of businesses, firms, offices, residential complexes or establishments but does not otherwise promote or advertise a project.

Q.

Electronic Message Board. A sign capable of displaying words, symbols, figures, or images that can be electronically or mechanically changed by remote or automatic means. The duration of a message shall be displayed for a period no less than 20 seconds. The transition from one message to another shall be instantaneous as perceived from the human eye and each electronic message board message shall be complete in itself and shall not continue by fading, scrolling, or other manner to a subsequent message. No electronic message board shall display animated messages, including flashing, blinking, fading, rolling, dissolving, or any other effect that gives the appearance of movement. No electronic message board shall include or emit an audio message. Electronic message boards shall be limited to locations which front a designated arterial or collector roadway. Electronic message boards shall be subject to approval through a conditional use permit.

R.

Freestanding Sign. A sign detached from any building or structure that is supported by one or more uprights, poles or other supports and is permanently affixed to the ground.

S.

Fascia. The flat horizontal band or face of a roof that is located above the exterior wall.

T.

Garage Sale Sign. A sign used to advertise the sale of used or secondhand goods or merchandise at dwellings on residentially zoned property. Such sales are also identified as patio sales, yard sales, etc.

U.

Height. The vertical distance from the top of the curb of a street, ground level or the finished grade to the highest point of the sign.

V.

Marquee. A permanent roofed structure which may or may not be attached to a building which projects into or overhangs a public street or alley right-of-way.

W.

Marquee Sign. A sign attached to or hung from a marquee and:

1.

Is mounted on a vertical plane.

2.

Is mounted parallel to the leading edge of a marquee, except an under marquee sign which may be mounted at an angle to the leading edge of a marquee.

3.

Does not project higher than the fascia of the marquee to which it is attached.

X.

Menu Sign. A sign used to display food products and prices at fast food establishments and may be either freestanding or wall sign.

Y.

Monument Sign. A free-standing sign mounted on a solid base and placed at grade level. The monument sign may have multiple sides but shall not exceed the maximum height and/or area regulations as are adopted for each zone district.

Z.

Name Plate (Plaque). A sign not exceeding four square feet which contains the name of an occupant, a building, a room number or a suite number and may include a directional arrow with the words "Entrance" or "Exit."

AA.

Noncommercial Sign. Any sign which does not direct attention to a business, profession, product, commodity or mercantile-oriented service. This includes but is not limited to any sign expressing personal, political, religious, social message, idea or point of view.

BB.

Off-Premise Sign. Any sign that directs attention to a business, profession, product, commodity, or mercantile-orientated service that is not the primary business, profession, product, commodity or mercantile-orientated service sold, manufactured, conducted, or offered on the site on which the sign is located.

CC.

On-Premise Sign. A sign which advertises or directs attention to goods, services, facilities, events or attractions available on the premises where located or identifies the owner or occupant or directs traffic on the premise. All other signs are off-premise signs.

DD.

Open House Sign. A sign with the words "Open House" and may include an arrow or other directional symbol and real estate office name.

EE.

Political Sign. Any temporary sign or advertising device or display with or without letters, words, numbers, or figures thereon, which is designed to advertise a candidate for political office, a political party or a measure scheduled for an election.

FF.

Portable Sign. Any sign that is not permanently attached to the ground or a structure or is designed to be transported.

GG.

Projecting Sign. Any sign attached to and projecting from face of a wall, canopy, or marquee or any sign mounted on a canopy roof with a slope flatter than a 45-degree angle.

HH.

Real Estate Sign. Shall include For Sale, For Rent, and Open House directional signs which identify the firm's name, address, phone number, and contact person.

II.

Ridgeline. Shall mean the highest point of the roof, the top of a parapet, or the top of the wall of a building.

JJ.

Roof Sign. A sign that is placed above the ridgeline of a building, canopy, or other structure.

KK.

Scenic Corridors. Arterial streets designated in the City's General Plan as having significant scenic and aesthetic value and are subject to specific design, location, height and landscaping requirements. The scenic corridors are Atwater Boulevard, First Street, Bellevue Road, Shaffer Road, Winton Way, Buhach Road, Broadway from Winton Way to First Street, and Third Street from Atwater Boulevard to Grove Avenue.

LL.

Street Frontage. Shall mean the wall of a building or structure which has frontage on a public street, parking lot, walkway or mall. The street frontage which is determined to have the highest traffic volume.

MM.

Subdivision Sign. A sign indicating the name of a recorded subdivision, the name of a contractor or subdivider, the name of the owner or agent and/or giving information regarding directions, price and/or terms.

NN.

Temporary Outdoor Promotional Sign. Any banner, pennant, valance, balloon, streamer, or similar sign or advertising device or display with or without words, number, or figures which directs or promotes service or price, or which is otherwise designed to attract attention.

OO.

Temporary Window Sign. A sign located on the inside of a window which display temporary pricing or promotional information.

PP.

Tenant Identification Sign. A sign or plaque that is mounted on the building and used to identify the building's name or tenants.

QQ.

Time and Temperature Sign. Signs showing digital changes in time and temperature, both centigrade and Fahrenheit and not occurring more frequently than at five second intervals.

RR.

Wall Sign. Any sign attached to or erected against the wall of a building or structure with the exposed face of the sign in a place approximately parallel to the plane of the wall.

SS.

Window Sign. A sign permanently displayed on the inside of a window or painted on a window and having a street frontage.

(Prior Code § 10-5.101; Ord. CS 711, 1994; Ord. CS 744, 10-13-1997; Ord. CS 791, 3-12-2001; Ord. CS 925, § 1, 2-13-2012)

17.69.060 - Approvals. ¶

A.

All signs except exempt signs shall be subject to Planning Department review and approval. Submittals for Planning Department review shall be on forms provided by the Planning Department with all the required drawings.

B.

Applications for a building permit shall be made to the building inspector upon a form provided by the City and shall contain such information as required therein. The building inspector shall issue permits for the location erection, alteration or relocation of signs within the City when:

1.

An application and required drawings have been submitted.

2.

A review of such application has been made to determine that the sign complies with the ordinances and codes of the City.

3.

The building permit fee is paid.

C.

Building Permits Issued in Error. If a sign permit is issued in error by the chief building inspector and the sign does not comply with all of the requirements of this article and all other laws and ordinances of the City. The permit shall be null and void and no rights or privileges shall be conferred upon the permittee by said permit.

(Ord. CS 711, 1994; Ord. CS 744, 10-13-1997)

17.69.080 - Right to appeal. ¶

A.

Appeal of Staff Decision. Appeals from administrative decisions rendered on sign ordinance interpretation may be made to the Planning Commission within ten days from the date the notice of action is given. The written appeal shall be filed with the City Clerk and shall state the expected decision and the grounds for appeal. Upon proper application and public hearing, a decision shall be rendered by the Planning Commission as to the reasonableness of the administrative decision based upon applicable ordinance standards.

B.

Appeal of Planning Commission Decision. Within ten days following a Planning Commission decision, an appeal may be made to the City Council by the applicant or other interested parties. The written appeal shall be filed with the appropriate fee to the City Clerk and shall state wherein the decision was inappropriate. The appeal shall be set for public hearing before the City Council. The decision by the City Council shall be final.

(Prior Code § 10-5.117; Ord. CS 711, 1994; Ord. CS 744, 10-13-1997)

17.69.100 - Exempt signs.

The following signs are exempt from the provisions of this ordinance:

1.

Flags or insignia of any government, unless displayed in connection with a commercial promotion.

2.

Memorial signs or tablets containing names of buildings and dates or erections.

3.

Public utility signs regulated by the California Public Utilities Commission.

4.

Legal notices, identification, information or directional signs erected by governmental agencies.

5.

Christmas decorations and lights displayed from November 15 to January 15.

B.

If a sign is less than six feet in height, measured from the finished grade to the top of the sign, the sign is exempt from a building permit but is subject to the provisions of this ordinance.

(Prior Code § 10-5.103; Ord. CS 711, 1994; Ord. CS 744, 10-13-1997)

17.69.120 - Prohibited signs. ¶

The following signs are not permitted:

A.

Signs that portray indecent or morally objectionable language or descriptions.

B.

