Atwater City Council
October 27, 2025

In-person participation by the public will be permitted. In addition, remote public participation is available in the following ways:
o Livestream online at www.atwater.org (Please be advised that there is a broadcasting delay. If you would like to participate in public comment, please use the option below).
o Submit a written public comment prior to the meeting: Public comments submitted to [email protected] by 4:00 p.m. on the day of the meeting will be distributed to the City Council, and made part of the official minutes but will not be read out loud during the meeting.

Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Persons requesting accommodation should contact the City in advance of the meeting, and as soon as possible, at (209) 357-6241.

CITY OF ATWATER
City Council
AGENDA
Council Chambers
750 Bellevue Road
Atwater, California
October 27, 2025
REGULAR SESSION: (Council Chambers)
CALL TO ORDER: 6:00 PM
INVOCATION:

PLEDGE OF ALLEGIANCE TO THE FLAG:

ROLL CALL: (City Council)
Ambriz ____, Cale ____, Raymond ____, Rochester ____, Nelson _____

City Council Agenda for Meeting of October 27, 2025 Page 2 SUBSEQUENT NEED ITEMS: (The City Clerk shall announce any requests for items requiring immediate action subsequent to the posting of the agenda. Subsequent need items require a two-thirds vote of the members of the City Council present at the meeting.)
APPROVAL OF AGENDA AS POSTED OR AS AMENDED: (This is the time for the City Council to remove items from the agenda or to change the order of the agenda.) PRESENTATIONS:
• Monthly report by Merced County District 3 Supervisor McDaniel CONSENT CALENDAR:

NOTICE TO THE PUBLIC
Background information has been provided on all matters listed under the Consent Calendar, and these items are considered to be routine. All items under the Consent Calendar are normally approved by one motion. If a Councilmember requests separate discussion on any item, that item will be removed from the Consent Calendar for separate action.

WARRANTS

1. October 27, 2025
Staff's Recommendation: Receive and file the report as listed.

MINUTES: (City Council)

2. a.) September 22, 2025 — Regular meeting
b.) September 30, 2025 — Special meeting
Staff's Recommendation: Approval of minutes as listed.

RESOLUTIONS:

3. Approving Bargaining Unit Modification to Combine City's Clerical and Miscellaneous Bargaining Units, and Approving Consolidated Memorandum of Understanding (MOU) for Newly Combined Unit (Human Resources Director Sousa)
Staff's Recommendation: Adoption of Resolution No. 3575-25 approving Bargaining Unit Modification to Combine City’s Clerical and Miscellaneous Bargaining Units, and Approving Consolidated Memorandum of Understanding (MOU) for Newly Combined Unit.

AGREEMENTS:

4. Approving Amendment No.1 to Task Order No.1 between City of Atwater and CCME, Inc. for the Race Communication Fiber Installation Project (City Manager Hoem)
Staff's Recommendation: Adoption of Resolution No. 3576-25 approving Amendment No.1 with CCME, Inc., in a form approved by

City Council Agenda for Meeting of October 27, 2025 Page 3 the City Attorney, by increasing the not-to-exceed amount by an additional $100,000 for Race Communication Fiber Installation Project; and authorizing the City Manager to execute Amendment No.1 on behalf of the City.

5. Approving an Encroachment Agreement between the City of Atwater and Mohan S. Sodhi and Juginder K. Sodhi for Use and Improvement of the City Alley and Drain Ditch Area Adjacent to APN 001-011-004 (City Manager Hoem)
Staff's Recommendation: Adoption of Resolution No. 3577-25 approving an Encroachment Agreement between the City of Atwater and Mohan S. Sodhi and Juginder K. Sodhi, in a form approved by the City Attorney, for the use and improvement of the City alley and drain ditch area adjacent to APN 001-011-004; and authorizes and directs the City Manager to execute the agreement on behalf of the City.

6. Approving a Purchase Agreement (Purchase Order) with Axon Enterprise, Inc. for Two (2) Fleet 3 cameras for New Patrol Cars (Police Chief McEachin)
Staff's Recommendation: Approves a Purchase Agreement
(Purchase Order) with Axon Enterprise, Inc. of Scottsdale, Arizona for two (2) Axon Fleet 3 cameras to be installed into new patrol vehicles, in the total amount of $60,479.43: and authorizes and directs the City Manager to execute the Agreement (Purchase Order) on behalf of the City.
***END OF CONSENT CALENDAR***
PUBLIC HEARINGS:

7. Waive the First Reading by Title only, and Introduce an Ordinance Amending Chapter 2.44.050 Emergency Organization (CAL Fire Battalion Chief Randol)
Staff's Recommendation: Open the public hearing and receive any testimony from the public; and
Close the public hearing; and
Motion to waive the first reading by title only, and introduce Ordinance No. CS 1074 Amending Chapter 2.44.050 of the Atwater Municipal Code to Maintain Consistency regarding Emergency Organization.

Motion to approve staff's recommendation as presented.

8. Waive the First Reading by Title only, and Introducing an Ordinance Repealing and Re-enacting Title 15, "Buildings and Construction" of the Atwater Municipal Code, and setting a Public Hearing Date (City Manager Hoem)
Staff's Recommendation: Open the public hearing and receive any testimony from the public; and
Close the public hearing; and

City Council Agenda for Meeting of October 27, 2025 Page 4 Motion to waive the first reading by title only, and introduce Ordinance No. CS 1075 Repealing and Re-enacting Title 15 "Buildings and Construction" of the Atwater Municipal Code, and setting a public hearing date for adoption of Ordinance No CS 1075 on November 10, 2025; or
Motion to approve staff's recommendation as presented.

9. Waive the First Reading by Title only and Introduce an Ordinance amending Chapter 17.16 “Low Density Residential Districts” of the Atwater Municipal Code to adjust the Minimum Lot Depth (City Manager Hoem)
Staff's Recommendation: Open the public hearing and receive any testimony from the public; and
Close the public hearing; and
Motion to waive the first reading by title only, and introduce Ordinance No. CS 1076 amending Chapter 17.16 “Low Density Residential Districts” of the Atwater Municipal Code to adjust the Minimum Lot Depth in Section 17.16.050 of this chapter and add definitions for knuckle lots and cul-de-sac lots in Chapter 17.06); or
Motion to approve staff's recommendation as presented.

COMMENTS FROM THE PUBLIC:

NOTICE TO THE PUBLIC
At this time any person may comment on any item which is not on the agenda. You may state your name and address for the record; however, it is not required. Action will not be taken on an item that is not on the agenda. If it requires action, it will be referred to staff and/or placed on a future agenda. Please limit comments to a maximum of three (3) minutes.

CITY COUNCIL REPORTS/UPDATES:
• City Council Member Cale, District 1
• City Council Member Rochester, District 2
• City Council Member Ambriz, District 3
• City Council Member Raymond, District 4
• Mayor Nelson
CITY MANAGER REPORTS/UPDATES:

10. Update from the City Manager

City Council Agenda for Meeting of October 27, 2025 Page 5 CLOSED SESSION:
• Conference with Legal Counsel - Existing Litigation - Government Code Section 54956.9(d)(1): Name of case: City of Atwater v. Robert Hugo Carbajal, et al. (Merced County Superior Court, Case No. 23CV-00807) MAYOR OR CITY ATTORNEY REPORT OUT FROM CLOSED SESSION:

ADJOURNMENT:

CERTIFICATION:

I, Kory J. Billings, City Clerk of the City of Atwater, do hereby certify that a copy of the foregoing agenda was posted at City Hall a minimum of 72 hours prior to the meeting. _______________________________
KORY J. BILLINGS

CITY CLERK
SB 343 NOTICE
In accordance with California Government Code Section 54957.5, any writing or document that is a public record, relates to an open session agenda item and is distributed less than 72 hours prior to a regular meeting will be made available for public inspection in the office of the City Clerk during normal business hours at 1160 Fifth Street, Atwater, California.

If, however, the document or writing is not distributed until the regular meeting to which it relates, then the document or writing will be made available to the public at the location of the meeting, as listed on this agenda at 750 Bellevue Road, Atwater, California.

In compliance with the federal Americans with Disabilities Act of 1990, upon request, the agenda can be provided in an alternative format to accommodate special needs. If you require special accommodations to participate in a City Council, Commission or Committee meeting due to a disability, please contact the City Clerk’s Office a minimum of three (3) business days in advance of the meeting at (209) 357-6241. You may also send the request by email to [email protected] .

Unless otherwise noted, City Council actions include a determination that they are not a “Project” within the meaning of the California Environmental Quality Act (CEQA), and therefore, that CEQA does not apply to such actions.

LEVINE ACT PUBLIC PARTY/APPLICANT DISCLOSURE OBLIGATIONS:

Applicants, parties, and their agents who have made campaign contributions totaling more than $250 (aggregated) to a Councilmember over the past 12 months, must publicly disclose that fact for the official record of that agenda item. Disclosures must include the amount of the campaign contribution aggregated, and the name(s) of the campaign contributor(s) and Councilmember(s). The disclosure may be made either in writing to the City Clerk prior to the agenda item consideration, or by verbal disclosure at the time of the agenda item consideration.

The foregoing statements do not constitute legal advice, nor a recitation of all legal requirements and obligations of parties/applicants and their agents. Parties and agents are urged to consult with their own legal counsel regarding the requirements of the law.

City Council Agenda for Meeting of October 27, 2025 Page 6

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CITY OF ATWATER
Minutes

CITY COUNCIL

ACTION MINUTES
September 22, 2025
Council Chambers – 750 Bellevue Road, Atwater, California

CALL TO ORDER
The City Council meeting was called to order at 6:00 PM.

ROLL CALL

Present: Mayor Nelson, Mayor Pro Tem Cale, Council Members Ambriz, Raymond, Rochester

Absent: None
INVOCATION:

Provided by Police Chaplain Don Borgwardt.

PLEDGE OF ALLEGIANCE:

Led by City Clerk Billings.

SUBSEQUENT NEED ITEMS: None
APPROVAL OF AGENDA:

Motion to approve the agenda as posted.

MOTION: Raymond
SECOND: Rochester
VOTE: Motion passed unanimously.

PRESENATIONS:
• Monthly report by Merced County District 3 Supervisor McDaniel

City Council Meeting Action Minutes for September 22, 2025 Page 2

CONSENT CALENDAR
Item Removed for Separate Consideration and Discussion: Item 5.

Motion to approve Consent Calendar as amended.

MOTION: Cale
SECOND: Raymond
VOTE: Motion passed unanimously.

Approved Items:
• Item 1: Treasurer’s Report – July 31, 2025
• Item 2: Warrants – September 22, 2025
• Item 3: City Council Minutes – August 11, 2025 (Regular Meeting) • Item 4: Resolution No. 3569-25 Approving a General Services Agreement with Joe's Landscaping and Concrete Inc. for Landscape Maintenance Services in Landscape Maintenance
Motion to approve Item 5.

Adoption of Resolution No. 3570-25 opposing California Proposition 50 and directing the City Clerk's office to transmit copies of the Resolution to the Governor of California and the California Secretary of State.

MOTION: Raymond
SECOND: Cale
NOES: Rochester, Ambriz
VOTE: Motion passed.

PUBLIC HEARINGS:

Waive the First Reading by Title only, and introduce an Ordinance Approving Zoning Ordinance Text Amendment No. 25-09-0100 Amending Chapter 17.71 "Conditional Use Permit" of the Atwater Municipal Code
Public Hearing was opened, and comments were received.

MOTION: Council Member Raymond motioned waive the first reading by title only and introduce Ordinance No. CS 1073 approving Zoning Ordinance Text Amendment No. 25-09-0100 amending Chapter 17.71 "Conditional Use Permit" of the Atwater Municipal Code; seconded by Mayor Pro Tem Cale.

VOTE: Motion passed unanimously.

City Council Meeting Action Minutes for September 22, 2025 Page 3 REPORTS AND PRESETATIONS FROM STAFF:

Adopting the City of Atwater Public Safety Master Plan
MOTION: Council Member Rochester motioned to receive and file the City of Atwater Public Safety Master Plan as prepared by Griffin Structures, Inc; and for Fire and Police to report back on statistical data for one full year before the end of the 2025 calendar year; seconded by Council Member Raymond.

VOTE: Motion passed unanimously.

Vacant Commercial Building and Property Ordinance or Enhanced Enforcement of the Atwater Municipal Code
MOTION: Council Member Raymond motioned to direct staff to prioritize enhanced enforcement of the existing provisions of the Atwater Municipal Code related to property maintenance, nuisance abatement, and commercial blight; and prepare and present a fiscal analysis outlining the costs associated with adding one (1) additional Code Enforcement Officer position; seconded by Council Member Rochester.

VOTE: Motion passed unanimously.

Discussion and Possible Action on Modifying the Review Process for the City's Warrant Register
MOTION: Council Member Rochester motioned to receive and file the City’s warrant register and part of the Consent Calendar; seconded by Council Member Raymond.

VOTE: Motion passed unanimously.

COMMENTS FROM THE PUBLIC
Public comments were received regarding elected official updates, public safety staffing, public safety tax measure, city staff, and community events upcoming and past.

COUNCIL MATTERS
Council Members and Mayor provided individual updates.

CITY MANAGER REPORT
Update provided by City Manager Hoem.

City Council Meeting Action Minutes for September 22, 2025 Page 4

CLOSED SESSION
Pursuant to Government Code Section 54956.8, Conference with Real Property Negotiations regarding property price and terms of payment. Agency Negotiators:

City Manager Hoem and Public Works Director Vinson. Negotiating Parties:

National Retail Properties, LP Property Location: 303 E. Bellevue Road, Atwater, CA 95301 APN 156-060-011
Conference with Legal Counsel — Existing Litigation — Government Code § 54956.9(d)(1)) Name of cases: US Bankruptcy Court, Southern District of New York Case. No. 19-23649 and US District Court, Northern District of Ohio Eastern Division Case No. 1:17-md-2804 (National Opioid Class Action Settlements) Pursuant to Government Code Section 54957, Public Employee Performance Evaluation; Title: City Manager
REPORT OUT FROM CLOSED SESSION:

City Attorney reported the City Council convened on the three Closed Session items received information were provided direction and there was no reportable action.

ADJOURNMENT
The meeting adjourned at 10:27 PM.

APPROVED:
________________________________
MICHAEL G. NELSON
MAYOR
ATTEST:
_______________________________

JANELL MARTIN

ASSISTANT CITY CLERK

CITY OF ATWATER
Minutes

SPECIAL MEETING

CITY COUNCIL

ACTION MINUTES
September 30, 2025
Council Chambers – 750 Bellevue Road, Atwater, California

CALL TO ORDER
The City Council meeting was called to order at 5:30 PM.

ROLL CALL

Present: Mayor Nelson, Mayor Pro Tem Cale, Council Members Ambriz, Raymond, Rochester

CLOSED SESSION
Pursuant to Government Code Section 54956.8, Conference with Real Property Negotiations regarding property price and terms of payment. Agency Negotiators:

City Manager Hoem and Public Works Director Vinson. Negotiating Parties: Ferrari Ranch Property Location: APN 005-120-045 and 005-120-046.

There was no Public Comment.

REPORT OUT FROM CLOSED SESSION:

Mayor Nelson reported directions given to staff and there was no reportable action.

ADJOURNMENT
The meeting adjourned at 6:12 PM.

Special City Council Meeting Action Minutes for September 30, 2025 Page 2 APPROVED:
________________________________
MICHAEL G. NELSON
MAYOR
ATTEST:
_______________________________

JANELL MARTIN

ASSISTANT CITY CLERK

CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

October 27, 2025
TO: Mayor and City Council
FROM: Jana Sousa, Human Resources Director

PREPARED
BY:

Jana Sousa, Human Resources Director
SUBJECT: Approving Bargaining Unit Modification to Combine City's Clerical and Miscellaneous Bargaining Units, and Approving Consolidated Memorandum of Understanding (MOU) for Newly Combined Unit (Human Resources Director Sousa)

RECOMMENDED COUNCIL ACTION
Adoption of Resolution No. 3575-25 approving Bargaining Unit Modification to Combine City’s Clerical and Miscellaneous Bargaining Units, and Approving Consolidated Memorandum of Understanding (MOU) for Newly Combined Unit.

I. BACKGROUND/ANALYSIS:

The City of Atwater (“City”) and the Atwater Miscellaneous Employees Unit American Federation of State, County, and Municipal Employees (AFSCME), Local 2703, Council 57, entered into its most recent Memorandum of Understanding (MOU) with an effective date of July 1, 2022. The term of the current MOU expires on June 30, 2027.

Currently, the City maintains two (2) separate employee bargaining units (Clerical and Miscellaneous) both represented by AFSCME, Local 2703, Council 57. Each unit has historically operated under its own MOU with the City, requiring separate negotiation processes for contract renewals, side letters, and related labor relations matters.

Representatives from both bargaining units and the City have engaged in discussions regarding opportunities to improve efficiency and strengthen representation through consolidation. As a result of these collaborative discussions, both the Clerical and Miscellaneous Units have agreed to modify their existing structures and combine into a single bargaining unit, as reflected in the attached resolution, which includes side letters from each unit.

The City supports this consolidation, finding that it maintains fair and equitable representation for employees while providing administrative benefits to both the City and AFSCME. Specifically, consolidation will streamline the meet-and-confer process and reduce administrative complexity during future labor negotiations.

CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Brian Raymond
John Cale Kalisa Rochester

Agenda Report - Approving Bargaining Unit Modification to Combine City's Clerical and Miscellaneous Bargaining Units, and Approving Consolidated Memorandum of Understanding (MOU) for Newly Combined Unit (Human Resources Director Sousa) Page 2

Upon approval of this resolution, a newly updated MOU will take effect for the consolidated unit, incorporating the terms of the side letters and ensuring a smooth transition from two (2) separate units to a unified structure. The proposed modification does not result in any loss of representation, changes to employee status, or material alterations to wages or benefits. Instead, it aligns representation under a single MOU to promote efficiency and consistency in City operations.

II. FISCAL IMPACTS:

No fiscal impact. This item has been reviewed by the Finance Department.

III. LEGAL REVIEW:

This item has been reviewed by the City Attorney’s Office.

IV. EXISTING POLICY:

N/A
V. ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

The Human Resources Director has worked closely with the City Manager’s Office to present this item to the City Council for action.

VII. PUBLIC PARTICIPATION:

The public will have an opportunity to provide comments on this item prior to City Council action.

VIII. ENVIRONMENTAL REVIEW:

This item is not a “project” under the California Environmental Quality Act (CEQA) as employment agreements would not cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to Public Resources Code section 21065.

IX. STEPS FOLLOWING APPROVAL:

Upon approval of the resolution, staff will route the side letters and MOU for final signatures.

Submitted by:

Agenda Report - Approving Bargaining Unit Modification to Combine City's Clerical and Miscellaneous Bargaining Units, and Approving Consolidated Memorandum of Understanding (MOU) for Newly Combined Unit (Human Resources Director Sousa) Page 3

Jana Sousa, Human Resources Director
Approved by:

Chris Hoem, City Manager
Attachments:

1. Unit Modification Resolution

CITY COUNCIL
OF THE

CITY OF ATWATER
RESOLUTION NO. XXXX-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ATWATER APPROVING BARGAINING UNIT MODIFICATION
TO COMBINE CITY’S CLERICAL AND MISCELLANEOUS

BARGAINING UNITS, AND APPROVING CONSOLIDATED

MEMORANDUM OF UNDERSTANDING (MOU) FOR NEWLY

COMBINED UNIT
WHEREAS, the City currently has a Clerical Employee bargaining unit and a Miscellaneous Employee bargaining unit, both of which are separately represented by American Federation of State, County, and Municipal Employees (AFSCME), Local 2703, Council 57 as their recognized exclusive representatives; and WHEREAS, the Clerical unit and Miscellaneous unit have agreed to modify their respective units to consolidate their two bargaining units with the terms set forth in the attached side letters;
WHEREAS, the City agrees that, although there are some differences in the two existing units’ positions, there currently exists enough community of interest among the two units’ positions such that consolidation is not inappropriate; WHEREAS, the City also benefits from the consolidation in that it reduces the number of units with which the City must meet and confer during the negotiations cycle; and WHEREAS, a newly updated Memorandum of Understanding (MOU) will take effect with the approval of the attached Miscellaneous Unit side letter.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Atwater approves “Exhibit A” and “Exhibit B”, attached hereto and made a part herein, which set forth unit modifications for the Clerical and Miscellaneous units by consolidating the two units effective as of the date of the City Council’s approval of this Resolution.

BE IT FURTHER RESOLVED that the City Manager is hereby authorized to make revisions, corrections, or alterations to the text of the Agreements described in “Exhibit A” and “Exhibit B” to correct typographical errors so long as it does not substantially change content.

Resolution No. XXXX-25 Page 2
The foregoing resolution is hereby adopted this 27th day of October 2025.

AYES:

NOES:

ABSENT:

APPROVED:
________________________________

MIKE NELSON, MAYOR
ATTEST:
_______________________________
KORY J. BILLINGS, CITY CLERK

CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

October 27, 2025
TO: Mayor and City Council
FROM: Christopher Hoem, City Manager

PREPARED
BY:

Jim Vang, Civil Engineering Assistant
SUBJECT: Approving Amendment No.1 to Task Order No.1 between City of Atwater and CCME, Inc. for the Race Communication Fiber Installation Project (City Manager Hoem)

RECOMMENDED COUNCIL ACTION
Adoption of Resolution No. 3576-25 approving Amendment No.1 with CCME, Inc., in a form approved by the City Attorney, by increasing the not-to-exceed amount by an additional $100,000 for Race Communication Fiber Installation Project; and authorizing the City Manager to execute Amendment No.1 on behalf of the City.

I. BACKGROUND/ANALYSIS:

In February 2025, the City and CCME executed Task Order No.1 under the On-Call Professional Services (dated 11-13-23) for construction services for Race Communication Fiber Installation Project. Race Communication is constructing a highspeed fiber-optic network in the community. CCME reviews the plans related to the encroachment permits and provides constructability reviews. They also provide construction observation services, along with support staff as needed during construction. CCME’s tasks are as follows:
-Preconstruction services include preconstruction documentation, plan review, and attend preconstruction meetings.
-During construction services include project documentation and administration, attend progress meetings, communication and integration with city staff, construction observation and field inspection, material testing.
-Post Construction Services included punch list and acceptance and as-built drawing.

Amendment No.1 is increasing the construction services budget by $100,000 for a total compensation not to exceed $281,609.03, to cover the remaining portion during construction and the post construction services. Race Communication is in construction and anticipated to be completed in the first quarter of 2026.

II. FISCAL IMPACTS:

Any costs associated with this task order are paid through a liability deposit paid by

CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Brian Raymond
John Cale Kalisa Rochester

Agenda Report - Approving Amendment No.1 to Task Order No.1 between City of Atwater and CCME, Inc. for the Race Communication Fiber Installation Project (City Manager Hoem) Page 2

Race Communication.

This item has been reviewed by the Finance Director.

III. LEGAL REVIEW:

This item was reviewed by the City Attorney’s Office.

IV. EXISTING POLICY:

This item is consistent with goal number one (1) of the City's Strategic Plan; to ensure the City's continued financial solvency.

V. ALTERNATIVES:

VI. INTERDEPARTMENTAL COORDINATION:

VII. PUBLIC PARTICIPATION:

The public will have an opportunity to provide comments on this item prior to City Council action.

VIII. ENVIRONMENTAL REVIEW:

This project is Categorically Exempt (CE) pursuant to the California Environmental Quality Act (CEQA) guidelines, Section 15301, “Existing Facilities” Class1(c): Operation, repair, maintenance, or minor alteration to existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities.

IX. STEPS FOLLOWING APPROVAL:

Upon City Council Approval, City Council will direct the City Manager or his designee to execute Amendment No.1 with CCME Inc.

Approved and submitted by:

Chris Hoem, City Manager
Attachments:

1. Resolution XXXX-25 Amendment No. 1 to Task Order No. 1 with CCME

2. Amendment 1 to Task Order No.1 CCME

Agenda Report - Approving Amendment No.1 to Task Order No.1 between City of Atwater and CCME, Inc. for the Race Communication Fiber Installation Project (City Manager Hoem) Page 3

CITY COUNCIL
OF THE

CITY OF ATWATER
RESOLUTION NO. XXXX-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATWATER APPROVING AMENDMENT NO. 1 TO TASK
ORDER NO. 1 WITH CCME, INC. FOR THE RACE

COMMUNICATION FIBER INSTALLATION PROJECT
WHEREAS, the Parties entered into the On-Call Professional Services Agreement dated November 13, 2023 (“Original Agreement”); and
WHEREAS, On February 27, 2025, the parties executed Task Order No.1 for construction management services for the Race Communication Fiber Installation Project. CCME’s tasks include preconstruction services, during construction services, and post construction services;
WHEREAS, the Parties desire to amend Task Order No.1 for the purpose of increasing the total not-to-exceed amount due to the extension of the project; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atwater does hereby approve Amendment No. 1 with CCME, Inc., in a form approved by the City Attorney, by increasing the not-to-exceed amount by an additional $100,000; and authorizes and directs the City Manager or his designee to execute all contract documents on behalf of the City.

The foregoing resolution is hereby adopted this 27th day of October 2025.

AYES:

NOES:

ABSENT:

APPROVED:

________________________________

MIKE NELSON, MAYOR
ATTEST:
_______________________________
KORY J. BILLINGS, CITY CLERK

82741.01000\34486531.2

AMENDMENT NO. 1
TO TASK ORDER NO. 1

BETWEEN

CITY OF ATWATER
AND
CCME, INC.

This First Amendment to Task Order No. 1 (“Amendment No. 1”) is made and entered into as of this ___day of _________, 2025, by and between City of Atwater (“City”) and CCME, Inc. (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”
Recitals
A. Existing Agreement. The Parties have entered into an agreement entitled “On-Call Professional Services Agreement” dated 11/13/2023 (“Original Agreement”) incorporated herein by reference as if fully set forth herein, for the purpose of City retaining Contractor to provide the services described therein.

B. Amendment Purpose. City and Contractor wish to amend the Task Order No. 1 issued from the Original Agreement for On-Call Professional Services (collectively, the “Existing Agreement”) to increase the construction management services budget.

C. Amendment Authority. This First Amendment to Task Order No. 1 is authorized pursuant to Section 8.3 of the Original Agreement.

Amendment
Now therefore, the Parties hereby modify the Existing Agreement as follows:

1. Definitions. All capitalized terms used in this First Amendment not defined in this First Amendment shall have the same meaning as set forth in the Existing Agreement.

2. Task Order No. 1 is hereby modified with the following:
1) Increase Dollar Amount of Task order No.1 by $100,000 for a total compensation not to exceed $281,609.03.

3. Continuing Effect of Agreement. All provisions of the Original Agreement and the Existing Agreement otherwise remain in full force and effect and are reaffirmed. From and after the date of this Frist Amendment, whenever the term “Agreement” appears in the Existing Agreement, it shall mean the Existing Agreement as amended by this First Amendment.

4. Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this First Amendment.

82741.01000\34486531.2

5. Severability. If any portion of this Frist Amendment is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

CITY OF ATWATER
Approved By:

____________

Date
CCME, INC.

Approved By:

____________

Date

CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

October 27, 2025
TO: Mayor and City Council
FROM: Christopher Hoem, City Manager

PREPARED
BY:

Scott Ruffalo, Assistant Planner
SUBJECT: Approving an Encroachment Agreement between the City of Atwater and Mohan S. Sodhi and Juginder K. Sodhi for Use and Improvement of the City Alley and Drain Ditch Area Adjacent to APN 001-011-004 (City Manager Hoem)

RECOMMENDED COUNCIL ACTION
Adoption of Resolution No. 3577-25 approving an Encroachment Agreement between the City of Atwater and Mohan S. Sodhi and Juginder K. Sodhi, in a form approved by the City Attorney, for the use and improvement of the City alley and drain ditch area adjacent to APN 001-011-004; and authorizes and directs the City Manager to execute the agreement on behalf of the City.

I. BACKGROUND/ANALYSIS:

The City has received a request from property owners Mohan S. Sodhi and Juginder K.

Sodhi (Permittee) to install and maintain improvements within City-owned right-of-way areas adjacent to their property at 1911 Atwater Blvd. (Assessor’s Parcel No. 001-111- 004). The proposed improvements include pavement and striped walkways, a trash enclosure, parking improvements, and a drive-through within the existing alley.

To facilitate this development while protecting the City’s interests, staff and the City Attorney's office have prepared an Encroachment Agreement that:

1. Grants the Permittee the right to construct and maintain the specified improvements;

2. Requires maintenance of insurance and indemnification to protect the City from liability;

3. Allows the City access to the right-of-way and requires relocation of improvements if they interfere with City operations; and

4. Runs with the land, binding current and future property owners, with termination provisions to ensure removal and restoration if necessary.

CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Brian Raymond
John Cale Kalisa Rochester

Agenda Report - Approving an Encroachment Agreement between the City of Atwater and Mohan S. Sodhi and Juginder K. Sodhi for Use and Improvement of the City Alley and Drain Ditch Area Adjacent to APN 001-011-004 (City Manager Hoem) Page 2

The agreement provides a clear framework for the Permittee to proceed with the proposed development application while preserving the City’s rights and ensuring that any impacts to the right-of-way are addressed. Staff recommends approval of the Encroachment Agreement.

II. FISCAL IMPACTS:

There is no direct cost to the City associated with this Encroachment Agreement. All construction, maintenance, and potential relocation of the improvements within the rightof-way will be the responsibility of the Permittee. The agreement requires the Permittee to carry general liability and workers’ compensation insurance naming the City as additional insured, which mitigates potential financial risk to the City. In the event the Permittee fails to comply with removal or restoration obligations upon termination, the City may recover costs, including legal fees, from the Permittee.

III. LEGAL REVIEW:

This item has been reviewed by the City Attorney's office.

IV. EXISTING POLICY:

This item supports two objectives in the City's Strategic Plan, including #2 "Promote Safety, Stability, and Quality of Life" and #5 "Promote Economic Development".

V. ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

This item has been coordinated with all relevant departments.

VII. PUBLIC PARTICIPATION:

The public will have an opportunity to comment on this item prior to City Council action.

VIII. ENVIRONMENTAL REVIEW:

The proposed Encroachment Agreement is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 (In-Fill Development Projects) of the CEQA Guidelines. The improvements are located within the City’s urbanized area on land that is already served by existing public utilities and infrastructure, are consistent with the General Plan and zoning designations, and would not result in any significant effects related to traffic, noise, air quality, or water quality. Therefore, no further environmental review is required.

IX. STEPS FOLLOWING APPROVAL:

Following approval of the encroachment agreement, the City Manager will execute the agreement on behalf of the City.

Agenda Report - Approving an Encroachment Agreement between the City of Atwater and Mohan S. Sodhi and Juginder K. Sodhi for Use and Improvement of the City Alley and Drain Ditch Area Adjacent to APN 001-011-004 (City Manager Hoem) Page 3

Approved and submitted by:

Chris Hoem, City Manager
Attachments:

1. XXXX-25 Sodhi Encroachment Agreement

2. Sodhi Encroachment Agreement

RESOLUTION NO. XXXX-25

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ATWATER APPROVING AN

ENCROACHMENT AGREEMENT BETWEEN THE
CITY OF ATWATER AND MOHAN S. SODHI AND
JUGINDER K. SODHI FOR USE AND

IMPROVEMENT OF THE CITY ALLEY AND DRAIN
DITCH AREA ADJACENT TO ASSESSOR’S
PARCEL NUMBER 001-011-004
WHEREAS, the City of Atwater (“City”) is the owner of certain public right-of-way areas including a strip of land designated “Drainage Ditch” and an alley adjacent to Assessor’s Parcel Number (“APN”) 001-011-004, as described in Exhibit A-1 and depicted in Exhibit A-2 of the attached Encroachment Agreement, which is incorporated herein; and WHEREAS, the property owners, Mohan S. Sodhi and Juginder K. Sodhi (“Permittee”), have requested authorization to install and maintain certain improvements within portions of said right-of-way areas in connection with development of their property located at 1911 Atwater Boulevard (APN 001-111-004); and
WHEREAS, the proposed improvements include a public pedestrian and bicycle connector, pavement and striped walkways, a trash enclosure, parking improvements, and a drive-through, collectively referred to as the “Improvements”; and WHEREAS, the Encroachment Agreement grants the Permittee permission to construct and maintain the Improvements within the defined encroachment areas while preserving the City’s right to use, access, and maintain its right-of-way; and WHEREAS, the Agreement requires the Permittee to maintain appropriate insurance coverage, indemnify the City, and assume full responsibility for construction, maintenance, and any necessary relocation of the Improvements at their own expense; and WHEREAS, the Agreement is intended to run with the land and remain binding on future property owners, ensuring continued protection of the City’s interests; and

CITY COUNCIL
OF THE

CITY OF ATWATER

Resolution No. XXXX-25 Page 2
WHEREAS, the project qualifies for exemption from the California Environmental Quality Act (CEQA) under Section 15332 (In-Fill Development Projects) of the CEQA Guidelines, as it is located within the City’s urbanized area, is consistent with the General Plan and zoning designations, and would not result in significant environmental impacts; and WHEREAS, the City Council finds that approval of the Encroachment Agreement is in the public interest and supports orderly development while maintaining City oversight of improvements within public right-of-way areas.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Atwater does hereby approve an Encroachment Agreement between the City of Atwater and Mohan S. Sodhi and Juginder K. Sodhi for the use and improvement of the City alley and drain ditch area adjacent to APN 001-011-004; and authorizes and directs the City Manager to execute the agreement on behalf of the City.

The foregoing resolution is hereby adopted on the 27th day of October 2025.

AYES:

NOES:

ABSENT:

APPROVED:

MICHAEL G. NELSON, MAYOR
ATTEST:

KORY J. BILLINGS, CITY CLERK

83744.00103\42285517.6
Recorded at the request of and when recorded
return to:

City of Atwater
1350 Broadway Ave.,
Atwater, CA 95301
Attn: Spencer Supinger
PE, ENV SP, Contract City Engineer
Location: City/Unic Atwater
SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE

ENCROACHMENT AGREEMENT

STATE OF CALIFORNIA )
) ss.

COUNTY OF MERCED )
This ENCROACHMENT AGREEMENT (hereinafter “Agreement”) is entered into this ___ day of __________, 2025 (“Effective Date”), by and between the City of Atwater, a municipal corporation, whose mailing address is 1350 Broadway Avenue, Atwater, CA 95301 (hereinafter “the City”), and Mohan S. Sodhi and Juginder K. Sodhi, individuals, whose mailing address is 1911 Atwater Blvd., Atwater, CA 95301 (hereinafter “Permittee”).

WHEREAS, City is the owner of certain right of way improved with a drainage ditch (referred to herein as the “Drainage ROW”) and certain right of way improved with an abandoned alleyway (referred to herein as the “Alley ROW”), each as described in Exhibit A-1 and depicted in Exhibit A2. The Drainage ROW and Alley ROW are referred to herein collectively as the “Right-of-Way Areas”).; and
WHEREAS, Permittee is the owner of certain real property referred to as Assessor’s Parcel No. 001- 111-004 described on “Exhibit “B” (the “Property”) desires permission from the City to install and maintain on the Drainage ROW: (i) a public pedestrian and bike connector, and associated improvements; (ii) asphalt on the north and concrete on the south of the Drainage ROW; (iii) a striped walkway on the northern/west side of the Drainage ROW; (iv) a trash enclosure; (v) parking improvements; (vi) removal of an existing curb and install a curb cut and vehicle exit on the southwest portion of the Drainage ROW (collectively the “Drainage ROW Improvements”); and (vii) to install and maintain on the Alley ROW, a drive-through (the “Alley ROW Improvements”) (the Drainage ROW Improvements and the Alley ROW Improvements are referred to herein collectively as the, “Improvements”), within said Right-of-Way Areas, each as more particularly described in “Exhibit A2” attached hereto (hereinafter, each, an “Encroachment Area” and collectively, the “Encroachment Areas”) in connection with a proposed development on the Property; and NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree as follows:

83744.00103\42285517.6 - 2 -

1. Right to Construct Encroaching Improvements
Permittee shall have the right to construct and maintain the Improvements within the Encroachment Areas as set forth above. Except with respect to maintenance and repairs, as reasonably determined by Permittee, Permittee shall not modify or alter either the Improvements or the Encroachment Areas, nor construct or permit additional encroachments or improvements within the Encroachment Areas or Right-of-Way Areas, without the City’s prior written approval, which approval may be withheld in City’s sole and absolute discretion. As used in this Agreement, encroachments include, but are not limited to, pits, wells, reservoirs, quarries, mines, foundations, dumps, mounds, buildings, structures, fences, shrubs, trees, bushes, or improvements of any kind (whether permanent or temporary).

2. No Interference with the City’s Use
Permittee shall not unreasonably interfere with or obstruct the City’s use of the Right-of-Way Areas or injure or unreasonably interfere with any person or property on or about said Right-ofWay Areas, provided, however, the parties acknowledge and agree City does not currently use the Alley ROW. Except as expressly set forth herein, Permittee acknowledges that this Agreement shall in no way alter, amend, or terminate the rights and privileges of the City under said Right-of-Way Areas.

3. Insurance
Permittee, or its contractors responsible for the construction of the Improvements, shall maintain General Liability Insurance with minimum limits of $2,000,000 per location, per occurrence, $3,000,000 per location aggregate, for bodily injury, personal injury, and property damage, naming the City as Additional Insured. All policies maintained by Permittee hereunder shall waive all rights of subrogation in favor of the City. Further, Permittee shall at all times maintain in effect Workers Compensation Insurance as required by law and said policy shall waive all rights of subrogation in favor of the City. Certificates indicating the required insurance of Permittee and its contractor will be provided to the City within five (5) business days after written request therefor.

4. Indemnity
Permittee shall indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers against any and all liability, claims, actions, causes of action or demands whatsoever against any of them, including any injury to or death of any person or damage to property or other liability of any nature, arising out of or connected with the Improvements or performance of this Agreement including, but not limited to, the existence, construction, or maintenance of the authorized Improvements by Permittee or Permittee’s employees, officers, officials, agents, transferees or independent contractors, except when such liability is caused solely by the gross negligence or willful misconduct of the City, its officers, employees, or agents.

5. Relocation of Improvements
At such times as, in the opinion of the City, said Improvements, or any one of them, interfere with the City’s use of or operations on or about the Right-of-Way Areas, Permittee shall, at its own risk and expense, within sixty (60) days after written request by the City, relocate the Improvement(s) in question and shall restore the Encroachment Areas and/or Right-of-Way Areas as nearly as possible to the same state and condition it was in prior to the construction and relocation of the Improvements.

6. The City’s Right to Access Property

83744.00103\42285517.6 - 3 -
Nothing herein shall be construed to limit City’s use of the Right-of-Way, and City shall have no liability hereunder for any damage occasioned to the Improvements so long as such damage is not caused solely by the gross negligence or intentional misconduct of City.

7. Agreement Runs with the Land
So long as Permittee or any successor owner of the Property is not in default hereunder, this Agreement shall run with the land and be binding on all future owners of the Property. Prior to a sale, lease, or license by Permittee of all or a portion of the Property, Permittee shall notify the City of Permittee’s intent to transfer said Property in accordance with the notice provisions in Section 11.

8. Amendments in Writing
This Agreement may only be amended by a writing specifically referencing this Agreement and signed by both Permittee and the City or their successors, legal representatives, assignees or transferees.

9. Termination of Agreement
(a) Upon the violation by Permittee of any of the terms and conditions set forth herein and the failure to remedy the same within thirty (30) days after written notice from the City to do so, then, at the option of the City, this Agreement and the rights herein granted to Permittee shall terminate.
(b) the City or Permittee may terminate this Agreement by giving the other party written notice of termination, not less than sixty (60) days prior to a designated termination date. Upon the termination of the rights herein granted, Permittee shall at its own risk and expense remove said Improvements and restore said Right-of-Way Areas as nearly as possible to the same state and condition it was in prior to any construction of said Improvements. If Permittee should fail to do so within sixty (60) days after such termination, the City may do so at the risk of Permittee, and all cost and expense of such removal and the restoration of said Rightof-Way Areas as aforesaid shall be paid by Permittee upon demand. Further, in case of a legal proceeding to enforce or collect the same, Permittee also agrees to pay the City reasonable attorneys’ fees to be fixed and allowed by the court.