Signs or displays that are affixed to stationary motor vehicles, trailers, and similar devices for which the primary purpose of the vehicle, trailer, or device is advertising, and the intent is to circumvent the application of this ordinance.

C.

Signs painted or mounted on roofs or placed above the roofline.

D.

Signs of a nonpermanent or temporary nature that are hung, nailed, posted, or in any similar way attached to the outside of a structure for advertising purposes.

E.

Because of the City's compelling interest in ensuring traffic safety, any signs that simulate (in color, size, or design) any traffic control signal, or that make use of words, symbols, characters, or design that may cause a traffic hazard or nuisance by distracting or confusing a motorist or pedestrian.

F.

Signs that may cause glare, reflection, or which contain any moving or rotating parts; or which flash, blink or are otherwise animated. The provision of this subsection shall not apply to the following types of signs:

1.

A conventional clock face.

2.

A sign showing time and/or temperature and changes not more frequently than at five second intervals.

3.

An on-premise barber pole of a length not to exceed ten feet in height measured from the finished grade to the top of the sign.

G.

Signs that are not expressly permitted in a specific zone are otherwise prohibited.

H.

Electronic message boards that do any of the following:

1.

Display animated messages, including flashing, blinking, fading, rolling, dissolving, or any other effect that gives the appearance of movement;

2.

Include or emit an audio message;

3.

Display a message for a period less than 20 seconds;

4.

Have the transition from one message to another that is not instantaneous as perceived from the human eye; or

Display messages that are not complete, requiring any message to continue by fading, scrolling, or other manner to a subsequent message.

All electronic message boards shall comply with this section and the requirements located in the definition of "electronic message boards" in Section 17.69.050.Q. of this chapter.

I.

Portable signs, as defined in this chapter, including, but not limited to, A-frame signs.

J.

Persons or costumed persons holding signs with the purpose of drawing attention to or advertising a commercial enterprise, including but not limited to sign spinners/twirlers, commercial mascots, and sign clowns.

K.

Commercial flags, banners, or any signs attached to poles with the intent to flap in the wind.

(Ord. CS 711, 1994; Ord. CS 744, 10-13-1997; Ord. CS 925, § 2, 2-13-2012; Ord. CS 1057, § 1, 4-10-2023)

17.69.140 - General requirements.

A.

All signs shall be erected in compliance with adopted City codes and standards.

B.

All signs shall be properly maintained.

C.

All signs shall remain out of the City's recognized clear zones, as defined in section 17.12.120 and public rights-of-way, and in no way shall any sign constitute a vehicular traffic hazard by distracting or confusing a motorist.

D.

No sign shall be attached to any City street tree, utility pole, street signal, street light, street name sign, traffic warning sign, bus shelter, or similar device or facility.

E.

Signs if other wise authorized, are permitted to be located in a front, side, or rear yard. The projection of an authorized sign into any street or right-of-way shall be as follows:

1. Freestanding Sign	No projection
2. Wall Sign	Up to 14 inches in thickness

Marquee/Canopy Sign Not closer than two (2) feet from the face of the curb
Projecting Sign Not closer than two (2) feet from the face of the curb.

(Ord. CS 711, 1994)

17.69.160 - Scenic corridors. ¶

Freestanding signs erected along scenic corridors are subject to the following setback, landscaping, and design requirements:

A.

No closer than ten feet to property line or 18 feet to curb face. Areas along Atwater Boulevard shall conform to established building setbacks.

B.

Signs shall be of a monument style, mounted on a solid base, and not to exceed eight feet in height measured from the finished grade to the top of the sign.

C.

The sign shall be placed in a landscaped area equipped with a seven-day automatic irrigation system.

D.

The design and construction materials of monument signs shall be reviewed and approved by the Planning Department.

(Ord. CS 711, 1994; Ord. CS 744, 10-13-1997)

17.69.180 - Gasoline service stations. ¶

Permanent signs in service stations shall not exceed 300 square feet.

A.

Identification Sign.

1.

Signs may be permitted on pump islands, canopy uprights, or non-movable structures in the pump island. If there is no canopy, these signs shall not exceed three feet in height and shall not extend beyond the pump island.

2.

No sign shall project above the canopy or beyond a building edge.

3.

One freestanding sign is permitted not to exceed 90 square feet in sign area and 20 feet in height measured from the finished grade to top of the sign, except on a scenic corridor.

4.

Wall signs shall be limited to two street frontages and shall not exceed one square foot of sign area per lineal foot of building frontage.

5.

Temporary window signs for mini marts within service stations shall be limited to two principle street frontages and to 15 percent of each window area.

B.

Motor Fuel Sign.

1.

Motor fuel price signs for each street frontage of the site are permitted. Maximum square footage for all fuel price signs shall be 60 square feet.

2.

Such signs may be on an individual sign or on a combination of cash and discount pricing signs.

3.

If motor fuel signs are to be freestanding, then such signs must be combined with the freestanding identification signs and not to exceed the allowable sign area.

4.

Sign copy of fuel price signs shall comply with applicable State codes and regulations.

(Ord. CS 711, 1994; Ord. CS 744, 1997; Ord. CS 791, 3-12-2001)

17.69.200 - Outdoor advertising signs, billboards. ¶

Outdoor advertising signs may be permitted in the M-1 and M-2 zones provided the signs are located within 300 feet of the Freeway 99 right-of-way.

A.

Maximum sign area is 600 square feet and 50 feet in height measured from the finished grade to the top of the sign.

B.

Signs located on property within 660 feet of the Freeway 99 right-of-way may be higher than 50 feet measured from the finished grade to the top of the sign or larger than 600 square feet subject to obtaining a conditional use permit with the following findings:

1.

The Commission may grant approval if the applicant can show that an overcrossing of Freeway 99 or ramps thereto obstruct visibility of said sign. The applicant shall also present plans illustrating the means by which the minimum height necessary to clear said visual obstruction was determined.

2.

In deciding whether to grant additional height and sign area, the Commission shall take into consideration the location, size, and proximity of the proposed sign and surrounding signs.

(Prior Code § 10-5.113; Ord. CS 711, 1994; Ord. CS 744, 10-13-1997)

17.69.220 - Commercial center uniform design standards. ¶

Uniform Design Standards shall be a method to provide consistency, uniformity and coherence in design and construction of signs erected in commercial centers whose building square footage totals a minimum 5,000 square feet.

A.

Uniform Design Standards shall be established at the site plan, use permit or at the initial development plan review stage. The design, construction, materials, color scheme and location of such signs shall be uniform, compatible and consistent with all other identification signs in the commercial center.

B.

The Planning Commission shall establish the location, colors, and construction of the shopping center signs.

C.

Subsequent signs in the same commercial center, even if the businesses are in separate ownership or on separate parcels, shall follow the Uniform Design Standards as established at the initial review stage.

D.

Registered logos or trademarks may be used if the location, color, design and construction materials remain consistent with the adopted standards.

E.

Illuminated, neon, or other self-lighted signs may be used.

F.

In shopping centers over 50,000 square feet, the shopping center identification signs and the individual business identification signs shall be illuminated during the same time periods. Anchor tenants over 30,000 square feet shall establish their own illumination schedule.

G.

One sign 25 feet in height measuring from the finished grade on arterial streets and one sign 15 feet in height measuring from the finished grade on secondary streets for shopping centers.

(Ord. CS 711, 1994; Ord. CS 791, 3-12-2001)

17.69.240 - Freeway corridors. ¶

Businesses located within 300 feet of the Freeway 99 right-of-way may have one freestanding sign up to 50 feet in height measured from the finished grade to the top of the sign and 250 square feet in sign area, if the sign is oriented to attract freeway traffic. A use permit shall be required for signs higher than 50 feet measured from the finished grade to the top of the sign and larger than 250 square feet.

A.

For a freestanding tourist-oriented hotel, motel, restaurant, service station or similar business located on property within 300 feet of the Freeway 99 right-of-way, one freestanding identification sign exceeding 250 square feet in area and higher than 50 feet measured from the finished grade to the top of the sign may be approved subject to approval of a conditional use permit. Said use permit shall be dependent upon the following findings:

1.

That the use or occupancy is a freestanding use. In this section, a freestanding use is defined as a use or occupancy that does not attract customers by its proximity to another business or businesses that jointly attract customers though their proximity to each other or be adequately identified by other signs otherwise permitted.