10. The City’s Interest Recognized
Permittee hereby recognizes the City’s interest in said Right-of-Way Areas and agrees never to assail or resist the City’s interest therein.

11. Notices
All notices and other communications required under this Agreement shall be in writing, and delivered personally or sent certified mail to the party set forth below:

The City of Atwater Permittee
Attn: Spencer Supinger, PE, ENV SP
Contract City Engineer Attn: _____________________
1350 Broadway Ave. __________________________
Atwater, CA 95301 _________________________
Notice will be deemed effective when received. Any change in address may be accomplished by delivery of notice in compliance with this Section.

83744.00103\42285517.6 - 4 -

12. Subject to other Agreements
This Agreement is made subject to all valid and existing licenses, leases, grants, exceptions, reservations and conditions affecting said Right-of-Way Areas as of the Effective Date. [Signatures on Following Page]

83744.00103\42285517.6 - 5 -

SIGNATURE PAGE TO ENCROACHMENT AGREEMENT
Drain Ditch – Sierra Vista Subdivision No. 4
IN WITNESS WHEREOF, the parties have executed this Agreement as indicated below, but have agreed that it shall be effective as of the Effective Date first set forth above.

THE CITY OF ATWATER, PERMITTEE
a municipal corporation
By: ______________________________ By:

Name: __________________________ Name: Mohan S. Sodhi
Title: ___________________________ Date: _____________________________ Date: ___________________________ By:

Name: Juginder K. Sodhi
Date: _____________________________

83744.00103\42285517.6 - 6 -
EXHIBIT A-1

RIGHT-OF-WAY/ENCROACHMENT AREAS DESCRIPTION
Drainage ROW

83744.00103\42285517.6 - 7 -
Alley ROW

83744.00103\42285517.6 - 8 -
EXHIBIT A-2

DEPICTION OF ROW/ENCROACHMENT AREAS
(See map on subsequent page.)

83744.00103\42285517.6 - 9 -

EXHIBIT B

LEGAL DESCRIPTION OF BENEFITTED PROPERTY

CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

October 27, 2025
TO: Mayor and City Council
FROM: Richard McEachin, Police Chief

PREPARED
BY:

Richard McEachin, Police Chief
SUBJECT: Approving a Purchase Agreement (Purchase Order) with Axon Enterprise, Inc. for Two (2) Fleet 3 cameras for New Patrol Cars (Police Chief McEachin)

RECOMMENDED COUNCIL ACTION
Approves a Purchase Agreement (Purchase Order) with Axon Enterprise, Inc. of Scottsdale, Arizona for two (2) Axon Fleet 3 cameras to be installed into new patrol vehicles, in the total amount of $60,479.43: and authorizes and directs the City Manager to execute the Agreement (Purchase Order) on behalf of the City.

I. BACKGROUND/ANALYSIS:

In 2024, the City of Atwater purchased Axon Fleet 3 dash cameras for 10 of the Police Department's patrol vehicles. This left the two oldest vehicles without cameras due to the expected retirement of those two vehicles. With the upcoming lease of four new patrol vehicles, the Department needs to purchase two additional cameras in order to have the entire patrol fleet outfitted with cameras.

In addition to the capability to record audio and video of both the road in front of the vehicle and the rear (prisoner) seat area, these cameras have Automated License Plate Reader (ALPR) capabilities. They constantly scan license plates as the vehicle moves, alerting the officer of a stolen vehicle hit. The data can be accessed at a later time as well, allowing for investigative information on a license plate that may be wanted in relation to a crime.

II. FISCAL IMPACTS:

The total cost for the purchase and installation of the two camera systems, as well as wiring needed to move two cameras from retiring patrol cars to new patrol cars, is $60,479.43, payable over 8 years. The first payment of $8,656.70 would be due in January 2026. The remaining payments of $6,477.83 per year would be due each September through 2034. The cameras would be paid for using Measure B funds out of account 0004-2021-6021-Machinery and Equipment.

CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Brian Raymond
John Cale Kalisa Rochester

Agenda Report - Approving a Purchase Agreement (Purchase Order) with Axon Enterprise, Inc. for Two (2) Fleet 3 cameras for New Patrol Cars (Police Chief McEachin) Page 2

This item has been reviewed by the Finance Director.

III. LEGAL REVIEW:

This item has been reviewed by the City Attorney.

IV. EXISTING POLICY:

Atwater Police Department Lexipol policy 415 regulates the usage of ALPR data. Policy 423 regulates the usage of Mobile Audio/Video devices in police vehicles.

V. ALTERNATIVES:

The alternative would be to not equip two of the new patrol vehicles with dash cameras.

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

The public will have an opportunity to speak prior to City Council action.

VIII. ENVIRONMENTAL REVIEW:

This project/item is exempt under the provisions of the California Environmental Quality Control Act.

IX. STEPS FOLLOWING APPROVAL:

If approved, the Axon Fleet 3 cameras will be ordered and installed to the vehicles once they arrive.

Submitted by:

Richard McEachin, Police Chief
Approved by:

Chris Hoem, City Manager
Attachments:

Agenda Report - Approving a Purchase Agreement (Purchase Order) with Axon Enterprise, Inc. for Two (2) Fleet 3 cameras for New Patrol Cars (Police Chief McEachin) Page 3

1. Axon Fleet 3 camera quote 10-6-25

Q-722942-45936AS
Issued: 10/06/2025
Quote Expiration: 12/26/2025
Estimated Contract Start Date: 02/01/2026
Account Number: 113455
Payment Terms: N30
Mode of Delivery: UPS-GND
Credit/Debit Amount: $0.00

SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
Atwater Police Dept. - CA
750 Bellevue Rd
Atwater,
CA
95301-2859
USA
Atwater Police Dept. - CA
750 Bellevue Rd
Atwater
CA
95301-2859
USA
Email:

Adam Smith
Phone: 602-751-1798
Email: [email protected]
Fax: (480) 463-2201
Rich McEachin
Phone: 209-357-6384
Email: [email protected]
Fax:

Quote Summary Discount Summary
Program Length 104 Months Average Savings Per Year $1,312.38 TOTAL COST $58,697.04
ESTIMATED TOTAL W/ TAX $60,479.43 TOTAL SAVINGS $11,373.94 Axon Enterprise, Inc.
17800 N 85th St
Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic:(800) 978-2737
International: +1.800.978.2737

Payment Summary
Date Subtotal Tax Total
Jan 2026 $8,458.56 $198.14 $8,656.70
Sep 2026 $6,279.81 $198.02 $6,477.83
Sep 2027 $6,279.81 $198.02 $6,477.83
Sep 2028 $6,279.81 $198.02 $6,477.83
Sep 2029 $6,279.81 $198.02 $6,477.83
Sep 2030 $6,279.81 $198.02 $6,477.83
Sep 2031 $6,279.81 $198.02 $6,477.83
Sep 2032 $6,279.81 $198.02 $6,477.83
Sep 2033 $6,279.81 $198.11 $6,477.92
Total $58,697.04 $1,782.39 $60,479.43

Quote Unbundled Price: $70,068.40
Quote List Price: $61,197.20
Quote Subtotal: $58,697.04
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program
80462 TRUE UP - FLEET 3 ADVANCED WITH TAP 60 1 $108.00 $108.00 $6,480.00 $567.00 $7,047.00 Fleet3A10Yr Fleet 3 Advanced 10 Year 2 104 $286.05 $243.40 $231.38 $48,127.04 $1,155.01 $49,282.05 A la Carte Hardware
100759 AXON FLEET - AIRGAIN ANT - 5-IN-1 REMOUNT KIT 2 $20.00 $20.00 $40.00 $3.50 $43.50 100150 AXON FLEET 3 - WIRING KIT REFRESH 2 $325.00 $325.00 $650.00 $56.88 $706.88 A la Carte Services
73393 AXON FLEET 3 - INSTALLATION - REFRESH (PER
VEHICLE) 2 $1,700.00 $1,700.00 $3,400.00 $0.00 $3,400.00 Total $58,697.04 $1,782.39 $60,479.43
Delivery Schedule
Hardware
Bundle Item Description QTY Shipping Location Estimated Delivery Date Fleet 3 Advanced 10 Year 70112 AXON SIGNAL - VEHICLE 2 1 01/01/2026 Fleet 3 Advanced 10 Year 72036 AXON FLEET 3 - STANDARD 2 CAMERA KIT 2 1 01/01/2026 A la Carte 100150 AXON FLEET 3 - WIRING KIT REFRESH 2 1 01/01/2026 A la Carte 100759 AXON FLEET - AIRGAIN ANT - 5-IN-1 REMOUNT KIT 2 1 01/01/2026 Fleet 3 Advanced 10 Year 72040 AXON FLEET - TAP REFRESH 1 - 2 CAMERA KIT 2 1 01/01/2031 Fleet 3 Advanced 10 Year 100092 AXON FLEET - TAP REFRESH 2 - 2 CAMERA KIT 2 1 09/30/2034 Software
Bundle Item Description QTY Estimated Start Date Estimated End Date Fleet 3 Advanced 10 Year 80400 AXON EVIDENCE - FLEET VEHICLE LICENSE 2 02/01/2026 09/30/2034 Fleet 3 Advanced 10 Year 80401 AXON FLEET 3 - ALPR LICENSE - 1 CAMERA 2 02/01/2026 09/30/2034 Fleet 3 Advanced 10 Year 80402 AXON FLEET - LICENSE - REAL-TIME LOCATION, ALERTS, & LIVESTREAM 2 02/01/2026 09/30/2034
Fleet 3 Advanced 10 Year 80410 AXON EVIDENCE - STORAGE - FLEET 1 CAMERA UNLIMITED 4 02/01/2026 09/30/2034 Services
Bundle Item Description QTY
Fleet 3 Advanced 10 Year 73391 AXON FLEET 3 - DEPLOYMENT PER VEHICLE - NOT OVERSIZED 2 Fleet 3 Advanced 10 Year 73392 AXON FLEET 3 - INSTALLATION - UPGRADE (PER VEHICLE) 2 A la Carte 73393 AXON FLEET 3 - INSTALLATION - REFRESH (PER VEHICLE) 2

Warranties
Bundle Item Description QTY Estimated Start Date Estimated End Date Fleet 3 Advanced 10 Year 80379 AXON SIGNAL - EXT WARRANTY - SIGNAL UNIT 2 01/01/2027 09/30/2034 Fleet 3 Advanced 10 Year 80495 AXON FLEET 3 - EXT WARRANTY - 2 CAMERA KIT 2 01/01/2027 09/30/2034

Shipping Locations
Location Number Street City State Zip Country
1 750 Bellevue Rd Atwater CA 95301-2859 USA
Payment Details
Jan 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Vehicle Refresh 100150 AXON FLEET 3 - WIRING KIT REFRESH 2 $650.00 $56.88 $706.88 Vehicle Refresh 100759 AXON FLEET - AIRGAIN ANT - 5-IN-1 REMOUNT KIT 2 $40.00 $3.50 $43.50 Vehicle Refresh 73393 AXON FLEET 3 - INSTALLATION - REFRESH (PER VEHICLE) 2 $3,400.00 $0.00 $3,400.00 Year 1 80462 TRUE UP - FLEET 3 ADVANCED WITH TAP 60 $518.40 $45.36 $563.76 Year 1 Fleet3A10Yr Fleet 3 Advanced 10 Year 2 $3,850.16 $92.40 $3,942.56 Total $8,458.56 $198.14 $8,656.70
Sep 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year 2 80462 TRUE UP - FLEET 3 ADVANCED WITH TAP 60 $745.20 $65.20 $810.40 Year 2 Fleet3A10Yr Fleet 3 Advanced 10 Year 2 $5,534.61 $132.82 $5,667.43 Total $6,279.81 $198.02 $6,477.83
Sep 2027
Invoice Plan Item Description Qty Subtotal Tax Total
Year 3 80462 TRUE UP - FLEET 3 ADVANCED WITH TAP 60 $745.20 $65.20 $810.40 Year 3 Fleet3A10Yr Fleet 3 Advanced 10 Year 2 $5,534.61 $132.82 $5,667.43 Total $6,279.81 $198.02 $6,477.83
Sep 2028
Invoice Plan Item Description Qty Subtotal Tax Total
Year 4 80462 TRUE UP - FLEET 3 ADVANCED WITH TAP 60 $745.20 $65.20 $810.40 Year 4 Fleet3A10Yr Fleet 3 Advanced 10 Year 2 $5,534.61 $132.82 $5,667.43 Total $6,279.81 $198.02 $6,477.83
Sep 2029
Invoice Plan Item Description Qty Subtotal Tax Total
Year 5 80462 TRUE UP - FLEET 3 ADVANCED WITH TAP 60 $745.20 $65.20 $810.40 Year 5 Fleet3A10Yr Fleet 3 Advanced 10 Year 2 $5,534.61 $132.82 $5,667.43 Total $6,279.81 $198.02 $6,477.83
Sep 2030
Invoice Plan Item Description Qty Subtotal Tax Total
Year 6 80462 TRUE UP - FLEET 3 ADVANCED WITH TAP 60 $745.20 $65.20 $810.40 Year 6 Fleet3A10Yr Fleet 3 Advanced 10 Year 2 $5,534.61 $132.82 $5,667.43 Total $6,279.81 $198.02 $6,477.83

Sep 2031
Invoice Plan Item Description Qty Subtotal Tax Total
Year 7 80462 TRUE UP - FLEET 3 ADVANCED WITH TAP 60 $745.20 $65.20 $810.40 Year 7 Fleet3A10Yr Fleet 3 Advanced 10 Year 2 $5,534.61 $132.82 $5,667.43 Total $6,279.81 $198.02 $6,477.83
Sep 2032
Invoice Plan Item Description Qty Subtotal Tax Total
Year 8 80462 TRUE UP - FLEET 3 ADVANCED WITH TAP 60 $745.20 $65.20 $810.40 Year 8 Fleet3A10Yr Fleet 3 Advanced 10 Year 2 $5,534.61 $132.82 $5,667.43 Total $6,279.81 $198.02 $6,477.83
Sep 2033
Invoice Plan Item Description Qty Subtotal Tax Total
Year 9 80462 TRUE UP - FLEET 3 ADVANCED WITH TAP 60 $745.20 $65.24 $810.44 Year 9 Fleet3A10Yr Fleet 3 Advanced 10 Year 2 $5,534.61 $132.87 $5,667.48 Total $6,279.81 $198.11 $6,477.92

Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing.

Standard Terms and Conditions
Axon Enterprise Inc. Sales Terms and Conditions
Axon Master Services and Purchasing Agreement:

This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at https://www.axon.com/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below.

ACEIP:

The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program.

Acceptance of Terms:

Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote.

\s1\ \d1\
Signature Date Signed
10/6/2025

CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

October 27, 2025
TO: Mayor and City Council
FROM: Josh Randol, CAL FIRE-Battalion Chief

PREPARED
BY:

Josh Randol, CAL FIRE-Battalion Chief
SUBJECT: Waive the First Reading by Title only, and Introduce an Ordinance Amending Chapter 2.44.050 Emergency Organization (CAL Fire Battalion Chief Randol)

RECOMMENDED COUNCIL ACTION
Open the public hearing and receive any testimony from the public; and Close the public hearing; and
Motion to waive the first reading by title only, and introduce Ordinance No. CS 1074 Amending Chapter 2.44.050 of the Atwater Municipal Code to Maintain Consistency regarding Emergency Organization.

Motion to approve staff's recommendation as presented.

I. BACKGROUND/ANALYSIS:

Staff is requesting approval of the amending of Ordinance Chapter 2.44.050, Director and assistant director of emergency services. Approval will allow the City of Atwater to maintain consistency regarding emergency organization.

II. FISCAL IMPACTS:

There are currently no fiscal impacts with the amending of this Ordinance.

This item has been reviewed by the Finance Department.

III. LEGAL REVIEW:

This item has been reviewed by the City Attorney’s Office.

IV. EXISTING POLICY:

This item is consistent with goal two (2) of the City's Strategic Plan: to promote safety, stability, and quality of life, respectively.

CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Brian Raymond
John Cale Kalisa Rochester

Agenda Report - Waive the First Reading by Title only, and Introduce an Ordinance Amending Chapter 2.44.050 Emergency Organization (CAL Fire Battalion Chief Randol) Page 2

V. ALTERNATIVES:

N/A.

VI. INTERDEPARTMENTAL COORDINATION:

This item has been reviewed by all relevant departments.

VII. PUBLIC PARTICIPATION:

The public will have an opportunity to provide comments on this item prior to City Council action. A press release was published in the Merced Sun Star concerning this Ordinance amendment.

VIII. ENVIRONMENTAL REVIEW:

This item is not considered a “project” under Section 21065 of the Public Resources Code as it will not directly or reasonably indirectly affect the physical environment and therefore not subject to review or analysis.

IX. STEPS FOLLOWING APPROVAL:

The second reading and adoption of the ordinance will be scheduled for the next regular City Council meeting.

Submitted by:

Josh Randol, CAL FIRE Battalion Chief
Approved by:

Chris Hoem, City Manager
Attachments:

1. Ordinance No. CS 2.44.050 Director and Assistant Director of Emergency Services - Clean Copy

2. Ordinance No. CS 2.44.050 Director and Assistant Director of Emergency Services - With Strikethrough

CITY COUNCIL
OF THE

CITY OF ATWATER

ORDINANCE NO. CS XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF ATWATER AMENDING CHAPTER

2.44.050 OF THE ATWATER MUNICIPAL CODE

TO MAINTAIN CONSISTENCY REGARDING

EMERGENCY ORGANIZATION
NOW THEREFORE, be it ordained by the City Council of the City of Atwater as follows:

SECTION 1: AMENDMENT TO THE MUNICIPAL CODE Chapter 2.44.050, Director and assistant director of emergency services. Offices created is hereby amended as follows:

A. There is created the office of Director of Emergency Services. The City Manager shall be the Director of Emergency Services.

B. There is created the office of the assistant director of emergency services, who shall be the Police Chief and/or the Battalion Chief.

SECTION 2, Validity: If any section, subsection, sentence, clause, word or phrase of this ordinance is held to be unconstitutional or otherwise invalid for any reason, such decision shall not affect the validity of the remainder of this ordinance. The City Council hereby declares that they would have passed this ordinance, and each section, subsection, sentence, clause, word or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, words or phrases be declared invalid or unconstitutional.

SECTION 3, Enactment: This ordinance shall take effect and be in force thirty (30) days after the date of its passage and the City Clerk shall certify to the adoption of this ordinance and shall cause the same to be published in a Newspaper of General Circulation within fifteen (15) days from the adoption hereof, together with the names of the members of the City Council voting for and against the same.

Ordinance No. CS XXXX Page 2
INTRODUCED:

ADOPTED:

AYES:

NOES:

ABSENT:

APPROVED:
_____________________________
MICHAEL G. NELSON, MAYOR
ATTEST:
______________________________
KORY J. BILLINGS, CITY CLERK

CITY COUNCIL
OF THE

CITY OF ATWATER

ORDINANCE NO. CS XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF ATWATER AMENDING CHAPTER

2.44.050 OF THE ATWATER MUNICIPAL CODE

TO MAINTAIN CONSISTENCY REGARDING

EMERGENCY ORGANIZATION
NOW THEREFORE, be it ordained by the City Council of the City of Atwater as follows:

SECTION 1: AMENDMENT TO THE MUNICIPAL CODE Chapter 2.44.050, Director and assistant director of emergency services. Offices created is hereby amended as follows:

A. There is created the office of Director of Emergency Services. The City Manager shall be the Director of Emergency Services.

B. There is created the office of the assistant director of emergency services, who shall be the Police Chief and/or the Battalion Chief. Assistant to the City Manager.

SECTION 2, Validity: If any section, subsection, sentence, clause, word or phrase of this ordinance is held to be unconstitutional or otherwise invalid for any reason, such decision shall not affect the validity of the remainder of this ordinance. The City Council hereby declares that they would have passed this ordinance, and each section, subsection, sentence, clause, word or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, words or phrases be declared invalid or unconstitutional.

SECTION 3, Enactment: This ordinance shall take effect and be in force thirty (30) days after the date of its passage and the City Clerk shall certify to the adoption of this ordinance and shall cause the same to be published in a Newspaper of General Circulation within fifteen (15) days from the adoption hereof, together with the names of the members of the City Council voting for and against the same.

Ordinance No. CS XXXX Page 2
INTRODUCED:

ADOPTED:

AYES:

NOES:

ABSENT:

APPROVED:
_____________________________
MICHAEL G. NELSON, MAYOR
ATTEST:
______________________________
KORY J. BILLINGS, CITY CLERK

CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

October 27, 2025
TO: Mayor and City Council
FROM:

PREPARED
BY:

SUBJECT: Waive the First Reading by Title only, and Introducing an Ordinance Repealing and Re-enacting Title 15, "Buildings and Construction" of the Atwater Municipal Code, and setting a Public Hearing Date (City Manager Hoem)

RECOMMENDED COUNCIL ACTION
Open the public hearing and receive any testimony from the public; and Close the public hearing; and
Motion to waive the first reading by title only, and introduce Ordinance No. CS 1075 Repealing and Re-enacting Title 15 "Buildings and Construction" of the Atwater Municipal Code, and setting a public hearing date for adoption of Ordinance No CS 1075 on November 10, 2025; or
Motion to approve staff's recommendation as presented.

I. BACKGROUND/ANALYSIS:

The California Building Standards Commission suggests that all local jurisdictions should now adopt any new local amendments to be applicable to the 2025 edition of the California Code of Regulations Title 24.

The purposed ordinance will continue to provide the minimum requirements and standards, as established by the California Building Standards Commission, for the protection of the public safety, health, property and welfare of the City of Atwater.

All complete submittals for building permit received on or after the effective date of January 1, 2026, are subject to these requirements and standards.

Thsi Ordinance would repeal Ordinance No. CS 1053 and re-enact Title 15 “Buildings and Construction” of the Atwater Municipal Code to adopt by reference the California Code of Regulations Title 24, 2025 Edition of the Building Standards Code (“2025

CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Brian Raymond
John Cale Kalisa Rochester

Agenda Report - Waive the First Reading by Title only, and Introducing an Ordinance Repealing and Re-enacting Title 15, "Buildings and Construction" of the Atwater Municipal Code, and setting a Public Hearing Date (City Manager Hoem) Page 2

Building Standards Code”). The 2025 Building Standards Code includes the following parts:

Part 1 California Administrative Code
Part 2 California Building Code including Division II scope and administration Part 2.5 2025 California Residential Code including Division II administration, appendix chapters BB and CI
Part 3 California Electric Code
Part 4 California Mechanical Code
Part 5 California Plumbing Code
Part 6 California Energy Code
Part 8 California Historical Code
Part 9 California Fire Code including appendix chapters, C, D, and I Part 10 California Existing Building Code
Part 11 California Green Code
Part 12 California Referenced Standards Code
1997 Uniform Code for the Abatement of Dangerous Buildings II. FISCAL IMPACTS:

Code Adoption has no fiscal impact on the city and no finance department review is necessary.

III. LEGAL REVIEW:

This item has been reviewed by the City Attorney's office.

IV. EXISTING POLICY:

The City of Atwater is currently enforcing the 2022 California Building Standards Code (Title 24). The 2025 California Building Standards Code will take effect on January 1, 2026, with the exception of the 2022 California Residential Code, which has been extended until 2031 under Assembly Bill 130.

V. ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

Staff coordinated with the Fire department for their review and comments.

VII. PUBLIC PARTICIPATION:

The public will have an opportunity to provide comments on this item prior to City Council action.

Agenda Report - Waive the First Reading by Title only, and Introducing an Ordinance Repealing and Re-enacting Title 15, "Buildings and Construction" of the Atwater Municipal Code, and setting a Public Hearing Date (City Manager Hoem) Page 3

State law authorizes local jurisdictions to adopt codes by reference (Cal. Gov’t Code sections 50022.2 et seq.). Government Code section 50022.3 requires that a public hearing on the proposed code adoptions be set after the first reading of the ordinances.

City Council is to hold a first reading and introduction of the Ordinance repealing and reenacting Title 15, “Buildings and Construction” of the Atwater Municipal Code and authorized and directed the City Manager to schedule a public hearing on November 10, 2025 at the City Council Meeting for a second reading of the Ordinance.

VIII. ENVIRONMENTAL REVIEW:

This item is not a “project” as defined under Section 21065 of the Public Resources Code in that it would not directly or foreseeably indirectly significantly impact the physical environment; therefore this item is not subject to analysis under the California Environmental Quality Act (CEQA). In addition, the City finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Sections 15307 (the activity is a regulatory action taken by the City pursuant to its police power for the maintenance and protection of a natural resource) and 15060(c)(3) because the activity is not a project as defined in Section 15378 of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations)
IX. STEPS FOLLOWING APPROVAL:

Staff will have the 2025 California Title 24 codes ready for the January 1, 2026 formal implementation.

The 2022 California Title 24 codes will be archived as prescribed by California Law.

Submitted and Approved by:

Chris Hoem, City Manager
Attachments:

1. Red Line Building Code Update 2025

2. Final Building Code Update 2025 Ordinance

CITY COUNCIL
OF THE

CITY OF ATWATER
ORDINANCE NO. CS 1019

AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ATWATER REPEALING AND REENACTING TITLE 15, “BUILDINGS AND CONSTRUCTION” OF THE ATWATER

MUNICIPAL CODE, WHICH ADOPTS BY
REFERENCE THE 20192225 CALIFORNIA
BUILDING CODE BASED ON THE 201821 25
INTERNATIONAL BUILDING CODE, THE 201922

CALIFORNIA RESIDENTIAL CODE BASED ON
THE 202118 INTERNATIONAL RESIDENTIAL
CODE, THE 2025 CALIFORNIA RESIDENTIAL
CODE BASED ON THE 2024 INTERNATIONAL
RESIDENTIAL CODE, THE 20252219

CALIFORNIA GREEN BUILDING STANDARDS
CODE, THE 2025 219 CALIFORNIA ELECTRICAL
CODE BASED ON THE 2023017 NATIONAL
ELECTRICAL CODE, THE 2025219 CALIFORNIA
MECHANICAL CODE BASED ON THE 2024118

UNIFORM MECHANICAL CODE, AND THE
2025219 CALIFORNIA PLUMBING CODE BASED
ON THE 202421 UNIFORM PLUMBING CODE,
THE 2025219 CALIFORNIA FIRE CODE BASED
ON THE 20242118 INTERNATIONAL FIRE CODE,

THE CALIFORNIA EXISTING BUILDING CODE
BASED ON THE 2024 INTERNATIONAL EXISTING
BUILDING CODE, AND THE 2025219

CALIFORNIA ADMINISTRATIVE CODE, AND THE
1997 UNIFORM CODE FOR THE ABATEMENT OF

Ordinance No. CS 1019 Page 2

DANGEROUS BUILDINGS, AND MAKES

AMENDMENTS PERTAINING THERETO
The City Council of the City of Atwater does hereby ordain as follows:

SECTION 1: That Title 15, “Buildings and Construction” of the Atwater Municipal Code is hereby repealed and re-enacted in its entirety to read as follows:
“Title 15 Buildings and Construction

15.04 GENERAL PROVISION

15.08 CALIFORNIA BUILDING CODE

15.09 CALIFORNIA RESIDENTIAL CODE

15.10 CALIFORNIA GREEN CODE

15.12 CALIFORNIA ELECTRICAL CODE

15.16 CALIFORNIA MECHANICAL CODE

15.20 CALIFORNIA PLUMBING CODE

15.22 UNIFORM SWIMMING POOL, SPA, & HOT TUB CODE

15.24 SIGNS

15.28 CALIFORNIA FIRE CODE

15.36 CALIFORNIA ADMINISTRATIVE CODE

15.38 UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS Chapter 15.08-CALIFORNIA BUILDING CODE
Sections:

15.08.010-Adoption

15.08.020-Permits

15.08.030-Building Permit Extensions

15.08.040-Building Permit Fee Refunds

15.08.050-Amendments

15.08.010-Adoption
The City of Atwater hereby adopts by reference; California Building Code, 2013 2019 2025 2Edition, based on the 2015 2018 2024 International Building Code including, Division II Scope and Administration, among Appendices; Appendix Chapter C (Group UAgricultural Building), Appendix Chapter F (Rodent Proofing), Appendix Chapter H (signs), Appendix Chapter I (Patio Covers), Appendix Chapter J (Grading), as published by the International Code Council (ICC) as adopted and amended by the California Building Standards Commission in the California Building Standards Code, Title 24 of the California Code of Regulation; Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition; California Energy Code, including Appendix; California Historical Code

Ordinance No. CS 1019 Page 3
including Appendix; California Existing Building Code based on Appendix Chapter A1 of the 2015 202418 International Existing Building Code as published by the International Code Council (ICC) and as adopted and amended by the California Building Standards Commission in the California Building Standards Code, Title 24 of the California Code of Regulations; California Referenced Standards Code including Appendix.

15.08.020-Permits
No building or structure shall be used or occupied and no change in existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy therefore as provided in the 2016 2019 20252 Edition of the California Building Code, Division II Section 111. It shall be required to post the certificate of occupancy on the building or structure for which it was used.

15.08.030- Building permit extensions
Notwithstanding the provisions of Section 105.5 Expiration, as contained in Division II, scope and administration of the 2016 2019 2025 2Edition of the California Building Code section 105.3.2 the City Council the building official may grant in writing more than one (1) extension to a building permit if it finds the delays due to economic conditions or other causes beyond the control of the applicant.

Any request for extension must be received prior to the expiration of the original period or any extension thereof.

If there has been a change in any City fees applicable to the project since the date of the original permit, the new fees shall be applicable to any extension.

15.08.040- Building permits fee refunds
As provided in Section 109.6 Refunds, of Division II Scope and Administration, of the 2016 2019 2025 2Edition of the California Building Code, The Building Official is authorized to establish a refund policy may refund eighty (80) percent of any building permit fee provided that no work has been done and the request for refund is filed prior to the expiration of the original permit period or any extension thereof. Additionally, the City Council may refund up to one hundred (100) percent of all other related fees, e.g. connection charges, park fee, etc.

15.08.050- Amendments
None

Ordinance No. CS 1019 Page 4
Chapter -15.09 CALIFORNIA RESIDENTIAL CODE
Sections:

15.09.010-Adoption

15.09.020-Building permit extensions

15.09.030- Amendments

15.09.010-Adoption
The City of Atwater adopts by reference; California Residential Code 2016 201820222025 Edition, based on the 2016 201920241 International Residential Code, including Division II Scope and Administration, including Appendix G(swimming pools, Spas and Hot Tubs), excepting there from Section R110; among Appendices, Appendix Chapter E (Manufactured Housing Used as Dwellings; Appendix Chapter G (Swimming Pools, Spas and Hot Tubs); Appendix Chapter H (Patio Covers); and Appendix Chapter J (Existing Buildings and Structures), Appendix AQBB (Tiny Houses); Appendix VAXCI (Swimming Pool Safety Act) as published by the International Code Council.,.California Residential Code 2025 Edition, based on the 2024 International Residential Code, including Division II Scope and Administration.

15.09.020-Building permit extensions
The following sections are amended as follows:

Notwithstanding the provisions of Section R105.5 Expiration, as contained in Division II, scope and administration of the 2016 2019 2022 and 2025 Edition (s) of the California Residential Code the building official City Council may grant more than one (1) extension to a building permit if it finds the delays due to economic conditions or other causes beyond the control of the applicant.

Any request for extension must be received prior to the expiration of the original period or any extension thereof.

If there has been a change in any City fees applicable to the project since the date of the original permit, the new fees shall be applicable to any extension.

As provided in Section R108.5 Refunds, of Division II Scope and Administration, of the 2016 2019 2022Edition of the California Residential Code, The Building Official is authorized to establish a refund policy may refund eighty (80) percent of any building permit fee provided no work has been done and the request for refund is filed prior to the expiration of the original permit period or any extension thereof. Additionally, the City Council may refund up to one hundred (100) percent of all other related fees, e.g. connection charges, park fee, etc.

Ordinance No. CS 1019 Page 5
Chapter-15.10Chapter 15.10 CALIFORNIA GREEN CODE
Sections:

15.10.010-Adoption

15.10.020-Amendments

15.10.010-Adoption
The City of Atwater adopts by reference; California Green Building Standards Code, 2016 2019 2025 2 Edition, as published by the California Building Standards Commission.

15.10.020-Amendments
None.

Chapter 15.12-CALIFORNIA ELECTRICAL CODE
Sections:

15.12.010-Adoption

15.12.020-Amendments

15.12.010-Adoption
The City of Atwater adopts by reference as part of its electrical code, California Electric Code, 2016 2019 2025 2 Edition including the appendices, based on the 2014 2017 202023 Edition National Electric Code as published by the National Fire Protection Association, and as adopted by the California Building Standards Commission in Title 24 of the California Code of Regulation.

15.12.020-Admendments
None.

Chapter 15.16-CALIFORNIA MECHANICAL CODE
Sections:

15.16.010-Adoption

15.16.020-Amendments

15.16.010-Adoption

Ordinance No. CS 1019 Page 6
The City of Atwater adopts by reference its mechanical code, California Mechanical Code , 2016 2019 20252 Edition, including the appendices, based on the 2015 2018 202124 Uniform Mechanical Code as published by the International Association of Plumbing and Mechanical Officials and as adopted by the California Building Standards Commission in title 24 of the California Code of Regulation.

15.16.020-Amendments
None

Chapter 15.20-CALIFORNIA PLUMBING CODE
Sections:

15.20.010-Adoption

15.20.020-Swimming pools and spas

15.20.030-sprinkler Sprinkler irrigation Irrigation systemsSystems

15.20.010-Adoption
The City of Atwater adopts by reference as its plumbing code, the California Plumbing Code, 2015 2019 20252 Edition and the appendix appendices based on the 2015 2018 2021 24 Uniform Plumbing Code as published by International Association of Plumbing and Mechanical Officials (IAPMO) and as adopted by the California Building Standards Commission in Title 24 of the California Code of Regulations.

15.20.020- Swimming pools and spas

15.20.030- Sprinkler Irrigation Systems
Chapter 15.22-UNIFORM SWIMMING POOL, SPA & HOT TUB CODE Sections:

15.22.010-Adoption

15.22.010-Adoption
The City of Atwater adopts by reference as its swimming pool, spa and hot tub code, the Uniform Swimming Pool, Spa & Hot Tub Code 2006 2009 Edition as published by the International Association of Plumbing and Mechanical Officials (IAPMO).

Chapter 15.24-SIGNS
Section:

15.24.010-Adoption

15.24.010-Adoption

Ordinance No. CS 1019 Page 7
The City of Atwater adopts by reference as its sign code Appendix Chapter H (SIGNS) under the latest Edition of the California Building Code, as shown under Chapter 15.08 of the Atwater Municipal Code.

Chapter 15.28-CALIFORNIA FIRE CODE
Sections:

15.28.010-Adoption

15.28.010-Adoption
The City of Atwater adopts by reference as its fire code, the California Fire Code, 2016 2019 2025 2 Edition and including among appendices, Appendix Chapter 4 (Special Detailed Requirements Based on Use and Occupancy); Appendix Chapter B (Fire Flow Requirements for Buildings); Appendix Chapter C (Fire Hydrant Locations and Distribution); Appendix Chapter CC (Fire Hydrant Locations and Distribution); Appendix D (Fire Apparatus Access Roads); Appendix F (Hazard Ranking); Appendix Chapter H (Hazardous Materials Management Plans and Hazardous Materials Inventory Statements; Appendix I (Fire Protection System-Noncompliance Conditions); and Appendix J ( Emergency Responder Radio Coverage), based on the 2015 2018 202124 International Fire Code as published by the International Code Council (ICC) and as adopted and amended by the California Building Standards Commission in the California Building Standards Code Title 24 of the California Code of Regulations.

Chapter 15.36-CALIFORNIA ADMINISTRATIVE CODE
Sections:

15.36.010-Adoption

15.36.020-Amendments

15.36.030-Fees

15.36.010-Adoption

The City of Atwater hereby adopts by reference the California Administrative Code, 2016 2019 2025 2 Edition as adopted by the California Building Standards Commission in Title 24 of the California Code of Regulations.

15.36.20-Amendments
None

15.36.030-Fees
Adopt 2025 California Administration Code Article 5 1-501.

Ordinance No. CS 1019 Page 8
Chapter 15.38-UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS

BUILDINGS
Sections:

15.385.010-Adoption

15.385.020-Amendments

15.38.010-Adoption
The City of Atwater herby adopts by reference the Uniform Code for the Abatement of Dangerous Buildings 1997 Edition.

15.38.0120-Amendments
None
SECTION 2: Effective Date and Publication.

This Ordinance shall take effect and be in force January 1, 202630. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the Atwater Signal within fifteen (15) days from adoption hereof.

Section 3. Severability.

If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. This City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance be enforced.

INTRODUCED:

ADOPTED:

AYES:

NOES:

ABSENT:

Ordinance No. CS 1019 Page 9
APPROVED:

______________________________
PAUL CREIGHTONMICHAEL G.

NELSON, MAYOR
ATTEST:
____________________________
LUCY ARNSTRONG KORY J. BILLINGS, CITY CLERK

CITY COUNCIL
OF THE

CITY OF ATWATER
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ATWATER REPEALING AND REENACTING TITLE 15, “BUILDINGS AND CONSTRUCTION” OF THE ATWATER

MUNICIPAL CODE, WHICH ADOPTS BY
REFERENCE THE 2025 CALIFORNIA BUILDING
CODE, THE 2025 CALIFORNIA RESIDENTIAL
CODE, THE 2025 CALIFORNIA GREEN BUILDING
STANDARDS CODE, THE 2025 CALIFORNIA
ELECTRICAL CODE, THE 2025 CALIFORNIA
MECHANICAL CODE, THE 2025 CALIFORNIA
PLUMBING CODE, THE 2025 CALIFORNIA FIRE

CODE, THE CALIFORNIA EXISTING BUILDING
CODE, AND THE 2025 CALIFORNIA
ADMINISTRATIVE CODE, AND THE 1997

UNIFORM CODE FOR THE ABATEMENT OF

DANGEROUS BUILDINGS, AND MAKES

AMENDMENTS PERTAINING THERETO
The City Council of the City of Atwater does hereby ordain as follows:

SECTION 1: That Title 15, “Buildings and Construction” of the Atwater Municipal Code is hereby repealed and re-enacted in its entirety to read as follows:
“Title 15 Buildings and Construction

15.04 GENERAL PROVISION

15.08 CALIFORNIA BUILDING CODE

15.09 CALIFORNIA RESIDENTIAL CODE

Ordinance No. Page 2

15.10 CALIFORNIA GREEN CODE

15.12 CALIFORNIA ELECTRICAL CODE

15.16 CALIFORNIA MECHANICAL CODE

15.20 CALIFORNIA PLUMBING CODE

15.24 SIGNS

15.28 CALIFORNIA FIRE CODE

15.36 CALIFORNIA ADMINISTRATIVE CODE

15.38 UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS Chapter 15.08-CALIFORNIA BUILDING CODE
Sections:

15.08.010-Adoption

15.08.020-Permits

15.08.030-Building Permit Extensions

15.08.040-Building Permit Fee Refunds

15.08.050-Amendments

15.08.010-Adoption
The City of Atwater hereby adopts by reference; California Building Code, 2025 Edition, based on the 2024 International Building Code including, Division II Scope and Administration, as published by the International Code Council (ICC) as adopted and amended by the California Building Standards Commission in the California Building Standards Code, Title 24 of the California Code of Regulation; Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition; California Energy Code, California Historical Code ; California Existing Building Code based on 2024 International Existing Building Code as published by the International Code Council (ICC) and as adopted and amended by the California Building Standards Commission in the California Building Standards Code, Title 24 of the California Code of Regulations; California Referenced Standards Code.

15.08.020-Permits
No building or structure shall be used or occupied and no change in existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy therefore as provided in the 2025 Edition of the California Building Code, Division II Section 111. It shall be required to post the certificate of occupancy on the building or structure for which it was used.

15.08.030- Building permit extensions
Notwithstanding the provisions of Section 105.5 Expiration, as contained in Division II, scope and administration of the 2025 Edition of the California Building Code section 105.3.2 the building official may grant in writing more than one (1) extension to a

Ordinance No. Page 3
building permit if it finds the delays due to economic conditions or other causes beyond the control of the applicant.