2.

That the use or occupancy cannot be adequately identified by other signs otherwise permitted.

3.

That an overcrossing of Freeway 99 or ramps thereto obstruct visibility of said sign to the northbound or south bound lanes of Freeway 99. Applicants shall present plans illustrating the means by which the minimum height necessary to clear said visual obstruction was determined.

(Ord. CS 711, 1994; Ord. CS 744, 10-13-1997)

17.69.280 - Real estate signs. ¶

The following regulations apply to on site real estate signs in residential and commercial zones:

Residential Zones.

1.

One unlighted For Sale or Rent sign, per street frontage, not to exceed eight square feet in area and four feet in height measured from the finished grade to the top of the sign.

2.

Three unlighted For Sale, For Rent, or Open House signs, not to exceed four square feet each and three feet in height measured from the finished grade to the top of the sign.

3.

Real estate rental signs may include copy describing the rental units and prices.

B.

Commercial and Industrial Zones.

1.

One freestanding sign per street frontage not exceeding 64 feet in area and ten feet in height measured from the finished grade to the top of the sign.

2.

In a shopping center over 50,000 square feet, a permanent leasing sign may be installed providing the sign area does not exceed 32 square feet and ten feet in height measured from the finished grade to the top of the sign.

C.

Real estate signs shall be removed 15 days after close of escrow, rent, or lease of the property or building.

D.

Temporary off premise real estate open house signs are permitted subject to the property owner approval. The displays shall not be erected prior to one hour before, or shall be removed one hour after, the advertised time of the open house. The height and sign area shall comply with portable signs Section 17.69.340.C, E.1, E.2 and H.

(Ord. CS 711, 1994; Ord. CS 744, 10-13-1997)

17.69.290 - Construction signs. ¶

A.

Residential Zones.

One construction sign per residential development not to exceed 32 square feet in area and ten feet in height measured from the finished grade to the top of the sign.

2.

Construction signs shall be removed no later than three years from date of erection or 30 days from completion of the last unit in the subdivision.

B.

Commercial/Industrial Zones. One construction sign per property not exceeding 64 square feet in area and ten feet in height measured from the finished grade to the top of the sign provided such signs are removed no later than 30 days after completion of construction.

(Prior Code § 10-5.109; Ord. CS 711, 1994; Ord. CS 744, 10-13-1997)

17.69.300 - Subdivision real estate signs. ¶

One subdivision sign per street frontage for residential subdivision not to exceed 64 square feet in area and ten feet in height measured from the finished grade to the top of the sign provided that such signs shall be removed no later than three years from the recording date of the subdivision except as follows:

A.

The City Manager or Planning Director shall have the authority to extend the time period for one additional year. A request for an extension shall be submitted to the Planning Department prior to the expiration of the initial time approval.

B.

Where building permits have been taken out for more than 50 percent, but less than 65 percent of the lots in such subdivision at the end of said three-year period, such sign may remain for an additional one-year period.

C.

Where building permits have been taken out for 50 percent or less of the lots in such subdivision at the end of said three-year period, such sign may remain for an additional two-year period.

D.

Up to three unlighted off-premise directional signs not exceeding 32 square feet in area and ten feet in height measured from the finished grade to the top of the sign may be permitted. These signs shall be removed at the same time as the subdivision sign.

E.

Up to ten off-premise directional signs for weekend use may be displayed for each residential subdivision subject to the following requirements:

1.

The signs shall be placed only on major collectors and provide the most direct routes to the advertised subdivision.

2.

The signs shall not be placed in public rights-of-ways and shall have property owner approval where displayed.

3.

The signs shall be displayed for weekend promotion only and shall be erected no earlier than 12:00 p.m. Friday, and shall be removed no later than 12:00 a.m. Monday.

4.

The signs shall be no higher than four feet in height measured from the finished grade to the top of the sign, and no larger than four square feet in area.

(Prior Code, § 10-5.107; Ord. CS 711, 1994; Ord. CS 744, 10-13-1997)

17.69.320 - Temporary political signs. ¶

In any zone, subject to obtaining property owner's or possessor's prior consent, temporary political signs shall be permitted to be on display for a maximum of ten days after the election involving the candidate or issue display has been held; provided that in no case shall any such sign be displayed for more than 140 days during any calendar year. One temporary political sign per candidate or issue is permitted and shall be subject to the same regulations of the zone in which it is located except as noted below.

A.

In Residential zones, two signs per candidate or issue and shall not exceed 12 square feet in area and three feet in height measured from the finished grade to the top of the sign.

(Prior Code § 10-5.112; Ord. CS 711, 1994; Ord. CS 744, 10-13-1997)

17.69.340 - Reserved. ¶

Editor's note— Ord. CS 1057, § 2, adopted April 10, 2023, repealed § 17.69.340, which pertained to portable signs and derived from prior Code § 10-5.111; Ord. CS 711, 1994; Ord. CS 744, 10-13-1997.

17.69.360 - Reserved. ¶

Editor's note— Ord. CS 1057, § 2, adopted April 10, 2023, repealed § 17.69.360, which pertained to temporary outdoor promotional displays and derived from prior Code § 10-5.110; Ord. CS 711, 1994; Ord. CS 744, 10-13-1997.

17.69.380 - Temporary window signs. ¶

Temporary banners or posters may be installed inside windows when used in conjunction with national, state, holiday advertising programs or weekly market specials.

B.

Window coverage of temporary window signs may not exceed 50 percent of the total window area.

C.

For businesses with more than one frontage, 25 percent of window area of a second frontage may also be used.

(Ord. CS 711, 1994)

17.69.400 - Temporary seasonal sales signs. ¶

Signs erected for fireworks stands, pumpkin stands or Christmas tree lots shall not exceed 64 square feet in area and no higher than eight feet in height measured from the finished grade to the top of the sign and shall not encroach into any public right-of-way. Such signs shall be displayed for no more than the allowable, permitted time for that event.

(Ord. CS 711, 1994; Ord. CS 744, 10-13-1997)

17.69.420 - Garage sale signs. ¶

Two unlighted garage sale signs not exceeding three feet each in area and maximum of three feet in height measured from the finished grade to the top of the sign and may be displayed as follows:

A.

Said signs may be displayed only at times when the garage sale is actually being held or conducted.

B.

Said signs may only be erected and displayed on private property with the consent of the owner thereof.

C.

No sign shall be attached or placed on any utility poles, traffic signal poles, or within the public right-ofway.

(Ord. CS 711, 1994; Ord. CS 744, 10-13-1997)

17.69.440 - Directional signs. ¶

A directional sign shall not bear any advertising message and shall be located on the same premises as the use which it is intended to serve.

A.

Two on-site directional signs are allowed for each egress or ingress. More than two on-site directional signs for each business shall require approval by the Planning Commission. The design and location shall be approved by the Planning Department.

B.

Maximum allowable square footage is 12 square feet per sign.

C.

Maximum allowable height is six feet measured from the finished grade to the top of the sign.

D.

Directional signs shall not be calculated in the total allowable square footage allocated for a specific zone.

(Prior Code § 10-5.106; Ord. CS 711, 1994; Ord. CS 744, 10-13-1997; Ord. CS 791, 3-12-2001)

17.69.460 - Non-commercial signs. ¶

Non-commercial signs may be established and maintained on private property provided that they conform to all applicable provisions of this chapter. If displayed on a parcel containing no permanent or temporary building, the applicable maximum height and area of such signs is that maximum applicable to signs for the predominant use within that zone district. The design, materials and placement of non-commercial signs shall conform to all applicable provisions of this Code.

(Ord. CS 711, 1994)

17.69.470 - Residential zones. ¶

Signs other than for religious or institutional uses are not permitted.

(Ord. CS 744, 10-27-1997)

17.69.480 - Multifamily zone. ¶

One building or complex identification sign per frontage which may be either a monument type sign or a wall sign.

A.

Monument signs shall not exceed 32 square feet in area for a maximum height of four feet measured from the finished grade to the top of the sign.

B.

Wall signs shall not exceed 24 square feet in area, are limited in height to ten feet from ground level, and shall not be internally illuminated.

C.

One manager's plaque sign may be permitted provided the sign does not exceed four square feet.

(Prior Code § 10-5.106; Ord. CS 711, 1994; Ord. CS 744, 10-13-1997)

17.69.500 - Institutional and religious signs. ¶

A.

Institutional Signs. The following signs are permitted for institutional uses including government buildings and facilities, museums, private schools, and convention or gathering halls:

1.

One monument sign not to exceed 64 square feet in area and eight feet in height measured from the finished grade to the top of the sign.

2.

Freestanding Reader Board or Electronic Message Board. One Freestanding Reader Board sign not to exceed 20 feet in height and 30 square feet in area, or one Electronic Message Board provided that the Electronic Message Board is integrated into either a permitted Monument Sign or Freestanding Reader Board to form a cohesive design unit and the Electronic Message Board component does not exceed 75 percent of the total sign area. An applicant may not have both a Freestanding Reader Board and an Electronic Message Board. An Electronic Message Board shall be subject to approval of a Conditional Use Permit, pursuant to Chapter 17.71 of this Code. Approval of the Conditional Use Permit shall also require the following findings:

a.

The Electronic Message Board is consistent with Sections 17.69.500(A), 17.69.050(Q) and 17.69.120(H) of this Code.

b.

The Electronic Message Board will be located adjacent to an established arterial or collector roadway as designated in the City's General Plan.

c.

The Electronic Message Board is consistent with the City's General Plan, the City's Zoning Code, City Municipal Code and all other applicable codes and regulations.

d.

The orientation of the face of the Electronic Message Board is not detrimental to the character of development in the immediate neighborhood, and does not pose a safety risk to motorists or pedestrians.

3.

Two on-site directional signs per egress/ingress not to exceed 12 square feet in area and a maximum of six feet in height measured from the finished grade to the top of the sign. More than two signs per business shall require approval by the Planning Commission. The design and location shall be approved by the Planning Department.

4.

One wall identification sign not to exceed one square foot per each linear foot of building frontage.

5.

All monument signs, freestanding signs, and directional signs shall be placed within the landscaped area to be equipped with a seven day automatic irrigation system.

6.

The design and materials of all monument signs shall be reviewed and approved by the Planning Department.

B.

Religious Signs. The following signs are permitted for religious centers (churches):

1.

One monument sign per frontage (maximum of two) with One primary monument sign not to exceed 64 square feet in area and eight feet in height measured from the finished grade to the top of the sign and a secondary, provided the lot has two frontages, not to exceed 32 square feet in area and eight feet in height measured from the finished grade to the top of the sign.

2.

Two on-site directional signs per egress/ingress not to exceed twelve square feet in area and a maximum of six feet in height measured from the finished grade to the top of the sign. More than two signs for each business shall be approved by the Planning Commission. The design and location shall be approved by the Planning Department.

3.

One wall identification sign not to exceed one square foot per each linear foot of frontage.

4.

Electronic Message Board. The use of an Electronic Message Board is permitted subject to the approval of a Conditional Use Permit. An Electronic Message Board shall be integrated into one of the two permitted Monument Signs or the wall identification sign as permitted within this section provided that the Electronic Message Board component does not exceed 75 percent of the total sign area and is integrated with the remainder of the sign to form a cohesive design unit. Only one Electronic Message Board will be allowed. An Electronic Message Board shall be subject to approval of a Conditional Use Permit, pursuant to Chapter 17.71 of this Code. Approval of the Conditional Use Permit shall also require the following findings:

a.

The Electronic Message Board is consistent with Sections 17.69.500(B), 17.69.050(Q) and 17.69.120(H) of this Code.

b.

The Electronic Message Board will be located adjacent to an established arterial or collector roadway as designated in the City's General Plan.

c.

The Electronic Message Board is consistent with the City's General Plan, the City's Zoning Code, City Municipal Code and all other applicable codes and regulations.

d.

5.

All monument and directional signs shall be placed within a landscaped area equipped with a seven day automatic irrigation system.

6.

The design and materials of monument signs shall be reviewed and approved by the Planning Department.

(Ord. CS 711, 1994; Ord. CS 744, 10-13-1997; Ord. 791, 3-12-2001; Ord. CS 925, § 3, 2-13-2012; Ord. CS 933, § 1, 4-8-2013)

17.69.520 - Planned development zone.

All signs in Planned Developments shall be reviewed and approved by the Planning Commission as part of the Final Development Plan or by the Planning Department thereafter.

(Ord. CS 711, 1994; Ord. CS 744, 10-13-1997)

17.69.540 - Commercial center standards. ¶

Commercial centers shall include all commercial complexes, whether retail or service oriented located in any of the commercial zones which contain 5,000 square feet or more commercial space and are developed as an integral unit on one or more contiguous parcels and utilize common off-street parking shall be subject to the Uniform Design Standards per Section 17.69.220

A.

Freestanding Identification Sign.

One commercial center or complex identification sign may be erected for each street frontage.

2.

The commercial center identification sign shall be limited to a maximum of 250 square feet of sign area and limited to 12 feet in height measured from the finished grade to the top of the sign except in scenic corridor.

3.

The commercial center identification sign shall be located a minimum of ten feet behind the public right-ofway and not interfere with vehicular traffic or safety.

4.

The sign copy shall be limited to the name of the center and may include the street address of the complex.

5.

A commercial center sign may include the individual business names if the height, square footage, and all other requirements of this section are maintained.

6.

The area surrounding the sign shall be attractively landscaped and be equipped with a seven-day automatic irrigation system.

B.

Individual Business Identifications Sign.

1.

One wall or fascia sign one and one-half square feet per linear foot of building frontage. Businesses with two frontages may have a second sign with a maximum of 50 percent of the main sign area. No sign shall exceed 300 square feet in area.

2.

Window signs shall be limited to 15 percent of a window area.

3.

Canopy signs shall be limited to one per business and not exceed 30 percent of the building frontage.

4.

Under canopy signs shall be limited to eight square feet per side and have a minimum vertical clearance of seven feet, six inches above the finished grade.

C.

Directional Sign.

1.

Two exterior directional signs per use is permitted and shall not exceed 12 square feet in area and six feet in height measured from the finished grade to the top of the sign. Business identification shall not exceed one-half of the area on a given sign face. More than two signs per business shall require approval by the Planning Commission. Design and location shall be approved by the Planning Department.

2.

As an alternative, any number of interior directional signs may be permitted providing each sign does not exceed four feet in area and four feet in height measured from the finished grade to the top of the sign.

D.

Menu Sign. Two menu signs may be permitted for a drive-in restaurant or other eating place with drivethrough facilities providing the sign does not exceed 48 square feet in area or six feet in height measured from the finished grade to the top of the sign.

E.

Wall Menu Sign. For non drive-through restaurants, one wall menu sign at the main entrance is permitted provided the sign does not exceed 12 square feet in area.

(Prior Code § 10-5.106; Ord. CS 711, 1994; Ord. CS 744, 10-13-1997; Ord. CS 791, 3-12-2001)

17.69.560 - General commercial zone. ¶

Total allowable square footage for all signs shall be 200 square feet per business.

A.

Freestanding Sign. One freestanding sign per parcel not to exceed 70 square feet of total sign area or 12 feet in height measured from the finished grade to the top of the sign, except when located on a scenic corridor, the height shall not exceed eight feet.

B.

Wall Sign.

1.

One sign per business frontage not to exceed one and one-half square feet of sign area per linear foot of building frontage and not to exceed 300 square feet.

2.

For businesses with a second frontage, a second wall sign is limited to 50 percent of the main sign.

Nameplate or Plaque Sign. One sign for each business or tenant may be permitted not to exceed four square feet in area and to be located near the principal business entrance.

D.

Directory Sign. A directory sign shall be considered a freestanding sign. One sign per office complex or business establishment. If the office complex has more than one principal street frontage, then one directory sign may be allowed for each frontage providing the signs do not exceed 30 square feet each.

E.

Canopy Sign. One sign for each business tenant not exceed 20 percent of the tenant's business frontage.

F.

Permanent Window Sign. Window signs are limited to 15 percent of each window area.

(Prior Code § 10-5.106; Ord. CS 711, 1994; Ord. CS 744, 10-13-1997; Ord. CS 791, 3-12-2001)

17.69.580 - Central commercial zone.

General Regulations.