Any request for extension must be received prior to the expiration of the original period or any extension thereof.

If there has been a change in any City fees applicable to the project since the date of the original permit, the new fees shall be applicable to any extension.

15.08.040- Building permits fee refunds
As provided in Section 109.6 Refunds, of Division II Scope and Administration, of the 2025 Edition of the California Building Code, The Building Official is authorized to establish a refund policy provided that no work has been done and the request for refund is filed prior to the expiration of the original permit period or any extension thereof.

Additionally, the City Council may refund up to one hundred (100) percent of all other related fees, e.g. connection charges, park fee, etc.

15.08.050- Amendments
None
Chapter -15.09 CALIFORNIA RESIDENTIAL CODE
Sections:

15.09.010-Adoption

15.09.020-Building permit extensions

15.09.030- Amendments

15.09.010-Adoption
The City of Atwater adopts by reference; California Residential Code 2025 Edition, based on the 2024 International Residential Code, including Division II Scope and Administration; among Appendices, Appendix BB (Tiny Houses); Appendix CI (Swimming Pool Safety Act) as published by the International Code Council.

15.09.020-Building permit extensions
The following sections are amended as follows:

Notwithstanding the provisions of Section R105.5 Expiration, as contained in Division II, scope and administration of the 2025 Edition of the California Residential Code the building official may grant more than one (1) extension to a building permit if it finds the delays due to economic conditions or other causes beyond the control of the applicant.

Ordinance No. Page 4
Any request for extension must be received prior to the expiration of the original period or any extension thereof.

If there has been a change in any City fees applicable to the project since the date of the original permit, the new fees shall be applicable to any extension.

Chapter-15.10 CALIFORNIA GREEN CODE
Sections:

15.10.010-Adoption

15.10.020-Amendments

15.10.010-Adoption
The City of Atwater adopts by reference; California Green Building Standards Code, 2025 Edition, as published by the California Building Standards Commission.

15.10.020-Amendments
None.

Chapter 15.12-CALIFORNIA ELECTRICAL CODE
Sections:

15.12.010-Adoption

15.12.020-Amendments

15.12.010-Adoption
The City of Atwater adopts by reference as part of its electrical code, California Electric Code, 2025 Edition including the appendices, based on the 2023 Edition National Electric Code as published by the National Fire Protection Association, and as adopted by the California Building Standards Commission in Title 24 of the California Code of Regulation.

15.12.020-Admendments
None.

Chapter 15.16-CALIFORNIA MECHANICAL CODE
Sections:

15.16.010-Adoption

Ordinance No. Page 5

15.16.020-Amendments

15.16.010-Adoption
The City of Atwater adopts by reference its mechanical code, California Mechanical Code 2025 Edition, including the appendices, based on the 2024 Uniform Mechanical Code as published by the International Association of Plumbing and Mechanical Officials and as adopted by the California Building Standards Commission in title 24 of the California Code of Regulation.

15.16.020-Amendments
None

Chapter 15.20-CALIFORNIA PLUMBING CODE
Sections:

15.20.010-Adoption

15.20.020-Swimming pools and spas

15.20.030-Sprinkler Irrigation Systems

15.20.010-Adoption
The City of Atwater adopts by reference as its plumbing code, the California Plumbing Code, 2025 Edition and the appendices based on the 2024 Uniform Plumbing Code as published by International Association of Plumbing and Mechanical Officials (IAPMO) and as adopted by the California Building Standards Commission in Title 24 of the California Code of Regulations.

15.20.020- Swimming pools and spas

15.20.030- Sprinkler Irrigation Systems
Chapter 15.22-UNIFORM SWIMMING POOL, SPA & HOT TUB CODE Sections:

15.22.010-Adoption

15.22.010-Adoption
The City of Atwater adopts by reference as its swimming pool, spa and hot tub code, the Uniform Swimming Pool, Spa & Hot Tub Code 2006 2009 Edition as published by the International Association of Plumbing and Mechanical Officials (IAPMO).

Chapter 15.24-SIGNS
Section:

Ordinance No. Page 6

15.24.010-Adoption

15.24.010-Adoption
The City of Atwater adopts by reference as its sign code Appendix Chapter H (SIGNS) under the latest Edition of the California Building Code, as shown under Chapter 15.08 of the Atwater Municipal Code.

Chapter 15.28-CALIFORNIA FIRE CODE
Sections:

15.28.010-Adoption

15.28.010-Adoption
The City of Atwater adopts by reference as its fire code, the California Fire Code, 2025 Edition and including Appendix C (Fire Hydrant Locations and Distribution);; Appendix D (Fire Apparatus Access Roads); Appendix I (Fire Protection SystemNoncompliance Conditions); and Appendix J ( Emergency Responder Radio Coverage), based on the 2024 International Fire Code as published by the International Code Council (ICC) and as adopted and amended by the California Building Standards Commission in the California Building Standards Code Title 24 of the California Code of Regulations.

Chapter 15.36-CALIFORNIA ADMINISTRATIVE CODE
Sections:

15.36.010-Adoption

15.36.020-Amendments

15.36.010-Adoption

The City of Atwater hereby adopts by reference the California Administrative Code, 2025 Edition as adopted by the California Building Standards Commission in Title 24 of the California Code of Regulations.

15.36.20-Amendments
None

15.36.030-Fees
Adopt 2025 California Administration Code Article 5 1-501.

Chapter 15.38-UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS

BUILDINGS

Ordinance No. Page 7
Sections:

15.385.010-Adoption

15.385.020-Amendments

15.38.010-Adoption
The City of Atwater herby adopts by reference the Uniform Code for the Abatement of Dangerous Buildings 1997 Edition.

15.38.0120-Amendments
None
SECTION 2: Effective Date and Publication.

This Ordinance shall take effect and be in force January 1, 2026. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the Merced Sun Star within fifteen (15) days from adoption hereof.

Section 3. Severability.

If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. This City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance be enforced.

INTRODUCED:

ADOPTED:

AYES:

NOES:

ABSENT:

Ordinance No. Page 8
APPROVED:

______________________________
MICHAEL G. NELSON, MAYOR
ATTEST:
____________________________
KORY J. BILLINGS, CITY CLERK

CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

October 27, 2025
TO: Mayor and City Council
FROM: Christopher Hoem, City Manager

PREPARED
BY:

Christopher Hoem, City Manager
SUBJECT: Waive the First Reading by Title only and Introduce an Ordinance amending Chapter 17.16 “Low Density Residential Districts” of the Atwater Municipal Code to adjust the Minimum Lot Depth (City Manager Hoem)

RECOMMENDED COUNCIL ACTION
Open the public hearing and receive any testimony from the public; and Close the public hearing; and
Motion to waive the first reading by title only, and introduce Ordinance No. CS 1076 amending Chapter 17.16 “Low Density Residential Districts” of the Atwater Municipal Code to adjust the Minimum Lot Depth in Section 17.16.050 of this chapter and add definitions for knuckle lots and cul-de-sac lots in Chapter 17.06); or Motion to approve staff's recommendation as presented.

I. BACKGROUND/ANALYSIS:

I. BACKGROUND:

The regulations for site plans were first adopted in 1975 and last revised in 2023. While other nearby cities have modernized their corresponding regulations, the City of Atwater is due for an update to ensure consistency with contemporary development standards.

Currently, the Atwater Municipal Code does not include definitions for “knuckle lots” or “cul-de-sac lots,” nor does it specify minimum lot depths for them (see Exhibit A). This Zoning Ordinance Text Amendment proposes to update the Code to include these definitions and establish appropriate minimum lot depth standards in Chapter 17.06.

II. ANALYSIS:

CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Brian Raymond
John Cale Kalisa Rochester

Agenda Report - Waive the First Reading by Title only and Introduce an Ordinance amending Chapter 17.16 “Low Density Residential Districts” of the Atwater Municipal Code to adjust the Minimum Lot Depth (City Manager Hoem) Page 2

Many residential subdivision projects, particularly those involving larger developments, include knuckle lots and cul-de-sac configurations. However, the Code does not currently include definitions and minimum lot depth standards for such lots.

The amendment adds the following definitions to the Atwater Municipal Code:

17.06.327 Knuckle Lot: A lot located at the curved turning point or bend of a roadway, typically within a cul-de-sac or curved street alignment, resulting in an irregular lot shape.

17.06.188 Cul-de-sac: A street that is closed at one end.

The amendment also establishes the following minimum lot depths in low-density residential zones:

Zone Knuckle Lot (ft) Cul-de-sac Lot (ft)
R-E 120 110
R-1-10 90 80
R-1-8 90 80
R-1-6 90 80
R-1-5 90 80
These changes clarify the Atwater Municipal Code to include specific lot depth requirements for knuckle and cul-de-sac lots.

The following documents are attached to this staff report:

1. Draft Ordinance

2. Exhibit A (Proposed Chapter 17.06, “Definitions”)

3. Exhibit B (Proposed Section 17.16.050)

4. Exhibit C (Redlined Chapter 17.06, “Definitions”)

5. Exhibit D (Redlined Section 17.16.050)

6. Exhibit E (Current Chapter 17.06, “Definitions”)

7. Exhibit F (Current Section 17.16.050)
II. FISCAL IMPACTS:

No negative fiscal impacts are anticipated with the approval of this ordinance.

III. LEGAL REVIEW:

This item has been reviewed by the City Attorney's Office.

Agenda Report - Waive the First Reading by Title only and Introduce an Ordinance amending Chapter 17.16 “Low Density Residential Districts” of the Atwater Municipal Code to adjust the Minimum Lot Depth (City Manager Hoem) Page 3

IV. EXISTING POLICY:

This ordinance will amend Chapter 17.06 (“Definitions”) and Section 17.16.050 of the Atwater Municipal Code.

The proposed amendment is consistent with the City’s General Plan and does not conflict with other City policies or guidelines.

V. ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

This item has been reviewed by all the relevant departments.

VII. PUBLIC PARTICIPATION:

The public hearing was properly noticed and advertised for the regularly scheduled City Council hearing. The public can provide comments on this item prior to City Council action.

VIII. ENVIRONMENTAL REVIEW:

Pursuant to the California Environmental Quality Act (CEQA), the draft ordinance is categorically exempt under section 15061, (b)(3). This exemption states that the activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Therefore, the activity is not subject to CEQA.

IX. STEPS FOLLOWING APPROVAL:

The second reading and adoption of the ordinance will be scheduled for the next regular City Council meeting.

Submitted and Approved by:

Chris Hoem, City Manager
Attachments:

1. RSO 0276-25 Draft Ordinance

2. RSO 0276 Exhibit A (Proposed Chapter 17.06 Definitions)

3. RSO 0276 Exhibit B (Proposed Section 17.16.050)

4. RSO 0276 Exhibit C (Redlined Chapter 17.06 Definitions)

Agenda Report - Waive the First Reading by Title only and Introduce an Ordinance amending Chapter 17.16 “Low Density Residential Districts” of the Atwater Municipal Code to adjust the Minimum Lot Depth (City Manager Hoem) Page 4

5. RSO 0276 Exhibit D (Redlined Section 17.16.050)

6. RSO 0276 Exhibit E (Current Chapter 17.06 Definitions)

7. RSO 0276 Exhibit F (Current Section 17.16.050)

CITY COUNCIL
OF THE

CITY OF ATWATER

ORDINANCE NO. XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF ATWATER ADOPTING ZONING
ORDINANCE TEXT AMENDMENT NO. 25-18-0100
AMENDING CHAPTER 17.16: “LOW DENSITY
RESIDENTIAL DISTRICTS” OF THE ATWATER

MUNICIPAL CODE TO ADJUST THE MINIMUM
LOT DEPTH IN SECTION 17.16.050 OF THIS

CHAPTER AND ADD DEFINITIONS FOR

KNUCKLE LOTS AND CUL-DE-SAC LOTS IN
CHAPTER 17.06.

WHEREAS, on October 15, 2025, the Planning Commission held a duly-noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning this proposed Ordinance. Following the public hearing, the Planning Commission voted to forward the Ordinance to the City Council with a recommendation in favor of its adoption; and
WHEREAS, the Zoning Ordinance Text Amendment (ZOTA) will not have a detrimental effect on the health, safety, and welfare of the neighborhood, nor have any adverse effect on the community; and,
WHEREAS, the City Council finds that the following findings can be made for ZOTA No. 25- 18-0100:

1. The proposed ordinance is consistent with the Atwater General Plan.

2. Adoption of the ordinance is exempt from CEQA review under CEQA Guidelines section 15061(b)(3).

3. The public hearing for this project has been adequately noticed and advertised.

4. The project will not have a detrimental effect on the health, safety, and welfare of the neighborhood or any adverse effects on the community.

NOW THEREFORE BE IT ORDAINED, by the City Council of the City of Atwater as follows:

SECTION 1. Incorporation. The recitals above are each incorporated by reference and adopted as findings by the City Council.

City Council Ordinance No. XXXX Page 2
SECTION 2. CEQA. The City Council finds, in the exercise of its independent judgment, that the adoption of this ordinance is exempt under California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3), the common sense exemption, which provides that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 3. General Plan. The City Council hereby finds that the adoption of the Ordinance is consistent with the General Plan.

SECTION 4. Code Amendment. Chapter 17.06 and Section 17.16.050 of the Atwater Municipal Code are hereby amended and restated to read in their entirety as provided in “Exhibit A” and “Exhibit B” attached hereto and incorporated herein by reference.

SECTION 5. Effective Date. Within fifteen (15) days from and after adoption, this Ordinance shall be published once in a newspaper of general circulation printed and published in Merced County and circulated in Atwater, in accordance with California Government Code Section 36933. This Ordinance shall take effect and be enforced thirty (30) days after its adoption.

SECTION 6. Publication. The City Clerk is directed to certify to the adoption of this Ordinance and post or publish this Ordinance as required by law.

SECTION 7. Custodian of Records. The custodian of records for this Ordinance is the City Clerk and the records comprising the administrative record are located at 1160 Fifth St, Atwater, CA 95301.

SECTION 8. Severability. If any provision of this Ordinance or its application to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof. (THE ORDINANCE CONTINUES TO THE NEXT PAGE)

City Council Ordinance No. XXXX Page 3
INTRODUCED:

ADOPTED:

AYES:

NOES:

ABSENT:

APPROVED:
__________________________________
MIKE G. NELSON,
MAYOR

ATTEST:
______________________________
KORY J. BILLINGS,

CITY CLERK

Exhibit A
Title 17 - ZONING
CHAPTER 17.06 DEFINITIONS
Atwater, California, Code of Ordinances Created: 2025-10-01 08:18:34 [EST] (Supp. No. 11)

CHAPTER 17.06 DEFINITIONS

17.06.010 Abut.

Two adjoining parcels of property with common property line are herein considered as one parcel abutting the other.
(Prior Code § 10-3.401; Ord. CS 447, 1980)

17.06.015 Accessory building.

A building, part of a building, or structure which is subordinate to, and the use of which is incidental to that of the main building, structure, or use on the same lot. (Prior Code § 10-3.402; Ord. CS 447, 1980)

17.06.016 Accessory buildings, exempt.

An accessory building or structure which contains less than 120 square feet of projected roof area and is less than eight feet in overall height is exempt from the provisions of this chapter; provided that no such structure shall encroach on any front yard or easement and that only one exempt structure is permitted per residential lot. (Ord. CS 484, 1981)

17.06.020 Accessory living quarters or guest house.

Living quarters within an accessory building located on the same premises for use by temporary guests of the occupant of the premises, such quarters having no kitchen facilities, not rented, leased or sold separately from the rental, lease or sale of the main building.
(Prior Code § 10-3.403; Ord. CS 447, 1980)

17.06.025 Accessory use.

A use naturally and normally incidental to, subordinate to and devoted exclusively to the main use of the premises.
(Prior Code § 10-3.404; Ord. CS 447, 1980)

17.06.030 Alcoholic beverages.

To include any beverage containing alcohol, including beer, wine, champagne, hard liquor, etc. (Prior Code § 10-3.405; Ord. CS 447, 1980)

Created: 2025-10-01 08:18:31 [EST]
(Supp. No. 11)

17.06.035 Alley.

Any dedicated way intended for vehicular service to the rear or side of property served by a street. (Prior Code § 10-3.405; Ord. CS 447, 1980)

17.06.040 Amusement arcade.

A commercial establishment or business operated primarily to amuse customers through the use of amusement games or devices operated by or at the request of the customer. Amusement games or devices are mechanical, electrical or electronic games or devices for the purpose of testing the skill or amusement or information to the participant and/or spectators or observers. A device to provide music only is not an amusement game or device.
(Prior Code § 10-3.405A; Ord. CS 346, 1977; Ord. CS 386, 1979; Ord. CS 447, 1980)

17.06.045 Amusement or recreation, commercial places of.

Generally, a common sense analysis of the proposed commercial use determines the applicability of Section

17.45.010 subsection (g), provided that an amusement arcade is specifically a place of amusement or recreation. (Prior Code § 10-3.405B; Ord. CS 346, 1977; Ord. CS 386, 1979; Ord. CS 447, 1980)

17.06.047 Antenna array.

An antenna array is one or more rods, panels, discs, or similar devices used for the transmission or reception of radio frequency signals, which may include omni-directional antenna (rod), directional antenna (panel) and parabolic antenna (disc). The Antenna Array does not include the support structure. (Ord. CS 780, 2-28-2000)

17.06.050 Apartment.

One of three or more dwelling units located on a single lot, each having separate kitchen and toilet facilities.