1.

Freestanding signs are not permitted in the area along Broadway from Fifth Street to First Street and along the north side of Atwater Boulevard form Winton Way to First Street.

2.

Total maximum sign area for all signs including canopy, marquee, wall, projecting, freestanding, and window signs in the C-C zone is 200 square feet per parcel or lot.

B.

Permitted Sign. The following signs are permitted in the C-C zone:

1.

Freestanding Sign. One sign per property not to exceed 50 square feet in area and eight feet in height measured from the finished grade to the top of the sign.

2.

Projecting Sign. One sign per business not to exceed 12 square feet in area.

3.

Wall Sign. One sign per tenant, frontage not to exceed one square foot in area per lineal foot of building frontage. If suite with two frontages, 50 percent of allowable sign area can be used for the second frontage sign.

4.

Canopy Sign/Marquee Sign. One sign per building frontage not to exceed 24 square feet in area.

5.

Under Canopy Sign. One sign per building tenant not to exceed eight square feet in area and shall have a vertical clearance of seven and one-half feet from the finished grade.

6.

Building/Tenant Identification. One plaque per tenant not to exceed four square feet in area.

(Prior Code § 10-5.106; Ord. CS 711, 1994; Ord. CS 744, 10-13-1997; Ord. CS 791, 3-12-2001)

17.69.600 - Industrial zone. ¶

A.

On-premise advertising signs in the industrial zones shall be limited to a total maximum square footage of 400 square feet per parcel.

B.

Freestanding Sign.

1.

One monument sign per lot or parcel may be allowed provided the sign is limited to 12 feet in height measured from the finished grade to the top of the sign, located ten feet behind the property line and does not exceed 100 square feet in area. The design and construction materials shall be reviewed and approved by the Planning Department.

2.

Landscaping, a seven-day automatic irrigation system, is to be provided in an area surrounding the base of the sign.

3.

The design, style and color scheme of the sign shall match or complement the design of the business.

C.

Wall Signs. Each business occupant located in the industrial zone may have one wall sign per tenant building frontage. Such sign shall be limited to one square foot in area per linear foot of building frontage, and total sign area shall not exceed a maximum of 300 square feet for the entire parcel.

(Prior Code § 10-5.106; Ord. CS 711, 1994; Ord. CS 744, 10-13-1997; Ord. CS 791, 3-12-2001)

17.69.620 - Sign abatement. ¶

After the date of adoption of this ordinance, the City shall commence a program to inventory and identify all illegal or abandoned signs within its jurisdiction and shall commence abatement of illegal or abandoned signs, pursuant to the same procedural rules set forth in section 17.69.640 of this Chapter.

(Ord. CS 711, 1994)

17.69.640 - Nonconforming signs. ¶

A nonconforming sign is one which was lawfully erected or placed upon real property, but which could not be established in the same manner under the present ordinance.

A.

Nonconforming signs may be maintained, but not substantially altered, modified, added to, or increased in area. A change in copy shall be permitted if no structural changes are made. Any substantial changes would require full conformance with the provisions of this ordinance. Notwithstanding this section, certain signs shall be required to conform.

B.

A nonconforming sign which is destroyed or damaged to an extent in excess of 50 percent of its estimated value shall not be replaced or repaired, except by a sign which conforms to the provisions of this ordinance.

C.

A nonconforming sign whose use is discontinued for over 180 days shall be removed within 30 days, unless within that period of time it is made to conform.

D.

Each nonconforming sign shall be removed or made to conform to the provisions of this article at the sole cost of the owner thereof.

E.

All nonconforming signs shall be provided a useful life of 15 years. Legal signs erected prior to March 12, 1983, shall remain in existence for a period of 15 years beginning March 12, 1983.

(Prior Code § 10-5.114; Ord. CS 711, 1994)

17.69.660 - Removal of illegal signs, procedure.

A.

Any sign which is prohibited, illegally installed or which does not conform to the provisions of this Chapter, and any illegal nonconforming sign which meets the criteria set forth in California Business and Professions

Code Section 5497, as it presently exists or as it may be amended, shall be either abated and removed, or in the alternative, brought into compliance with the provisions of this Chapter, without payment of any compensation to the owner, pursuant to the procedure provided herein.

B.

The City Manager or the Director of Planning, after conducting an investigation, shall order the abatement and removal of any such sign, or direct that such sign shall comply with the provisions of this Chapter, by giving Notice of Violation to the business owner using said sign and to the owner of the real property upon which the sign is located. The Notice of Violation shall contain the following information:

1.

It shall describe or otherwise identify the sign and specify the violation requiring its removal or correction.

2.

It shall order that the sign be either removed or that in the alternative it be brought into compliance with the provisions of this Chapter within 30 days from the date that the Notice of Violation is mailed.

3.

It shall contain a notice of the right to appeal as provided herein.

C.

The Notice of Violation shall be sufficient if it is mailed via first class U.S. mail to the business owner at the business address upon which the sign is located, and to the property owner at the address shown on the last equalized assessment roll of the county. If there is no known business owner conduction business upon the property, then notice to the owner of the real property as provided herein shall be sufficient.

D.

If the business owner and/or the real property owner do/does not agree with the determination of the City Manager or Planning Director, either or both such parties may appeal the determination by filling with the office of the Director a written Notice of Appeal, which notice shall be served and received by the Director not later than 30 days from the date that the Notice of Violation was mailed.

E.

The City Manager or Planning Director shall have the authority to extend the 30 days time period for the removal or correction of a sign, if he/she determines that the affected party is acting in good faith. Such extensions of time shall not exceed a total of 120 days without prior approval of the Planning Commission.

F.

Upon the timely receipt of written appeal by the City Manager or Planning Director, a Hearing shall be set before the Planning Commission within 30 days of receipt of the said Notice of Appeal. Written notice of the date of the hearing on the appeal shall be given to the appellant via first class U.S. mail at least ten days prior to the hearing date.

G.

The Planning Commission shall hear and determine the appeal, and its decision shall be final.

H.

Upon a determination by the Planning Commission that the offending sign must be removed, or in the absence of an appeal and upon the expiration of the 30-day compliance period, the City may cause the removal of the sign, either by use of its own personnel or by contracting for its removal with appropriate and qualified contractors. The owner of the real property and the owner of the business upon which the sign is located shall be jointly and severally responsible for all cost and expense incurred by the City for the removal of the sign, and the City may cause a lien to be placed against said real property for such costs plus administrative expense. Nothing contained herein shall otherwise limit the City from enforcing such other legal remedies.

I.

Signs removed by the City pursuant to this Chapter shall be stored for a period of 30 days, during which time they may be recovered by the owner upon payment to the City of all costs of removal and storage. The City shall give written notice to the business owner and/or the owner of the real property of their to reclaim the stored property within 30 days upon the payment to the City of all costs of removal and storage. The written notice so given shall contain a statement of the amount required to redeem said property. Said notice shall be served as provided in Section 17.69.640.C hereof.

If said property is not recovered prior to the expiration of the 30-day period, the sign and supporting structures shall be deemed abandoned, title thereto shall vest in the City, and the City may sell or otherwise dispose of the property as it may determine, and apply any proceeds received therefrom to the satisfaction of its cost and expenses.

(Prior Code § 10-5.115; Ord. CS 711, 1994; Ord. CS 744, 10-13-1997)

17.69.680 - Sign variance. ¶

The Planning Commission may grant variances from the provisions of this article in accordance with the provisions of Section 17.74 of the Atwater Municipal Code.

(Ord. CS 711, 1994)

17.69.700 - Safety and maintenance.

All signs shall be subject to the following:

A.

The owner of any sign shall maintain all parts, portions, units and materials composing the sign together with the frame, background, supports or anchorage thereof in a proper state of repair and safety and state of preservation.

B.

All parts of the sign, inclusive of the frame, background, supports, or anchorage shall be maintained in a neatly painted condition.

C.

All signs shall be inspected by the building official and shall be made to comply with this article when directed in writing by the City Manager or Planning Director.

D.

An owner of a sign must comply within ten days after receiving Notice of Noncompliance, or the building official may cause such sign to be removed. Any expense incurred to remove the sign shall be paid by the owner of the business or real property.

(Prior Code § 10-5.104; Ord. CS 711, 1994; Ord. CS 744, 10-13-1997)

17.69.720 - Enforcement. ¶

It shall be the duty of the building official, the City Manager, Planning Director, or designee to enforce the provisions of this ordinance. Any sign installed, substantially altered, or relocated contrary to the provisions of this ordinance shall be declared to be in violation of this ordinance. Enforcement of this Chapter shall be in accordance with Section 8.32.030, 8.32.070, 8.32.080, 8.32.090 of this Code.

(Ord. CS 711, 1994; Ord. CS 744, 10-13-1997; Ord. CS 1057, § 3, 4-10-2023)

CHAPTER 17.71 - CONDITIONAL USE PERMIT

17.71.010 - Purpose. ¶

The purpose of the conditional use permit is to allow for the appropriate integration of certain land uses into the community which may be suitable only in specific locations within a zoning district, or only if designed and laid out in a particular manner.

A conditional use permit is required for all uses listed as conditional uses in the district regulations or elsewhere in this chapter that are hereafter created, changed, converted, or enlarged, either wholly, or in part.

When considering an application for a conditional use, the Planning Commission shall give due consideration to the nature and condition of all adjacent uses and structures. In authorizing a conditional use, the Planning Commission may impose requirements and conditions relating to location, construction, maintenance, operation, and site planning, in addition to those expressly required by this Code, as necessary to ensure that the proposed use is consistent with all general plan goals and policies, and will not create negative impacts to adjacent properties or the general public.

(Ord. CS 532, 1983; Ord. CS 1073, § 4(Exh. A), 10-13-2025)

17.71.015 - Changes or reestablishment of uses. ¶

Any use, established pursuant to an approved conditional use permit, that has been discontinued for less than five years may be reestablished or changed to a similar or less intensive use without the need for a new use permit. The Community Development Director shall determine whether the proposed use is similar or less intensive, and this determination shall be subject to appeal to the Planning Commission.

(Ord. CS 624, 1987; Ord. CS 1073, § 4(Exh. A), 10-13-2025)

17.71.020 - Application and fee. ¶

A.

The application shall be submitted by the property owner or their authorized agent to the Community Development Director on a form prescribed by the City of Atwater. A conditional use permit may be issued for any of the uses or purposes for which such permits are required or permitted by the terms of this Code. Approval of a conditional use permit does not exempt the applicant from compliance with all applicable provisions of the Fire Code, Building Code, or other sections of this Code.

B.

The application fee shall be set by resolution of the City Council in an amount consistent with the actual cost of processing the application. The fee is nonrefundable.

C.

The application shall include maps and drawings sufficient to demonstrate compliance with the requirements set forth in this Code.

(Ord. CS 532, 1883; Ord. CS 1073, § 4(Exh. A), 10-13-2025)

17.71.030 - Public hearing. ¶

The Community Development Director shall schedule the matter for a public hearing no sooner than 30 days after the date of application. Notice of the hearing shall be mailed to owners of all property located within 300 feet of the subject property no less than ten days prior to the hearing date. Failure of a property owner to receive such notice shall not affect the validity of any action taken.

When Council approval is required, as specified elsewhere in this title, the public hearing shall be noticed in the same manner.

(Ord. CS 532, 1983; Ord. CS 1073, § 4(Exh. A), 10-13-2025)

17.71.040 - Findings for approval. ¶

The Planning Commission may approve the issuance of a conditional use permit (or recommend action by the City Council if the proposal includes changes that require Council approval) only if all of the following findings can be made:

The proposed use is consistent with the purpose and standards of the zoning district, the general plan, and any adopted area or neighborhood plan, specific plan, or community plan.

2.

The location, size, design, and operating characteristics of the proposed use will be compatible with the existing and future land uses in the vicinity of the subject property.

3.

The proposed use will not be detrimental to the public health, safety, and welfare of the city.

4.

The proposed use is properly located within the city and adequately served by existing or planned services and infrastructure.

(Ord. CS 532, 1483; Ord. CS 1073, § 4(Exh. A), 10-13-2025)

17.71.050 - Certificate. ¶

Upon approval of the use permit, and if no appeal from the decision is filed within five calendar days of the approval date, the Community Development Director shall issue a permit certificate. The certificate shall contain the permit number, effective date, expiration date, and all conditions of approval.

The certificate shall be permanently displayed in a publicly visible location on the premises at all times. Display of the certificate is a condition of every use permit and shall be acknowledged in writing by the applicant prior to the final approval by the Planning Commission.

(Ord. CS 532, 1983; Ord. CS 1073, § 4(Exh. A), 10-13-2025)

17.71.060 - Building permit. ¶

Following the issuance of a conditional use permit, the building inspector shall issue a building permit, if required, once compliance with all applicable provisions of this chapter and all City rules and regulations have been confirmed. The building inspector shall ensure that development is initiated and completed in conformance with the approved plans.

(Ord. CS 532, 1983; Ord. CS 1073, § 4(Exh. A), 10-13-2025)

17.71.070 - Re-application.

No person, including the original applicant, shall reapply for a similar conditional use permit for the same land, building, or structure within one year of the final decision on the previous application, unless the denial was made without prejudice.

(Ord. CS 532, 1983; Ord. CS 1073, § 4(Exh. A), 10-13-2025)

17.71.080 - Revocation.

A use permit may be revoked by the Planning Commission if approved by the Planning Commission, or by the City Council if approved by the City Council, at any time for noncompliance with permit conditions, violation of City regulations, or if the use constitutes a nuisance to the neighborhood.

(Ord. CS 532, 1983; Ord. CS 1073, § 4(Exh. A), 10-13-2025)

17.71.085 - Expiration of permit. ¶

A.

Time Limits. The conditional use permit shall expire if not exercised within five years of approval. A permit or approval shall be considered "exercised" when:

1.

A building permit is issued and construction has commenced; or,

2.

A certificate of occupancy is issued; or,

3.

A business license is issued; or,

4.

The use is established.

B.

Extension of Time. The Community Development Director may approve time extensions of up to two years, in the following manner:

1.

The applicant shall submit to the Community Development Department a written request for an extension of time no later than ten days before the expiration of the permit or approval.

2.

The Community Development Director may extend the permit or approval for an additional two year period if the applicant has proceeded in good faith and has exercised due diligence in efforts to exercise the permit or approval in a timely manner.

3.

The burden of proof is on the applicant to demonstrate that the permit should be extended.

4.

The Community Development Director may choose to refer any extension of time requests to the Planning Commission for review and final decision.

(Ord. CS 532, 1983; Ord. CS 1073, § 4(Exh. A), 10-13-2025)

17.71.090 - Appeal. ¶

Any decision of the Planning Commission may be appealed in writing to the City Council within five calendar days of the Planning Commission's action. If an appeal is made, notice of the hearing shall be provided as specified in Section 17.71.030.

(Ord. CS 532, 1983; Ord. CS 581, 1984; Ord. CS 1073, § 4(Exh. A), 10-13-2025)

CHAPTER 17.74 - VARIANCES

17.74.010 - Purpose. ¶

The purpose of the variance is to al low variation from the strict application of the terms of this chapter where, by reason of the exceptional narrowness, shall lowness, or unusual shape of a specific piece of property, or by reason of exceptional topographic conditions or other extraordinary situation or condition of such piece of property, or by reason of the use or development of property immediately ad joining the piece of property in question, the literal enforcement of the requirements of this chapter would cause undue hardship unnecessary to carry out the spirit and purpose of this title. In no case shall a variance be granted to permit a use other than a use permitted in any district or to permit relief in excess of 50 per cent of any requirement of this title unless otherwise specified herein.

(Ord. CS 538, 1984)

17.74.020 - Application and fee. ¶

Application for a variance from the provisions of this chapter shall l be made By the owner of the property for which the variance is sought or the authorized representative of such owner on a form provided for that purpose by the City.

The application fee for a variance shall be as set by resolution by the City Council and no part of such fee shall l be refundable.

The application for variance shall be accompanied by any maps, drawings, or other supplementary materials necessary to show that the conditions required for the granting of a variance, as hereinafter set out, apply to the subject property.