Also see Dwelling, Multiple family.
(Prior Code § 10-3.406; Ord. CS 447, 1980)

17.06.055 Apartment, efficiency.

An apartment containing no bedroom, in which the living room usually serves as the sleeping facility. (Ord. CS 447, 1980)

17.06.060 Apartment, studio.

Same as "Apartment-Efficiency."
(Ord. CS 447, 1980)

Created: 2025-10-01 08:18:31 [EST]
(Supp. No. 11)

17.06.065 Architectural control.

Approval of the appearance of buildings or structures built or to be built, erected, constructed, altered, or relocated, based on plans and elevations of the proposed buildings or structures, or approval of the appearance of businesses to be conducted primarily out of doors. Architectural control shall also include approval of landscaping, signs and/or other elements of exterior appearance.
(Prior Code § 10-3.409; Ord. CS 447, 1980)

17.06.067 Attached wireless communication facility. (Attached WCF).

An attached wireless communication facility is an antenna array that is attached to an existing building or structure, which structure shall include but not be limited to utility poles, signs, water towers, with any accompanying pole or device which attaches the antenna array to the existing building or structure and associated connection cables, and an equipment facility which may be located either inside or outside the attachment structure.
(Ord. CS 780, 2-28-2000)

17.06.070 Auction.

A public sale at which the merchandise (old or new) goes to the highest bidder. (Ord. CS 447, 1980)

17.06.075 Automobile and trailer sales lot.

An open area used for the display, sales or rentals of new or used automobiles and trailer coaches, but where no repair, repainting or remodeling is done.
(Prior Code § 10-3.410; Ord. CS 447, 1980)

17.06.080 Automobile service station.

Any building, structure, premise or other place used primarily for the retail sale and dispensation of motor fuels, lubricants and motor vehicle accessories, and the rendering of minor services and repairs to such vehicles, but not including painting or body and fender repair and washing where a conveyor, blower, or steam cleaning device is used.
(Prior Code § 10-3.412; Ord. CS 447, 1980)

17.06.085 Automobile wrecking yard.

Any lot, or the use of any portion of a lot for the dismantling or wrecking of automobiles and other motor vehicles, or for their storage, or the keeping for sale of parts and equipment resulting from such dismantling or wrecking.
(Prior Code § 10-3.411; Ord. CS 447, 1980)

Created: 2025-10-01 08:18:31 [EST]
(Supp. No. 11)

17.06.090 Awning.

A roof-like cover of canvas or other materials, extending out from a building, usually above windows or doors. Also "Marquee."
(Ord. CS 447, 1980)

17.06.095 Balcony.

A platform, enclosed by a parapet or a railing, projecting from the wall of a building above ground floor level. (Ord. CS 447, 1980)

17.06.100 Basement.

A space partly or wholly underground, and having more than one half of its height measured from its floor to the ceiling below the average of adjoining grade; if the finished floor level directly above a basement is more than six feet above grade at any point, such basement shall be considered a story. (Prior Code § 10-3.413; Ord. C 447, 1980)

17.06.105 Block.

All property fronting on one side of a street between intercepting streets, or between a street and right-ofway, waterway, and of a cul-de-sac, or City-county boundary. (Prior Code § 10-3.414; Ord. CS 447, 1980)

17.06.110 Boarding or rooming house.

A building with not more than three guest rooms, where, for compensation, meals are provided for at least three but not more than five persons.
(Prior Code § 10-3.415; Ord. CS 447, 1980)

17.06.115 Boat Trailer.

A trailer designed or used to transport a boat.
(Prior Code § 10-3.416; Ord. CS 447, 1980)

17.06.120 Building.

Any structure built and maintained for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind, but shall not include temporary buildings as defined in "Structure—Temporary." Trailers, with or without wheels, shall not be considered as buildings. (Prior Code § 10-3.417; Ord. CS 447, 1980)

Created: 2025-10-01 08:18:31 [EST]
(Supp. No. 11)

17.06.125 Building, area of.

The sum in square feet of the gross area covered by all buildings and structures on a lot. (Prior Code § 10-3.418; Ord. CS 447, 1980)

17.06.130 Building, height of.

The vertical distance from the average ground level to the highest point of the structure exclusive of chimneys and ventilators.
(Prior Code § 10-3.420; Ord. CS 447, 1980)

17.06.135 Building, main.

A building within which is conducted the principle use permitted on the lot. (Prior Code § 10-3.420; Ord. CS 447, 1980)

17.06.140 Building setback line.

The minimum distance between any property line and the closest portion of the foundation of the main building, or enclosed or covered porch attached thereto. (Prior Code § 10-3.421; Ord. CS 447, 1980)

17.06.145 Building site.

The ground area of a building together with all the open space required by this ordinance. (Prior Code § 10-3.422; Ord. CS 447, 1980)

17.06.150 Temporary.

See "Structure-Temporary."
(Prior Code § 10-3.423; Ord. CS 447, 1980)

17.06.155 Bus.

A "bus" is any vehicle, including a trailer bus, designed, used, or maintained for carrying more than 15 persons including the driver or a vehicle designed, used, or maintained for carrying more than ten persons, including the driver, which is used to transport persons for compensation or profit, or is used by any nonprofit organization or group, is also a bus. A van pool vehicle is not a bus. (Prior Code § 10-3.424; Ord. CS 447, 1980; Ord. CS 755, 12-8-1997)

Created: 2025-10-01 08:18:31 [EST]
(Supp. No. 11)

17.06.160 Business or commerce.

The purchase, sale or other transaction involving the handling, or disposition of any article, substance or commodity for profit or livelihood; recreational or amusement enterprises and trades rendering personal services. (Prior Code § 10-3.425; Ord. CS 447, 1980)

17.06.165 Camper.

A truck with a body attachment, the attachment designed to be used for human habitation. (Prior Code § 10-3.426; Ord. CS 447, 1980)

17.06.170 Church.

A permanently located building commonly used for religious worship fully enclosed with walls (including windows and doors) and having a roof (canvas or fabric excluded) and conforming to applicable legal requirements affecting design and construction.
(Prior Code § 10-3.427; Ord. CS 447, 1980)

17.06.172 Collocation/site sharing.

Collocation/site sharing shall mean use of a common wireless communication facility or common site by two or more wireless license holders or by one wireless license holder for more than one type of communications technology and/or placement of a wireless communication facility on a structure owned or operated by a utility or other entity.
(Ord. CS 780, 2-28-2000)

17.06.174 Community care facility.

Any facility, place or building which is maintained and operated to provide non-medical residential care or day care services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired or incompetent persons. A Community Care Facility which services six or fewer persons shall be considered a residential use of property for the purposes of this chapter. (Ord. CS 484, 1981)

17.06.175 Condominium.

Means the same as defined by Section 16.53.020 (d) of the Atwater Municipal Code as referenced to Section 783 of the California Civil Code.
(Ord. CS 447, 1980)

17.06.180 Condominium conversions.

The conversion of existing dwelling units into condominiums.

Created: 2025-10-01 08:18:32 [EST]
(Supp. No. 11)

(Ord. CS 447, 1980)

17.06.185 Court.

An open, unoccupied area, other than a yard, on the same lot with a building or buildings, bounded on two or more sides by such building or buildings.
(Prior Code § 10-3.428; Ord. CS 447, 1980)

17.06.187 Crop cultivation.

The cultivation of tree, vine, field, forage, and other plant crops intended to provide food or fibers. The classification excludes wholesale or retail nurseries, vineyards and ancillary wineries and distilleries. This classification includes the indoor cultivation of cannabis, marijuana, and cannabis, marijuana nurseries. (Ord. CS 982, § 3, 10-23-2017)

17.06.188 Cul-de-sac
A street or passage that is closed at one end.
(Ord. CS XXX, 11-10-2025)

17.06.190 District.

A portion of the territory of the City with which certain regulations and requirements or various combinations thereof apply under the provisions of this Code. (Prior Code § 10-3.429; Ord. CS 447, 1980)

17.06.195 Dump.

A place used for the disposal, abandonment, or discarding by burial, incineration, or by any other means of any garbage, sewage, trash, refuse, rubble, waste materials, offal or dead animals. (Prior Code § 10-3.430; Ord. CS 447, 1980)

17.06.200 Duplex.

See "Dwelling-Two-Family."
(Ord. CS 447, 1980)

17.06.205 Dwelling.

A building or portion thereof designed and used exclusively for residential occupancy and permitted home occupations, including single-family, two-family and multiple-family dwellings, trailers in a trailer park area, but not including hotels, motels, boarding or rooming houses.

Created: 2025-10-01 08:18:32 [EST]
(Supp. No. 11)

(Prior Code § 10-3.431; Ord. CS 447, 1980)

17.06.210 Dwelling, group.

Two or more dwellings located on a single lot and each having separate kitchen and toilet facilities. (Prior Code § 10-3.435; Ord. CS 447, 1980)

17.06.215 Dwelling, multiple family.

A building or buildings designed and used for occupancy by three or more families, all living independently of each other and having separate kitchen and toilet facilities for each family or building on the same parcel of real property.
(Prior Code § 10-3.432; Ord. CS 447, 1980)

17.06.220 Dwelling, one-family.

A detached building designed or used exclusively for the occupancy of one family, and having kitchen and toilet facilities for only one family.
(Prior Code § 10-3.433; Ord. CS 447, 1980)

17.06.225 Dwelling, two-family.

A building designed or used exclusively for the occupancy of two families living independently of each other and having separate kitchen and toilet facilities for each family. (Prior Code § 10-3.434; Ord. CS 447, 1980)

17.06.230 Dwelling unit.

Two or more connected rooms in a dwelling designed or used exclusively for the occupancy by one family for living or sleeping purposes and having only one kitchen and separate toilet facilities. (Prior Code § 10-3.436; Ord. CS 447, 1980)

17.06.235 Employee.

Employee shall mean any person employed or anticipated to be employed on the premises. (Ord. CS 447, 1980)

17.06.237 Equipment facility.

An equipment facility is any structure used to contain ancillary equipment for a Wireless communication facility which includes cabinets, shelters, a build-out of an existing structure, pedestals, and other similar structures.
(Ord. CS 780, 2-28-2000)

Created: 2025-10-01 08:18:32 [EST]
(Supp. No. 11)

17.06.240 Family.

An individual or two or more persons related by blood, marriage, or adoption, or a group of not more than five persons (excluding domestic employees) who need not be related by blood, marriage, or adoption, living together in a single-family dwelling unit.
(Prior Code § 10-3.437; Ord. CS 447, 1980)

17.06.245 Fence.

An enclosing or dividing framework for land, yards or gardens that permits fifty percent of light, air and vision through the surface in a horizontal plane.
(Prior Code § 10-3.438; Ord. CS 447, 1980)

17.06.250 Fence, wall.

A masonry structure or device forming a physical barrier, which is so constructed that the vertical surface is closed and prevents the passage of light and vision through said surface in a horizontal plane. (Ord. CS 447, 1980)

17.06.255 Fence, solid.

Any structure or device forming a physical barrier, which is so constructed that the vertical surface is closed and prevents the passage of light and vision through said surface in a horizontal plane. (Ord. CS 447, 1980)

17.06.258 Fifth-wheel travel trailer.

A "fifth-wheel travel trailer" is a vehicle designed for recreational purposes to carry persons or property on its own structure and so constructed as to be drawn by a motor vehicle by means of a kingpin connecting device. (Ord. CS 755, 12-8-1997)

17.06.260 Floor area.

For the purpose of establishing parking requirements, floor area shall mean the net floor area. In the case of office, merchandising or service types of uses it shall not include areas principally for non-public purposes such as incidental repair, processing or packaging of merchandise, for show windows, for toilets or restrooms, for utilities, or for dressing rooms, fitting rooms or alteration rooms. (Prior Code § 10-3.439; Ord. CS 447, 1980)

17.06.265 Frontage.

That portion of a parcel of property which abuts a dedicated public street or highway. (Prior Code § 10-3.440; Ord. CS 447, 1980)

Created: 2025-10-01 08:18:32 [EST]
(Supp. No. 11)

17.06.270 Garage, public.

Any building other than a private garage used for the care, repair or equipment of automobiles, or where such vehicles are parked or stored for remuneration, hire or sale. (Prior Code § 10-3.442; Ord. CS 447, 1980)

17.06.275 Garage sale.

For the purpose of this chapter, a "garage sale" is a sale conducted by an individual home owner or occupant of a home, or apartment owner, or an occupant of an apartment unit, or owner or occupant of any other residential or dwelling unit, for the purpose of selling, trading, bargaining, exchanging or otherwise disposing of unwanted or surplus household furnishings, or goods, or other tangible personality, usually conducted in a garage, on a patio, upon a driveway, or on or in any portion of premises in a residential zone, and for which no inventory or permanent or detailed records are kept on the transactions thus carried out. It may, at times, be conducted by a combination of residential dwellers at a single location. All sales designated "lawn sale," "attic sale," "moving sale," "flea market sale," or other terms of similar or like intent and having the foregoing characteristics and purposes are garage sales, excluding those sales held by charitable institutions on property owned and maintained by said organizations, and, excluding those areas sponsored by bona fide service clubs. (Ord. CS 447, 1980; Ord. CS 776, 9-27-1999)

17.06.280 Grade.

The mean elevation of the finished surface of the ground adjacent to the exterior walls of the building; except that where the exterior walls are within five feet of a street line, the elevations of the sidewalk at the center of such exterior wall or walls shall be taken as the grade. (Prior Code § 10-3.443; Ord. CS 447, 1980)

17.06.285 Guest.

Any transient who occupies a room for sleeping purposes. (Prior Code § 10-3.444; Ord. CS 447, 1980)

17.06.290 Guest room.

A room which is designed and/or used by one or more guests for sleeping purposes, but, in which no provision is made for cooking.
(Prior Code § 10-3.445; Ord. CS 447, 1980)

17.06.295 Hedge.

A plant or series of plants, shrubs, or other landscape materials, so arranged as to form a physical barrier by enclosure.
(Prior Code § 10-3.446; Ord. CS 447, 1980)

Created: 2025-10-01 08:18:32 [EST]
(Supp. No. 11)

17.06.297 Height. Wireless communication facility (WCF).

When referring to a wireless communication facility, height shall mean the distance measured from grade to the highest point on the wireless communication facility, including the antenna array. (Ord. CS 780, 2-28-2000)

17.06.300 Home occupations.

A business conducted entirely within or from a dwelling unit and carried on by persons residing within the dwelling unit, which use is clearly incidental and secondary to the use of the dwelling and does not change the residential character of the dwelling or adjacent dwellings and in connection with that there is no display or commodities sold at the dwelling and no use of any accessory buildings or yard space or activity outside the dwelling.
(Prior Code § 10-3.447; Ord. CS 447, 1980; Ord. CS 631, 1987)

17.06.305 Industry, industrial operation.

The manufacture, fabrication, processing, reduction or destruction of any article, substance or commodity, or any other treatment thereof in such a manner as to change the form, character or appearance thereof and including storage elevators, storage yards, warehouses, wholesale storage and other similar types of enterprises.

This classification includes the cultivation, nurseries, processing, extraction, manufacturing, testing, distribution, and transportation of cannabis and cannabis products.
(Prior Code § 10-3.449; Ord. CS 447, 1980; Ord. CS 982, § 4, 10-23-2017)

17.06.310 Junk.

Any worn out, cast off, or discarded article or material which is ready for destruction or has been collected or stored for salvage or conversion to some use. Any article or material which, unaltered or unchanged and without further reconditioning, can be used for its original purpose as readily as when new, shall not be considered junk. (Prior Code § 10-3.450; Ord. CS 447, 1980)

17.06.315 Junk yard.

Any lot, or the use of any portion of a lot, for the dismantling of machinery (not including motor vehicles) or for the storage or keeping for sale of parts and equipment resulting from dismantling or wrecking, or for the storage or keeping of junk, including scrap metals or other scrap materials, pipes, plumbing, etc. (Prior Code § 10-3.451; Ord. CS 447, 1980)

17.06.320 Kennel.

Any lot or premises on which four or more dogs and/or cats over four months old are kept, maintained, boarded or offered for sale.
(Prior Code § 10-3.452; Ord. CS 447, 1980)

Created: 2025-10-01 08:18:32 [EST]
(Supp. No. 11)

17.06.325 Kitchen.

Any room or area intended or designed to be used or maintained for the cooking, storing and preparation of food.
(Prior Code § 10-3.453; Ord. CS 447, 1980)

17.06.327 Knuckle Lot
A lot located at the curved turning point or bend of a roadway, typically within a cul-de-sac or curved street alignment, resulting in an irregular lot shape.
(Ord. CS XXX, 11-10-2025)

17.06.330 Landscaping.

Shall mean planting, including trees, shrubs, lawn areas, ground covers, suitably designed, selected, installed and maintained so as to be permanently attractive. Decorative screens, fences, ornamental post lamps and decorative rock are considered as elements of landscape development. (Ord. CS 447, 1980)

17.06.335 Landscape plan.

A plan showing the size, location, number and variety of major plant materials to be used, including the botanical or common plant names and the location, type and design of all irrigation facilities. (Ord. CS 447, 1980)

17.06.340 Loading.

The removal or replacement of any commodity, in, on, or from a vehicle of any type. (Prior Code § 10-3.454; Ord. CS 447, 1980)

17.06.345 Loading space.

An off-street space or berth on the same lot with a building or contiguous to a group of buildings, for the temporary parking of commercial vehicles while loading or unloading and which abuts a street, alley, or other appropriate means of access.
(Prior Code § 10-3.455; Ord. CS 447, 1980)

17.06.350 Lot.

A parcel of land occupied or to be occupied by a use, building, or unit group of buildings and accessory buildings, together with such yards, open space, lot width and lot area as are required by this chapter, and having

Created: 2025-10-01 08:18:32 [EST]
(Supp. No. 11)

frontage upon a street (other than an alley), or a private easement determined by the Commission to be adequate for purposes of access.
(Prior Code § 10-3.456; Ord. CS 447, 1980)

17.06.355 Lot area.

The total of the area, measured in a horizontal plane, within the lot lines of a lot. (Prior Code § 10-3.457; Ord. CS 447, 1980)

17.06.360 Lot corner.

A lot situated at the junction of two or more streets having an angle of intersection of not more than 135 degrees, with a boundary line thereof bordering on each of the streets. The point of intersection of the street right-of-way lines or the extension of such lines to a point is the "corner." (Prior Code § 10-3.458; Ord. CS 447, 1980)

17.06.365 Lot coverage.

The area of a lot occupied by buildings, structures, and covered parking areas, not including fences, hedges, swimming pools, and uncovered patios.
(Prior Code § 10-3.459; Ord. CS 378, 1979; Ord. CS 447, 1980)

17.06.370 Lot depth.

The average horizontal distance between the front and rear lot lines, measured in the mean direction of the side lot lines.
(Prior Code § 10-3.460; Ord. CS 447, 1980)

17.06.375 Lot, key.

The first lot to the rear of a reversed corner lot and not separated by an alley. (Prior Code § 10-3.461; Ord. CS 447, 1980)

17.06.380 Lot line.

Any line bounding a lot as herein defined.
(Prior Code § 10-3.465; Ord. CS 447, 1980)

17.06.385 Lot line, front.

The property line dividing a lot from a street. On a corner lot only one street line shall be considered the front line and the shorter street frontage shall be considered the front line, except in those cases where the latest deed restrictions specify another line as the front lot line.

Created: 2025-10-01 08:18:33 [EST]
(Supp. No. 11)

(Prior Code § 10-3.466; Ord. CS 447, 1980)

17.06.390 Lot line, rear.

A line which is opposite and most distant from the front lot line, and, in the case of an irregular, triangular or gore shaped lot, a line within a lot at least ten feet in length, parallel to and/or at the maximum distance from the front lot line.
(Prior Code § 10-3.467; Ord. CS 447, 1980)

17.06.395 Lot line, side.

Any lot lines other than the front or rear lot lines.
(Prior Code § 10-3.468; Ord. CS 447, 1980)

17.06.400 Lot, non-conforming.

A lot having less area or dimension than required in the district in which it is located and which was lawfully created prior to the zoning ordinance of October 8, 1956, or before it was annexed to the City. (Prior Code § 10-3.462; Ord. CS 447, 1980)

17.06.405 Lot, reversed corner.

A corner lot, the sideline of which is substantially a continuation of the front lot lines of the lots to its rear, whether across an alley or not.
(Prior Code § 10-3.464; Ord. CS 447, 1980)

17.06.410 Lot, through.

A lot having frontage on two public streets, not including a corner or reversed corner lot. (Prior Code § 10-3.463; Ord. CS 447, 1980)

17.06.415 Lot width.

The average horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.
(Prior Code § 10-3.469; Ord. CS 447, 1980)

17.06.417 Massage Therapy.

Means any method of pressure on or pressure against, or stroking kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external parts of another human body with the use of the hands, arms or other portion of the body, or with the aid of any mechanical or electrical apparatus or appliances with or without such

Created: 2025-10-01 08:18:33 [EST]
(Supp. No. 11)

supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments or other similar preparations commonly used in this practice.
(Ord. CS 768, 3-8-1999)

17.06.420 Medical office.

Any building or portion of a building used or intended to be used as an office for the practice of any type of medicine, including chiropractics, dentistry, or optometry. It may also include clinics of a medical or dental nature. (Prior Code § 10-3.470; Ord. CS 447, 1980)

17.06.425 Mobile living unit.

A camp trailer, camper, house car, mobile home, recreational vehicle, or trailer coach as each of these terms is defined in the Health and Safety Code of the State of California, and the Vehicle Code of the State of California, or any other vehicle or structure originally designed or permanently altered in such a manner to permit occupancy or use thereof for living and sleeping purposes, and so designed or equipped with wheels, or capable of being mounted on wheels and used as a conveyance on public streets or highways. (Prior Code § 10-3.498; Ord. CS 364, 1978; Ord. CS 447, 1980)

17.06.430 Motel.

A building or group of buildings used for transient residential purposes containing guest rooms or dwelling units with automobile storage space provided in connection therewith, which building or group is designed, intended, or used primarily for the accommodation of transient automobile travelers; including groups designated as auto cabins, motor courts, motor hotels, and similar designations. (Prior Code § 10-3.472; Ord. CS 447, 1980)

17.06.433 Motor truck.

A "motor truck" or "motor truck" is a motor vehicle designed, used, or maintained primarily for the transportation of property.
(Ord. CS 755, 12-8-1997)

17.06.435 Non-conforming building.

A building or portion thereof which was lawful when established but which does not conform to subsequently established zoning or zoning regulations.
(Prior Code § 10-3.473; Ord. CS 447, 1980)

17.06.440 Non-conforming use.

A use lawful when established but which does not conform to subsequently established zoning or zoning regulations.
(Prior Code § 10-3.474; Ord. CS 447, 1980)

Created: 2025-10-01 08:18:33 [EST]
(Supp. No. 11)

17.06.445 Nuisance.

Something which, by its use or existence, works annoyance, harm or damage to another. (Ord. CS 447, 1980)

17.06.450 Nursery school.

A public, private, or other profit or nonprofit institution or organization conducting regularly scheduled care or supervision of preschool or school-age children.
(Prior Code § 10-3.475; Ord. CS 447, 1980)

17.06.455 Parapet.

A low guarding wall at any point of sudden drop, as at the edge of a terrace, roof, balcony, etc. In an exterior wall, fire wall, or party wall, the part entirely above the roof. (Ord. CS 447, 1980)

17.06.460 Parking area, private.

An area, other than a street, used for the parking of automotive vehicles and restricted from general public use.
(Prior Code § 10-3.476; Ord. CS 447, 1980)

17.06.475 Patio.

An outdoor area adjoining walls of a building, paved, intended for outdoor living use. Sometimes covered by a roof. Completely open on at least 25 percent of the total amount of wall surface. (Ord. CS 447, 1980)

17.06.476 Patio cover.

A roof structure attached to the main building that provides full or partial protection from the sun or rain and is open on all sides within the required rear yard setback. This may include such structures as arbors, awnings, pergolas or extended roof overhangs.
(Ord. CS 484, 1981)

17.06.480 Patio house.

A form of low-cost housing, is a single story dwelling unit on a small lot. Front, side and rear yards are consolidated into one garden area, either partially or completely bordered by rooms. The garden court is enclosed by walls. The exterior walls are erected on the lot lines. (Ord. CS 447, 1980)

Created: 2025-10-01 08:18:33 [EST]
(Supp. No. 11)

17.06.485 Person.

An individual, business, company, corporation—both public and private, association, political or governmental subdivision or unit, or other group acting as a unit entity. (Prior Code § 10-3.478a; Ord. CS 447, 1980)

17.06.490 Porch.

A structure attached to a building to shelter an entrance or to serve as a semi-enclosed space, usually roofed and generally open sided. It may be screened or glass-enclosed. (Ord. CS 447, 1980)

17.06.495 Professional office.

Any building or portion of a building used or intended to be used as an office for a lawyer, architect, engineer, land surveyor, optometrist, accountant, and any other similar profession, and shall include the practice of any type of medicine, dentistry, or chiropractory.
(Prior Code § 10-3.479; Ord. CS 447, 1980)

17.06.500 Rentable floor area.

The floor area in a building, exclusive of corridor, stairs, elevator shafts, lavatories, flues, and janitor storage closet.
(Prior Code § 10-3.480; Ord. CS 447, 1980)

17.06.505 Residence.

A building used, designed, or intended to be used as a home or dwelling place, for one or more families. (Prior Code § 10-3.481; Ord. CS 447, 1980)

17.06.510 Restaurant.

Any building or structure in which food and drinks are prepared for service to customers within such structure.
(Prior Code § 10-3.482; Ord. CS 447, 1980)

17.06.515 Restaurant, fast food.

A building or portion thereof where food is prepared which may be taken out or consumed at the premises.