(Ord. CS 538, 1984)

17.74.030 - Public hearing. ¶

Upon receipt of an application duly filed, together with the required fee and all necessary maps and drawings, the Planning Director shall set the matter for hearing as follows:

A hearing on a variance application shall be conducted by the Planning Commission within 30 days from the date of such application.

The Planning Director shall send notice of the time and place of such hearing to the applicant and to the owners of all property located within 300 feet of the property for which the variance has been requested, not less than ten days prior to the date of such hearing. Said notice shall be given pursuant to Government Code Section 65091. The failure of any property owner to receive notice of the hearing shall in no way affect the validity of the action taken by the Planning Commission.

(Ord. CS 538, 1984; Ord. CS 766, 10-26-1998)

17.74.040 - Planning commission action. ¶

The Planning Commission may grant a variance by majority vote, but only when all of the following conditions are found:

A.

That a hardship peculiar to the property and not created by any act of the owner exists. In this context, personal, family or financial difficulties, loss of prospective profits, and neighboring violations are not hardships justifying a variance. Further, a previous variance can never have set a precedent, for each case must be considered only on its individual merits;

B.

That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same zoning district and in the same vicinity, and that a variance, if granted, would not constitute a special privilege of the recipient not enjoyed by his neighbors;

C.

That the authorizing of such variance stall not be of substantial detriment to adjacent property and will not materially impair the purposes of this chapter or the public interest;

D.

That the condition or situation of the specific piece of property for which such variance is sought is not so general or recurrent in nature as to make reasonably practicable the formulation of a general regulation for such condition or situation.

(Ord. CS 538, 1984)

17.74.050 - Duration of variance. ¶

Unless specified other wise at the time the variance is granted, the variance applies to subject property for an indefinite time and is transferable to any future owner of subject property.

(Ord. CS 538, 1984)

17.74.060 - Appeal. ¶

Any person having standing to do so under the law, who is aggrieved by the Planning Commission's decision to grant or deny a variance, may appeal such decision in writing to the City Council within five calendar days from the date of the Planning Commission's action. The filing of an appeal shall stay all proceedings in furtherance of the action taken by the Planning Commission.

The matter of the appeal shall be heard by the City Council within 30 days from the date of filing thereof, and notice of the time and place for such hearing shall be mailed to the appellant and to the applicant if other than the appellant, not less than ten days prior to the date of such hearing.

At the hearing, the City Council shall review the record of the proceedings held by the Planning Commission and may take such additional evidence as it deems necessary, provided that in the event additional evidence is taken, the Council shall afford ample opportunity for opposing evidence to he presented.

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

(Ord. CS 538, 1984)

17.74.070 - Trade off.

Whenever the Planning Department deems it necessary for the preservation or promotion of the public health, safety or welfare, an up to ten percent adjustment of a requirement of this title with respect to signs, fences, building setback or parking requirements may be offered to achieve a design feature more desirable to the neighborhood. Such trade-off shall be subject to approval of the developer and the Planning Commission.

(Ord. CS 538, 1924)

17.74.080 - Appeal.

Any Planning Commission decision may be appealed to the Council as described in 17.74.060.

(Ord. CS 538, 1984)

CHAPTER 17.75 - SPECIFIC USES

17.75.010 - Rear dwellings. ¶

No building in the rear of a principal building on the same lot shall be used for residential purposes unless it conforms to all the lot area, yard and other open space and off-street parking requirements of this title. In addition, there must be provided for each rear dwelling an unoccupied and unobstructed access way not less than ten feet wide to a public street for not more than two dwelling units in such location, or one not less than 20 feet wide for three or more dwelling units.

(Prior Code § 10-3.2001)

17.75.020 - Dwelling units over garages. ¶

Buildings in which a dwelling unit or units are constructed over a garage may be allowed to occupy the required rear yard to within three feet of the property line if the rear lot line abuts an alley. All other yard and open space requirements must be observed.

(Prior Code § 10-3.2002)

17.75.030 - Private swimming pool. ¶

A private swimming pool shall be allowed as an accessory use in any "R" district if it fully complies with the following:

A.

The pool is intended and is to he used solely for the enjoyment of the occupants of the principle use of the property on which it is located.

B.

It may not be located closer than five feet to any property line of the property on which it is located.

C.

Every person in possession of land within the City either as owner, purchaser under contract, lessee, tenant, licensee or otherwise, upon which is situated a swimming pool, shall at all times maintain on the lot or premises upon which such swimming pool is located and completely surrounding such pool, or completely surrounding the premises upon which such pool is located, a fence or solid structure not less than six feet in height and having no opening therein (other than gates or doors as hereinafter provided) larger than six inches square, and of a type not readily climbed by children. Main and accessory buildings may be used for fencing purposes.

D.

All gates or doors opening through the solid enclosure required by Subsection C. shall, at all times, be equipped with a self-closing and self-latching date securely closed at all times when not in actual use. Such latching device must be so located as not to be easily accessible to small children; provided, however, that the door of any dwelling occupied by human beings and forming any part of the enclosure required by Subsection C. need not be so equipped.

E.

The provisions of Subsections C. and D. shall not apply to public swimming pools for which a charge or admission price is required to be paid for such use thereof, nor to swimming pools which are a part of and located upon the same premises as a hotel or motel, during the time that the owner, operator or adult employee of such owner or operator is present at and in active charge of the premises upon which such pool is located.

F.

Private pools of a prefabricated type erected entirely above grade and containing less than 5,000 gallon capacity shall be exempt from Subsection B of this section.

G.

Private pools of a prefabricated type erected entirely above grade and containing less than 750 gallons shall be exempt from the provisions of this chapter.

17.75.040 - Home occupations—Purpose. ¶

A.

The City of Atwater recognizes that there is a need for people to conduct certain businesses in or from their homes, but that these businesses may conflict with the residential character intended for residential zones. It is the intent of the City of Atwater to permit certain home occupations in residential units if they meet the following objectives:

1.

That the business be small scale, low key occupation, clearly incidental and secondary to the residential use, to be conducted totally within the dwelling.

2.

That the residential neighborhood is protected from excessive noise, traffic, nuisances, fire hazards and other possible effects of home occupations in residential zones.

3.

That the residential character is to be upheld, and that commercial activity such as buying and selling products on the premise is not permitted.

4.

That advertising is permitted to identify the business but not to encourage commercial activity at the residence.

B.

Conducting a home occupation shall be subject to the following conditions:

1.

One home occupation per residence is permitted. A second home occupation for the same location must be approved by the Planning Commission through a Public Hearing process.

2.

The occupation shall be conducted entirely by resident occupants and shall not employ any person who is not a resident when conducted within the residence.

3.

The total floor area used for the occupation including area for storage and supplies shall be limited to onefourth of the floor area of the main residence or 400 square feet whichever is smallest. With a second home occupation permit the Planning Commission may grant an additional 200 square feet.

4.

Storage of goods, materials or products connected with a home occupation is limited to the main residence, is subject to the floor area limitation, and shall not be allowed in accessory buildings.

5.

On premise commercial activity such as buying or selling a product directly to a customer is not permitted. Telephone or mail order sales are permitted.

6.

No internal or external alterations or construction features not customarily found in a dwelling shall be permitted.

7.

Mechanical equipment, dangerous or toxic materials not normally found in the home will not be permitted.

8.

The home occupation shall not produce offensive nuisances such as noise, glare, vibration, fumes or odor which are detectable to the neighborhood.

9.

There shall be no interior window displays or exterior advertising on the residential property.

10.

Advertising messages shall be limited to the name of the home occupation, phone number or post office box number and be limited to printed or published media.

11.

Such occupations shall not generate vehicular traffic not normally associated with residential use.

12.

Only one identified vehicle associated with the home occupation shall be permitted at the residence. There shall be no storage of equipment unless said equipment is contained with an enclosed structure. With a second home occupation permit the Planning Commission may grant an additional vehicle.

(Prior Code § 10-3.2004; Ord. CS 631, 1987; Ord. CS 801, 5-13-2002)

17.75.050 - Home occupations—Application. ¶

A.

Applications for home occupations shall be filed with the Planning staff upon forms and accompanied by such data as may be prescribed by the Planning Commission so as to assure the fullest practical presentation of facts for the permanent record.

B.

Each such application for any home occupation shall be accompanied by a fee payable to the City of Atwater upon approval.

C.