Usually described as providing no table service, with a fast turn-over of customers and causing high traffic generation.
(Ord. CS 447, 1980)

Created: 2025-10-01 08:18:33 [EST]
(Supp. No. 11)

17.06.520 Rest home or convalescent home.

A building and premise in and on which two or more sick, injured or infirm ambulatory persons are housed or intended to be housed for compensation and which is not equipped or intended to be used as a hospital. (Prior Code § 10-3.483; Ord. CS 447, 1980)

17.06.525 Room.

An unsubdivided portion of the interior of a dwelling unit, excluding bathroom, kitchen, closets, hallways, and service porches.
(Prior Code § 10-3.484; Ord. CS 447, 1980)

17.06.530 School, elementary, junior high, and high.

Public and other profit or nonprofit institutions conducting regular academic instruction at kindergarten, elementary and secondary levels. Such institutions shall offer general academic instruction equivalent to the standards as prescribed by the Education Code of the State of California. (Prior Code § 10-3.485; Ord. CS 447, 1980)

17.06.535 Seating facilities.

In places of public assembly in which spectators or patrons occupy benches, pews, or other similar seating facilities, each 24 inches of such seating facilities shall be counted as one seat for the purpose of determining offstreet parking facilities. (Ord. CS 447, 1980)

17.06.536 Mobile food vendor.

Mobile food vendor (food trucks/motorized carts) shall mean any vehicle, motorized cart, or trailer that is designed to be mobile and not permanently attached to the ground from which food is peddled or sold for sale. (Ord. CS 1026, § I, 1-13-2020)

17.06.538 Semi trailer.

A "semi trailer" is a vehicle designed for carrying persons or property, used in conjunction with a motor vehicle, and so constructed that some part of its weight and that of its load rests upon, or is carried by, another vehicle.
(Ord. CS 755, 12-8-1997)

17.06.540 Senior citizen housing.

Usually government subsidized housing, with special construction features built in for the elderly. Sometimes a nurse's or doctor's office on the premises. Tenants must meet certain qualifications.

Created: 2025-10-01 08:18:33 [EST]
(Supp. No. 11)

(Ord. CS 447, 1980)

17.06.545 Setback.

The distance between any property line and the closest portion of the foundation of a building, or enclosed or covered porch or patio attached thereto.
(Prior Code § 10-3.486; Ord. CS 447, 1980)

17.06.547 Setback—Wireless communication facility (WCF).

Setback shall mean the required distance from the property line of the parcel on which the wireless communication facility is located to the support structure. (Ord. CS 780, 2-28-2000)

17.06.550 Sign.

Any words, letters, figures, numerals, designs, or other marks shown on any card, cloth, paper, metal, painted glass, wood, plaster, stone or device of any kind or character by which anything is made known and used to attract attention for advertising purposes. This definition shall not include official notices issued by a court or public body or officer or directional warnings or information sign or structure required by or authorized by law or by federal, state, county, or City authority.
(Prior Code § 10-3.488; Ord. CS 447, 1980)

17.06.555 Site plan control.

Approval of the location of structures and parking areas built or to be built, erected, or constructed, based on plans to be submitted by the applicant.
(Prior Code § 10-3.487; Ord. CS 447, 1980)

17.06.560 Spot zoning.

An amendment which reclassifies a small piece of land in a manner inconsistent with existing zoning patterns.
(Ord. CS 447, 1980)

17.06.565 Story.

That portion of a building included between surface of any floor and the surface of any floor next above it, or if there is no floor above it, then the space between such floor and ceiling next above it. (Prior Code § 10-3.489; Ord. CS 447, 1980)

Created: 2025-10-01 08:18:33 [EST]
(Supp. No. 11)

17.06.570 Street.

A public thoroughfare or right-of-way dedicated as such or condemned for use as such, other than an alley, which affords principle means of access to abutting property. (Prior Code § 10-3.490; Ord. CS 447, 1980)

17.06.575 Street, centerline.

The center line of a street right-of-way as established by official surveys. (Prior Code § 10-3.493; Ord. CS 447, 1980)

17.06.580 Street, collector.

Streets connecting residential neighborhoods with major streets, collecting the traffic from minor streets along the most direct and convenient route to the major street system. (Ord. CS 447, 1980)

17.06.585 Street, major.

The primary function of a major street is to carry a large capacity of traffic at high speed from one part of the City to another.
(Prior Code § 10-3.492; Ord. CS 447, 1980)

17.06.595 Strip commercial.

A narrow strip of individual commercial businesses along one or both sides of a major roadway. (Ord. CS 447, 1980)

17.06.600 Structural alteration.

Any change in the supporting members of a structure such as the bearing walls or partitions, columns, beams, or girders.
(Prior Code § 10-3.494; Ord. CS 447, 1980)

17.06.605 Structure.

Anything constructed or erected, the use of which required location on or under the ground or attached to something having a permanent location on the ground, except awnings, benches, statuary, fish ponds, pavement, tents, vehicles, trailers, or fences or walls used as fences less than six feet in height, or any similar object. (Prior Code § 10-3.495; Ord. CS 447, 1980)

Created: 2025-10-01 08:18:33 [EST]
(Supp. No. 11)

17.06.610 Structure, temporary.

A structure which is readily movable and used or intended to be used for a specific number of days which shall be established by the Planning Commission.
(Prior Code § 10-3.496; Ord. CS 447, 1980)

17.06.612 Support structure.

A support structure is a structure designed and constructed specifically to support an antenna array, and may include a monopole, self-supporting tower, guy-wire support tower and similar structures. Any device which is used to attach an Attached Wireless communication facility to an existing building or structure shall be excluded from this definition of regulations as applicable to support structures. (Ord. CS 780, 2-28-2000)

17.06.613 Supportive housing.
"Supportive housing" means housing with no limit on length of stay, that is occupied by the target population and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Supportive housing units are residential uses allowed in any zone allowing residential uses, subject only to those requirements and restrictions that apply to other residential uses of the same type in the same zone. "Target population" means persons, including persons with disabilities, and families who are "homeless," as that term is defined by Section 11302 of Title 42 of the United States Code, or who are "homeless youths," that term is defined by paragraph (2) of subdivision (e) of Section 11139.3 of the Government Code. (Ord. CS 1014, § 2, 9-23-2019)

17.06.615 Trailer.

A "Trailer" is a vehicle designed for carrying persons or property on its own structure and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon any other vehicle. This does not include a travel trailer as described in Section 17.06.625 nor does it include a fifth-wheel travel trailer as defined in Section

17.06.258.
(Prior Code § 10-3.497.1; Ord. CS 447, 1980; Ord. CS 755, 12-8-1997)

17.06.620 Trailer park, mobile home park or trailer court.

A space, area, or building designed, equipped, or maintained for the harboring, parking, or storing of two or more trailers, coaches, or house cars which haul such trailers, coaches or house cars being used as living or sleeping quarters for humans.
(Prior Code § 10-3.499; Ord. CS 447, 1980)

Created: 2025-10-01 08:18:33 [EST]
(Supp. No. 11)

17.06.625 Trailer, travel.

A vehicle without motive power, designed and constructed to travel on the public thoroughfares in accordance with the provisions of the State Vehicle Code and to be used for human habitation or for carrying property, without provisions for sewage disposal.
(Prior Code § 10-3.497; Ord. CS 447, 1980)

17.06.627 Transitional housing.
"Transitional housing" means rental housing operated under program requirements that call for termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months from the beginning of assistance but no longer than one year in duration. Transitional housing units are residential uses allowed in any zone allowing residential uses, subject only to those requirements and restrictions that apply to other residential uses of the same type in the same zone.
(Ord. CS 1014, § 2, 9-23-2019)

17.06.630 Truck, pickup.

A "pickup truck" is a motor truck with a manufacturer's gross vehicle weight rating of less than 10,101 pounds, an unladen weight of less than 6,001 pounds, and which is equipped with an open box-type bed of less than 9 feet in length.
(Prior Code § 10-3.4100; Ord. CS 447, 1980; Ord. CS 755, 12-8-1997)

17.06.635 Truck, tractor.

A "truck tractor" is a motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load, other than a part of the weight of the vehicle and the load so drawn. As used in this section "load" does not include items carried on the truck tractor in conjunction with the operation of the vehicle if the load carrying space for these items does not exceed 34 square feet. (Prior Code § 10-3.4101; Ord. CS 447, 1980; Ord. CS 755, 12-8-1997)

17.06.640 Use.

The purpose of which land or a building is arranged, designed, or intended, or for which either land or building is or may be occupied or maintained.
(Prior Code § 10-3.4102; Ord. CS 447, 1980; Ord. CS 447, 1980)

17.06.645 Vehicles.

Includes any auto, truck, bus, van, or other similarly described conveyance. (Ord. CS 447, 1980)

Created: 2025-10-01 08:18:34 [EST]
(Supp. No. 11)

17.06.647 Wireless communication.

Wireless communication shall mean any personal wireless services as defined in the Telecommunication Act of 1996, which includes FCC licensed commercial wireless telecommunications service including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that currently exist or that may in the future be developed. (Ord. CS 780, 2-28-2000)

17.06.648 Wireless communication facility (WCF).

A wireless communication facility is any un-staffed facility for the transmission and/or reception of wireless telecommunications services, usually consisting of an antenna array, connection cables, an equipment facility, and a support structure to achieve the necessary elevation. (Ord. CS 780, 2-28-2000)

17.06.650 Yard.

Land unoccupied or unobstructed, except for such encroachments as may be permitted by this ordinance, surrounding a building.
(Prior Code § 10-3.4104; Ord. CS 447, 1980)

17.06.655 Yard, front.

A yard extending across the full width of the lot between the front lot line and the closest portion of the foundation of the main building or enclosed or covered porch or patio attached thereto. A minimum front yard is the minimum permitted depth of yard as measured at right angles to the front property line and extending across the full width of the lot. The closest portion of the foundation of the main building, or enclosed patio attached thereto shall not encroach into the minimum front yard. (Prior Code § 10-3.4105; Ord. CS 387, 1979; Ord. CS 447, 1980)

17.06.660 Yard, rear.

A yard extending across the full width of the lot between the rear lot line and the closest portion of the foundation of the building, or enclosed or covered porch or patio thereto. A minimum rear yard is the minimum permitted depth of yard as measured at right angles to the rear property line and extending across the full width of the lot. The closest portion of the foundation of the main building, or enclosed or covered patio attached thereto, shall not encroach into the minimum rear yard.
(Prior Code § 10-3.4106; Ord. CS 387, 1979; Ord. CS 447, 1980)

17.06.665 Yard, side.

A yard on each side of the main building extending from the front yard to the rear yard, the width of each of such yard being measured between the side line of the lot and the closest portion of the foundation of the main building, or enclosed or covered porch or patio attached thereto. A minimum side yard is the minimum permitted

Created: 2025-10-01 08:18:34 [EST]
(Supp. No. 11)

depth of yard as measured at right angles to the side property line and extending along the sides of the lot from the minimum front yard to the minimum rear yard. The closest portion of the foundation of the main building or enclosed or covered patio attached thereto shall not encroach into the minimum side yard. (Prior Code § 10-3.4107; Ord. CS 387, 1979; Ord. CS 447, 1980)

17.06.670 Zero lot line.

When a building is erected on the lot line, leaving no distance between the lot line and the structure. (Ord. CS 447, 1980)

Exhibit B
Created: 2025-10-01 08:18:35 [EST]
(Supp. No. 11)

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

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

R-E R-1-10 R-1-8 R-1-6 R-1-5
Minimum Lot Area per dwelling unit (sq.
ft.)
16,000 10,000 8,000 6,000 5,000
Minimum Lot Width (feet), Interior Lot 110 100 80 60 50 Minimum Lot Width (feet) Corner Lot 110 100 80 70 60
Minimum Lot Depth 130 100 100 100 100
Minimum Lot Depth Knuckle Lot 120 90 90 90 90
Minimum Lot Depth Cul-de-sac Lot 110 80 80 80 80
Minimum Front yard Setback (exterior) 20 20 20 20 10
Minimum Rear yard Setback 20 20 20 15 5
Minimum Side yard Setback (interior) 10 10 5 5 5
Minimum Side yard Setback Corner Lot
abutting a front yard 20 20 15 15 10
abutting a side yard 10 10 10 10 2
Minimum Landscaped or open
recreational area
30 percent
30 percent
30 percent
30 percent
25 percent
(Ord. CS 529, 1983; Ord. CS 559, 1984; Ord. CS 595, 1985; Ord. CS 1069, § 4 (Exh. A), 11-12-2024; Ord. CS XXX, 11- 10-2025)

Exhibit C
Title 17 - ZONING
CHAPTER 17.06 DEFINITIONS
Atwater, California, Code of Ordinances Created: 2025-10-01 08:18:34 [EST] (Supp. No. 11)

CHAPTER 17.06 DEFINITIONS

17.06.010 Abut.

Two adjoining parcels of property with common property line are herein considered as one parcel abutting the other.
(Prior Code § 10-3.401; Ord. CS 447, 1980)

17.06.015 Accessory building.

A building, part of a building, or structure which is subordinate to, and the use of which is incidental to that of the main building, structure, or use on the same lot. (Prior Code § 10-3.402; Ord. CS 447, 1980)

17.06.016 Accessory buildings, exempt.

An accessory building or structure which contains less than 120 square feet of projected roof area and is less than eight feet in overall height is exempt from the provisions of this chapter; provided that no such structure shall encroach on any front yard or easement and that only one exempt structure is permitted per residential lot. (Ord. CS 484, 1981)

17.06.020 Accessory living quarters or guest house.

Living quarters within an accessory building located on the same premises for use by temporary guests of the occupant of the premises, such quarters having no kitchen facilities, not rented, leased or sold separately from the rental, lease or sale of the main building.
(Prior Code § 10-3.403; Ord. CS 447, 1980)

17.06.025 Accessory use.

A use naturally and normally incidental to, subordinate to and devoted exclusively to the main use of the premises.
(Prior Code § 10-3.404; Ord. CS 447, 1980)

17.06.030 Alcoholic beverages.

To include any beverage containing alcohol, including beer, wine, champagne, hard liquor, etc. (Prior Code § 10-3.405; Ord. CS 447, 1980)

Created: 2025-10-01 08:18:31 [EST]
(Supp. No. 11)

17.06.035 Alley.

Any dedicated way intended for vehicular service to the rear or side of property served by a street. (Prior Code § 10-3.405; Ord. CS 447, 1980)

17.06.040 Amusement arcade.

A commercial establishment or business operated primarily to amuse customers through the use of amusement games or devices operated by or at the request of the customer. Amusement games or devices are mechanical, electrical or electronic games or devices for the purpose of testing the skill or amusement or information to the participant and/or spectators or observers. A device to provide music only is not an amusement game or device.
(Prior Code § 10-3.405A; Ord. CS 346, 1977; Ord. CS 386, 1979; Ord. CS 447, 1980)

17.06.045 Amusement or recreation, commercial places of.

Generally, a common sense analysis of the proposed commercial use determines the applicability of Section

17.45.010 subsection (g), provided that an amusement arcade is specifically a place of amusement or recreation. (Prior Code § 10-3.405B; Ord. CS 346, 1977; Ord. CS 386, 1979; Ord. CS 447, 1980)

17.06.047 Antenna array.

An antenna array is one or more rods, panels, discs, or similar devices used for the transmission or reception of radio frequency signals, which may include omni-directional antenna (rod), directional antenna (panel) and parabolic antenna (disc). The Antenna Array does not include the support structure. (Ord. CS 780, 2-28-2000)

17.06.050 Apartment.

One of three or more dwelling units located on a single lot, each having separate kitchen and toilet facilities.