Planning staff shall review the application and issue the home occupation permit.

D.

Appeal of Decision of Planning Staff. If the applicant is dissatisfied by the decision of the Planning staff, applicant shall have the right to appeal to the Commission, and a hearing shall be held thereon after which the Commission may order issuance of the home occupation permit or it may withhold issuance of same if not satisfied that proposed home occupation is in the spirit of and in keeping with the provisions of this title.

E.

Appeal of Decision of Planning Commission. The Planning Commissions decision ultimately could be appealed to the City Council upon an appeal filing form and by paying the appropriate fee.

(Prior Code § 10-3.2005; Ord. CS 379, 1979; Ord. CS 696, 1993)

17.75.060 - Feed and fertilizer yards—Kennels and animal hospitals—Stables.

A.

Animal feed yards, fertilizer yards, commercial kennels for dogs and cats, riding academies and public stables shall not be closer than 500 feet to an R district or any hotel, motel or restaurant. Automobile and truck ingress and egress shall be provided and parking and loading spaces shall be designed to minimize traffic hazard and congestion. The proponent shall show that the odor, dust, noise or drainage shall not constitute a nuisance or a hazard to adjoining property or uses. No incineration of refuse shall be permitted on the premises.

B.

Veterinary offices and animal hospitals shall be a permitted use in each of the following zoning districts: Business Park Overlay, all Commercial Zones, and all Industrial Zones—M-1 and M-2.

(Prior Code § 10-3.2006; Ord. CS 943, § 1, 5-13-2013)

17.75.070 - Drive-in theaters. ¶

Drive-in theaters shall be located on an arterial or collector street and shall pro vide ingress and egress designed to minimize traffic hazard and congestion. They shall not be located nearer than 200 feet from any R district, and shall be so screened from such district that any noise, lights or lighted signs shall not disturb neighboring residents. No projection screen shall be visible from any arterial or collector street.

(Prior Code § 10-3.2007)

17.75.080 - Golf driving ranges. ¶

Golf driving ranges shall be located only on a major or secondary thoroughfare. The golf driving platform shall be not less than 200 feet from any adjacent R district. All lights used to illuminate the premises shall be so directed and shielded so as not to be an annoyance to any developed residential property.

(Prior code § 10-3.2008)

17.75.090 - Community buildings, social halls or clubs. ¶

Community buildings, social halls, lodges, fraternal organizations and other clubs in R districts are as follows:

A.

All buildings shall be a minimum of ten feet from the side lot lines and 20 feet from the rear lot line.

B.

There shall be no external evidence of any incidental commercial activities nor any access to any space used for such activity other than within the building.

C.

Any such use must be located on an arterial or collector street or be able to provide access without causing heavy traffic on local residential streets.

(Prior Code § 10-3.2009)

17.75.100 - Hospitals, churches or religious or eleemosynary institutions. ¶

Hospital, church or other religious or eleemosynary institution in an R district are as follows:

A.

Such institutions shall be located on an arterial or collector thoroughfare.

B.

A solid fence of not less than six feet shall be erected on any property line abutting an R district, except in required front yards.

C.

Minimum side and rear yards shall be ten feet.

(Prior Code § 10-3.2010)

17.75.110 - Salvage and wrecking yards. ¶

All salvage or wrecking operations shall be conducted entirely behind a solid wall or board fence not less than eight feet high. Materials shall not be stored above the height of the fences. The Planning Commission may require, among other special considerations, a planted barrier of trees or shrubs. No such operation shall be carried on within 500 feet of any R district or any district designated for future residential use in the Atwater general plan.

(Prior Code § 10-3.2011)

17.75.120 - Reserved. ¶

Editor's note— Ord. CS 995, § 3, adopted May 14, 2018, repealed § 17.75.120, which pertained to marijuana cultivation, nursery, manufacturing, testing, transportation and distribution and derived from Ord. CS 982, § 5, 10-23-2017.

CHAPTER 17.78 - NONCONFORMING USES

17.78.010 - Existing uses. ¶

Any use other than those enumerated in Sections 17.78.070 and 17.78.080 existing on the effective date of the ordinance codified in this title, whether housed in a structure or existing outside of a structure, which does not comply or agree with uses permitted by this chapter at the location of such uses, is a nonconforming use. Such use shall be permitted to continue until such time as:

A.

A major portion (50 percent or more of appraised value) of any structure within which such use is conducted is destroyed by any cause;

B.

The use is discontinued or abandoned for a period of 365 days or more.

(Prior Code § 10-3.2201)

17.78.020 - Abandonment or discontinuance of nonconforming use. ¶

In event of abandonment or discontinuance of a nonconforming use for a period of 365 days or more, the structure housing such nonconforming use shall not be used again except for the use permitted in the zone wherein such structure is located and then only if the structure meets all requirements of the building code for structures designed for such conforming uses.

(Prior Code § 10-3.2202)

17.78.030 - Repairs and alterations to nonconforming building. ¶

Repairs and alterations may be made to a nonconforming building provided that in a building or structure which is nonconforming as to use regulations, no structural alteration shall be made except those required by law or ordinance.

(Prior Code § 10-3.2203)

17.78.040 - Additions and enlargements to nonconforming building.

A building nonconforming as to use regulations shall not be added to or enlarged in any manner unless such building, including such additions and enlargements, is made to conform to all of the regulations of this chapter pertaining to the land use district in which it is located.

(Prior Code § 10-3.2204)

17.78.050 - Expanding or extending nonconforming building. ¶

A nonconforming use of a building, conforming to the use regulations, shall not be expanded or extended into any other portion of such building or changed except to a conforming use. If such a nonconforming use or portion thereof is discontinued or changed to a conforming use, any future use of such building or portion thereof shall be in conformity with the regulations of the land use district in which such building is located.

(Prior Code § 10-3.2205)

17.78.060 - Expansion of nonconforming use—Conditional use status.

A.

Nonconforming uses existent on October 8, 1956, shall not be expanded or extended except as to make the use conform to the provisions of this chapter; provided, how ever, that nonconforming commercial or professional uses in residential land use districts may, upon petition of the owner thereof, or his duly authorized agent, be granted conditional use status, with such conditions as to modifications, expansion, extension or use attached thereto as may be deemed essential to protect the abutting residential areas. Such use permit may be granted by the council on the recommendation of the Planning Commission. Conditional use status may be granted only to those nonconforming uses which, after a public hearing notice in the manner required by Chapter 17.84, are found by the Planning Commission not to have an adverse or blighting effect on the neighborhood in which they are located and which are not in conflict with the spirit of this chapter.

B.

The granting of a use permit for such nonconforming uses shall be further subject to the adopted Residential, Commercial & Industrial design guidelines as described elsewhere in this title. As a condition of architectural control approval, the Community Development Director or designee, or Planning Commission, as the case may be, may require alterations of the structure, extension of landscaping and shrub planting to a degree which would best integrate the nonconforming commercial or professional use into the residential district of which it is a part.

C.

Existing nonconforming uses may be reconstructed, repaired or enlarged.

(Prior Code § 10-3.2206; Ord. CS. 805, 8-12-2002; Ord. CS 1059, § 1, 3-27-2023)

17.78.070 - Required removal of nonconforming mobile homes, travel trailers, camp cars and campers. ¶

Mobile homes, travel trailers, camp cars and campers lawfully located within the City immediately prior to the effective date of Sections 17.12.160 through 17.12.180 may be maintained for 12 months, although existence of such mobile home, travel trailer, camp car and camper does not conform to the provisions of Sections 17.12.160 through 17.12.180; provided that all such nonconforming mobile homes, travel trailers, camp cars and campers shall be relocated or removed from such nonconforming location not later than 12 months from the effective date of Sections 17.12.160 through 17.12.180.

(Prior Code § 10-3.2207)

17.78.080 - Military housing. ¶

Upon vacation of the military housing units within the City by active United States Air Force personnel, said units shall not be entitled to an occupancy permit until said unit, and the land upon which they are located are in full compliance with all the provisions of this title and all resolutions and ordinances adopted under the authority of this title.

Said facilities comprise approximately 1,000 residential units, bounded on the north by Bellevue Road, on the east by Buhach Road, and on the south by Juniper Avenue. These facilities are commonly known as Castle Vista and Castle Gardens.