Also see Dwelling, Multiple family.
(Prior Code § 10-3.406; Ord. CS 447, 1980)

17.06.055 Apartment, efficiency.

An apartment containing no bedroom, in which the living room usually serves as the sleeping facility. (Ord. CS 447, 1980)

17.06.060 Apartment, studio.

Same as "Apartment-Efficiency."
(Ord. CS 447, 1980)

Created: 2025-10-01 08:18:31 [EST]
(Supp. No. 11)

17.06.065 Architectural control.

Approval of the appearance of buildings or structures built or to be built, erected, constructed, altered, or relocated, based on plans and elevations of the proposed buildings or structures, or approval of the appearance of businesses to be conducted primarily out of doors. Architectural control shall also include approval of landscaping, signs and/or other elements of exterior appearance.
(Prior Code § 10-3.409; Ord. CS 447, 1980)

17.06.067 Attached wireless communication facility. (Attached WCF).

An attached wireless communication facility is an antenna array that is attached to an existing building or structure, which structure shall include but not be limited to utility poles, signs, water towers, with any accompanying pole or device which attaches the antenna array to the existing building or structure and associated connection cables, and an equipment facility which may be located either inside or outside the attachment structure.
(Ord. CS 780, 2-28-2000)

17.06.070 Auction.

A public sale at which the merchandise (old or new) goes to the highest bidder. (Ord. CS 447, 1980)

17.06.075 Automobile and trailer sales lot.

An open area used for the display, sales or rentals of new or used automobiles and trailer coaches, but where no repair, repainting or remodeling is done.
(Prior Code § 10-3.410; Ord. CS 447, 1980)

17.06.080 Automobile service station.

Any building, structure, premise or other place used primarily for the retail sale and dispensation of motor fuels, lubricants and motor vehicle accessories, and the rendering of minor services and repairs to such vehicles, but not including painting or body and fender repair and washing where a conveyor, blower, or steam cleaning device is used.
(Prior Code § 10-3.412; Ord. CS 447, 1980)

17.06.085 Automobile wrecking yard.

Any lot, or the use of any portion of a lot for the dismantling or wrecking of automobiles and other motor vehicles, or for their storage, or the keeping for sale of parts and equipment resulting from such dismantling or wrecking.
(Prior Code § 10-3.411; Ord. CS 447, 1980)

Created: 2025-10-01 08:18:31 [EST]
(Supp. No. 11)

17.06.090 Awning.

A roof-like cover of canvas or other materials, extending out from a building, usually above windows or doors. Also "Marquee."
(Ord. CS 447, 1980)

17.06.095 Balcony.

A platform, enclosed by a parapet or a railing, projecting from the wall of a building above ground floor level. (Ord. CS 447, 1980)

17.06.100 Basement.

A space partly or wholly underground, and having more than one half of its height measured from its floor to the ceiling below the average of adjoining grade; if the finished floor level directly above a basement is more than six feet above grade at any point, such basement shall be considered a story. (Prior Code § 10-3.413; Ord. C 447, 1980)

17.06.105 Block.

All property fronting on one side of a street between intercepting streets, or between a street and right-ofway, waterway, and of a cul-de-sac, or City-county boundary. (Prior Code § 10-3.414; Ord. CS 447, 1980)

17.06.110 Boarding or rooming house.

A building with not more than three guest rooms, where, for compensation, meals are provided for at least three but not more than five persons.
(Prior Code § 10-3.415; Ord. CS 447, 1980)

17.06.115 Boat Trailer.

A trailer designed or used to transport a boat.
(Prior Code § 10-3.416; Ord. CS 447, 1980)

17.06.120 Building.

Any structure built and maintained for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind, but shall not include temporary buildings as defined in "Structure—Temporary." Trailers, with or without wheels, shall not be considered as buildings. (Prior Code § 10-3.417; Ord. CS 447, 1980)

Created: 2025-10-01 08:18:31 [EST]
(Supp. No. 11)

17.06.125 Building, area of.

The sum in square feet of the gross area covered by all buildings and structures on a lot. (Prior Code § 10-3.418; Ord. CS 447, 1980)

17.06.130 Building, height of.

The vertical distance from the average ground level to the highest point of the structure exclusive of chimneys and ventilators.
(Prior Code § 10-3.420; Ord. CS 447, 1980)

17.06.135 Building, main.

A building within which is conducted the principle use permitted on the lot. (Prior Code § 10-3.420; Ord. CS 447, 1980)

17.06.140 Building setback line.

The minimum distance between any property line and the closest portion of the foundation of the main building, or enclosed or covered porch attached thereto. (Prior Code § 10-3.421; Ord. CS 447, 1980)

17.06.145 Building site.

The ground area of a building together with all the open space required by this ordinance. (Prior Code § 10-3.422; Ord. CS 447, 1980)

17.06.150 Temporary.

See "Structure-Temporary."
(Prior Code § 10-3.423; Ord. CS 447, 1980)

17.06.155 Bus.

A "bus" is any vehicle, including a trailer bus, designed, used, or maintained for carrying more than 15 persons including the driver or a vehicle designed, used, or maintained for carrying more than ten persons, including the driver, which is used to transport persons for compensation or profit, or is used by any nonprofit organization or group, is also a bus. A van pool vehicle is not a bus. (Prior Code § 10-3.424; Ord. CS 447, 1980; Ord. CS 755, 12-8-1997)

Created: 2025-10-01 08:18:31 [EST]
(Supp. No. 11)

17.06.160 Business or commerce.

The purchase, sale or other transaction involving the handling, or disposition of any article, substance or commodity for profit or livelihood; recreational or amusement enterprises and trades rendering personal services. (Prior Code § 10-3.425; Ord. CS 447, 1980)

17.06.165 Camper.

A truck with a body attachment, the attachment designed to be used for human habitation. (Prior Code § 10-3.426; Ord. CS 447, 1980)

17.06.170 Church.

A permanently located building commonly used for religious worship fully enclosed with walls (including windows and doors) and having a roof (canvas or fabric excluded) and conforming to applicable legal requirements affecting design and construction.
(Prior Code § 10-3.427; Ord. CS 447, 1980)

17.06.172 Collocation/site sharing.

Collocation/site sharing shall mean use of a common wireless communication facility or common site by two or more wireless license holders or by one wireless license holder for more than one type of communications technology and/or placement of a wireless communication facility on a structure owned or operated by a utility or other entity.
(Ord. CS 780, 2-28-2000)

17.06.174 Community care facility.

Any facility, place or building which is maintained and operated to provide non-medical residential care or day care services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired or incompetent persons. A Community Care Facility which services six or fewer persons shall be considered a residential use of property for the purposes of this chapter. (Ord. CS 484, 1981)

17.06.175 Condominium.

Means the same as defined by Section 16.53.020 (d) of the Atwater Municipal Code as referenced to Section 783 of the California Civil Code.
(Ord. CS 447, 1980)

17.06.180 Condominium conversions.

The conversion of existing dwelling units into condominiums.

Created: 2025-10-01 08:18:32 [EST]
(Supp. No. 11)

(Ord. CS 447, 1980)

17.06.185 Court.

An open, unoccupied area, other than a yard, on the same lot with a building or buildings, bounded on two or more sides by such building or buildings.
(Prior Code § 10-3.428; Ord. CS 447, 1980)

17.06.187 Crop cultivation.

The cultivation of tree, vine, field, forage, and other plant crops intended to provide food or fibers. The classification excludes wholesale or retail nurseries, vineyards and ancillary wineries and distilleries. This classification includes the indoor cultivation of cannabis, marijuana, and cannabis, marijuana nurseries. (Ord. CS 982, § 3, 10-23-2017)

17.06.188 Cul-de-sac
A street that is closed at one end.
(Ord. CS XXX, 11-10-2025)

17.06.190 District.

A portion of the territory of the City with which certain regulations and requirements or various combinations thereof apply under the provisions of this Code. (Prior Code § 10-3.429; Ord. CS 447, 1980)

17.06.195 Dump.

A place used for the disposal, abandonment, or discarding by burial, incineration, or by any other means of any garbage, sewage, trash, refuse, rubble, waste materials, offal or dead animals. (Prior Code § 10-3.430; Ord. CS 447, 1980)

17.06.200 Duplex.

See "Dwelling-Two-Family."
(Ord. CS 447, 1980)

17.06.205 Dwelling.

A building or portion thereof designed and used exclusively for residential occupancy and permitted home occupations, including single-family, two-family and multiple-family dwellings, trailers in a trailer park area, but not including hotels, motels, boarding or rooming houses.
(Prior Code § 10-3.431; Ord. CS 447, 1980)

Created: 2025-10-01 08:18:32 [EST]
(Supp. No. 11)

17.06.210 Dwelling, group.

Two or more dwellings located on a single lot and each having separate kitchen and toilet facilities. (Prior Code § 10-3.435; Ord. CS 447, 1980)

17.06.215 Dwelling, multiple family.

A building or buildings designed and used for occupancy by three or more families, all living independently of each other and having separate kitchen and toilet facilities for each family or building on the same parcel of real property.
(Prior Code § 10-3.432; Ord. CS 447, 1980)

17.06.220 Dwelling, one-family.

A detached building designed or used exclusively for the occupancy of one family, and having kitchen and toilet facilities for only one family.
(Prior Code § 10-3.433; Ord. CS 447, 1980)

17.06.225 Dwelling, two-family.

A building designed or used exclusively for the occupancy of two families living independently of each other and having separate kitchen and toilet facilities for each family. (Prior Code § 10-3.434; Ord. CS 447, 1980)

17.06.230 Dwelling unit.

Two or more connected rooms in a dwelling designed or used exclusively for the occupancy by one family for living or sleeping purposes and having only one kitchen and separate toilet facilities. (Prior Code § 10-3.436; Ord. CS 447, 1980)

17.06.235 Employee.

Employee shall mean any person employed or anticipated to be employed on the premises. (Ord. CS 447, 1980)

17.06.237 Equipment facility.

An equipment facility is any structure used to contain ancillary equipment for a Wireless communication facility which includes cabinets, shelters, a build-out of an existing structure, pedestals, and other similar structures.
(Ord. CS 780, 2-28-2000)

Created: 2025-10-01 08:18:32 [EST]
(Supp. No. 11)

17.06.240 Family.

An individual or two or more persons related by blood, marriage, or adoption, or a group of not more than five persons (excluding domestic employees) who need not be related by blood, marriage, or adoption, living together in a single-family dwelling unit.
(Prior Code § 10-3.437; Ord. CS 447, 1980)

17.06.245 Fence.

An enclosing or dividing framework for land, yards or gardens that permits fifty percent of light, air and vision through the surface in a horizontal plane.
(Prior Code § 10-3.438; Ord. CS 447, 1980)

17.06.250 Fence, wall.

A masonry structure or device forming a physical barrier, which is so constructed that the vertical surface is closed and prevents the passage of light and vision through said surface in a horizontal plane. (Ord. CS 447, 1980)

17.06.255 Fence, solid.

Any structure or device forming a physical barrier, which is so constructed that the vertical surface is closed and prevents the passage of light and vision through said surface in a horizontal plane. (Ord. CS 447, 1980)

17.06.258 Fifth-wheel travel trailer.

A "fifth-wheel travel trailer" is a vehicle designed for recreational purposes to carry persons or property on its own structure and so constructed as to be drawn by a motor vehicle by means of a kingpin connecting device. (Ord. CS 755, 12-8-1997)

17.06.260 Floor area.

For the purpose of establishing parking requirements, floor area shall mean the net floor area. In the case of office, merchandising or service types of uses it shall not include areas principally for non-public purposes such as incidental repair, processing or packaging of merchandise, for show windows, for toilets or restrooms, for utilities, or for dressing rooms, fitting rooms or alteration rooms. (Prior Code § 10-3.439; Ord. CS 447, 1980)

17.06.265 Frontage.

That portion of a parcel of property which abuts a dedicated public street or highway. (Prior Code § 10-3.440; Ord. CS 447, 1980)

Created: 2025-10-01 08:18:32 [EST]
(Supp. No. 11)

17.06.270 Garage, public.

Any building other than a private garage used for the care, repair or equipment of automobiles, or where such vehicles are parked or stored for remuneration, hire or sale. (Prior Code § 10-3.442; Ord. CS 447, 1980)

17.06.275 Garage sale.

For the purpose of this chapter, a "garage sale" is a sale conducted by an individual home owner or occupant of a home, or apartment owner, or an occupant of an apartment unit, or owner or occupant of any other residential or dwelling unit, for the purpose of selling, trading, bargaining, exchanging or otherwise disposing of unwanted or surplus household furnishings, or goods, or other tangible personality, usually conducted in a garage, on a patio, upon a driveway, or on or in any portion of premises in a residential zone, and for which no inventory or permanent or detailed records are kept on the transactions thus carried out. It may, at times, be conducted by a combination of residential dwellers at a single location. All sales designated "lawn sale," "attic sale," "moving sale," "flea market sale," or other terms of similar or like intent and having the foregoing characteristics and purposes are garage sales, excluding those sales held by charitable institutions on property owned and maintained by said organizations, and, excluding those areas sponsored by bona fide service clubs. (Ord. CS 447, 1980; Ord. CS 776, 9-27-1999)

17.06.280 Grade.

The mean elevation of the finished surface of the ground adjacent to the exterior walls of the building; except that where the exterior walls are within five feet of a street line, the elevations of the sidewalk at the center of such exterior wall or walls shall be taken as the grade. (Prior Code § 10-3.443; Ord. CS 447, 1980)

17.06.285 Guest.

Any transient who occupies a room for sleeping purposes. (Prior Code § 10-3.444; Ord. CS 447, 1980)

17.06.290 Guest room.

A room which is designed and/or used by one or more guests for sleeping purposes, but, in which no provision is made for cooking.
(Prior Code § 10-3.445; Ord. CS 447, 1980)

17.06.295 Hedge.

A plant or series of plants, shrubs, or other landscape materials, so arranged as to form a physical barrier by enclosure.
(Prior Code § 10-3.446; Ord. CS 447, 1980)

Created: 2025-10-01 08:18:32 [EST]
(Supp. No. 11)

17.06.297 Height. Wireless communication facility (WCF).

When referring to a wireless communication facility, height shall mean the distance measured from grade to the highest point on the wireless communication facility, including the antenna array. (Ord. CS 780, 2-28-2000)

17.06.300 Home occupations.

A business conducted entirely within or from a dwelling unit and carried on by persons residing within the dwelling unit, which use is clearly incidental and secondary to the use of the dwelling and does not change the residential character of the dwelling or adjacent dwellings and in connection with that there is no display or commodities sold at the dwelling and no use of any accessory buildings or yard space or activity outside the dwelling.
(Prior Code § 10-3.447; Ord. CS 447, 1980; Ord. CS 631, 1987)

17.06.305 Industry, industrial operation.

The manufacture, fabrication, processing, reduction or destruction of any article, substance or commodity, or any other treatment thereof in such a manner as to change the form, character or appearance thereof and including storage elevators, storage yards, warehouses, wholesale storage and other similar types of enterprises.

This classification includes the cultivation, nurseries, processing, extraction, manufacturing, testing, distribution, and transportation of cannabis and cannabis products.
(Prior Code § 10-3.449; Ord. CS 447, 1980; Ord. CS 982, § 4, 10-23-2017)

17.06.310 Junk.

Any worn out, cast off, or discarded article or material which is ready for destruction or has been collected or stored for salvage or conversion to some use. Any article or material which, unaltered or unchanged and without further reconditioning, can be used for its original purpose as readily as when new, shall not be considered junk. (Prior Code § 10-3.450; Ord. CS 447, 1980)

17.06.315 Junk yard.

Any lot, or the use of any portion of a lot, for the dismantling of machinery (not including motor vehicles) or for the storage or keeping for sale of parts and equipment resulting from dismantling or wrecking, or for the storage or keeping of junk, including scrap metals or other scrap materials, pipes, plumbing, etc. (Prior Code § 10-3.451; Ord. CS 447, 1980)

17.06.320 Kennel.

Any lot or premises on which four or more dogs and/or cats over four months old are kept, maintained, boarded or offered for sale.
(Prior Code § 10-3.452; Ord. CS 447, 1980)

Created: 2025-10-01 08:18:32 [EST]
(Supp. No. 11)

17.06.325 Kitchen.

Any room or area intended or designed to be used or maintained for the cooking, storing and preparation of food.
(Prior Code § 10-3.453; Ord. CS 447, 1980)

17.06.327 Knuckle Lot
A lot located at the curved turning point or bend of a roadway, typically within a cul-de-sac or curved street alignment, resulting in an irregular lot shape.
(Ord. CS XXX, 11-10-2025)

17.06.330 Landscaping.

Shall mean planting, including trees, shrubs, lawn areas, ground covers, suitably designed, selected, installed and maintained so as to be permanently attractive. Decorative screens, fences, ornamental post lamps and decorative rock are considered as elements of landscape development. (Ord. CS 447, 1980)

17.06.335 Landscape plan.

A plan showing the size, location, number and variety of major plant materials to be used, including the botanical or common plant names and the location, type and design of all irrigation facilities. (Ord. CS 447, 1980)

17.06.340 Loading.

The removal or replacement of any commodity, in, on, or from a vehicle of any type. (Prior Code § 10-3.454; Ord. CS 447, 1980)

17.06.345 Loading space.

An off-street space or berth on the same lot with a building or contiguous to a group of buildings, for the temporary parking of commercial vehicles while loading or unloading and which abuts a street, alley, or other appropriate means of access.
(Prior Code § 10-3.455; Ord. CS 447, 1980)

17.06.350 Lot.

A parcel of land occupied or to be occupied by a use, building, or unit group of buildings and accessory buildings, together with such yards, open space, lot width and lot area as are required by this chapter, and having

Created: 2025-10-01 08:18:32 [EST]
(Supp. No. 11)

frontage upon a street (other than an alley), or a private easement determined by the Commission to be adequate for purposes of access.
(Prior Code § 10-3.456; Ord. CS 447, 1980)

17.06.355 Lot area.

The total of the area, measured in a horizontal plane, within the lot lines of a lot. (Prior Code § 10-3.457; Ord. CS 447, 1980)

17.06.360 Lot corner.

A lot situated at the junction of two or more streets having an angle of intersection of not more than 135 degrees, with a boundary line thereof bordering on each of the streets. The point of intersection of the street right-of-way lines or the extension of such lines to a point is the "corner." (Prior Code § 10-3.458; Ord. CS 447, 1980)

17.06.365 Lot coverage.

The area of a lot occupied by buildings, structures, and covered parking areas, not including fences, hedges, swimming pools, and uncovered patios.
(Prior Code § 10-3.459; Ord. CS 378, 1979; Ord. CS 447, 1980)

17.06.370 Lot depth.

The average horizontal distance between the front and rear lot lines, measured in the mean direction of the side lot lines.
(Prior Code § 10-3.460; Ord. CS 447, 1980)

17.06.375 Lot, key.

The first lot to the rear of a reversed corner lot and not separated by an alley. (Prior Code § 10-3.461; Ord. CS 447, 1980)

17.06.380 Lot line.

Any line bounding a lot as herein defined.
(Prior Code § 10-3.465; Ord. CS 447, 1980)

17.06.385 Lot line, front.

The property line dividing a lot from a street. On a corner lot only one street line shall be considered the front line and the shorter street frontage shall be considered the front line, except in those cases where the latest deed restrictions specify another line as the front lot line.

Created: 2025-10-01 08:18:33 [EST]
(Supp. No. 11)

(Prior Code § 10-3.466; Ord. CS 447, 1980)

17.06.390 Lot line, rear.

A line which is opposite and most distant from the front lot line, and, in the case of an irregular, triangular or gore shaped lot, a line within a lot at least ten feet in length, parallel to and/or at the maximum distance from the front lot line.
(Prior Code § 10-3.467; Ord. CS 447, 1980)

17.06.395 Lot line, side.

Any lot lines other than the front or rear lot lines.
(Prior Code § 10-3.468; Ord. CS 447, 1980)

17.06.400 Lot, non-conforming.

A lot having less area or dimension than required in the district in which it is located and which was lawfully created prior to the zoning ordinance of October 8, 1956, or before it was annexed to the City. (Prior Code § 10-3.462; Ord. CS 447, 1980)

17.06.405 Lot, reversed corner.

A corner lot, the sideline of which is substantially a continuation of the front lot lines of the lots to its rear, whether across an alley or not.
(Prior Code § 10-3.464; Ord. CS 447, 1980)

17.06.410 Lot, through.

A lot having frontage on two public streets, not including a corner or reversed corner lot. (Prior Code § 10-3.463; Ord. CS 447, 1980)

17.06.415 Lot width.

The average horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.
(Prior Code § 10-3.469; Ord. CS 447, 1980)

17.06.417 Massage Therapy.

Means any method of pressure on or pressure against, or stroking kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external parts of another human body with the use of the hands, arms or other portion of the body, or with the aid of any mechanical or electrical apparatus or appliances with or without such

Created: 2025-10-01 08:18:33 [EST]
(Supp. No. 11)

supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments or other similar preparations commonly used in this practice.
(Ord. CS 768, 3-8-1999)

17.06.420 Medical office.

Any building or portion of a building used or intended to be used as an office for the practice of any type of medicine, including chiropractics, dentistry, or optometry. It may also include clinics of a medical or dental nature. (Prior Code § 10-3.470; Ord. CS 447, 1980)

17.06.425 Mobile living unit.

A camp trailer, camper, house car, mobile home, recreational vehicle, or trailer coach as each of these terms is defined in the Health and Safety Code of the State of California, and the Vehicle Code of the State of California, or any other vehicle or structure originally designed or permanently altered in such a manner to permit occupancy or use thereof for living and sleeping purposes, and so designed or equipped with wheels, or capable of being mounted on wheels and used as a conveyance on public streets or highways. (Prior Code § 10-3.498; Ord. CS 364, 1978; Ord. CS 447, 1980)

17.06.430 Motel.

A building or group of buildings used for transient residential purposes containing guest rooms or dwelling units with automobile storage space provided in connection therewith, which building or group is designed, intended, or used primarily for the accommodation of transient automobile travelers; including groups designated as auto cabins, motor courts, motor hotels, and similar designations. (Prior Code § 10-3.472; Ord. CS 447, 1980)

17.06.433 Motor truck.

A "motor truck" or "motor truck" is a motor vehicle designed, used, or maintained primarily for the transportation of property.
(Ord. CS 755, 12-8-1997)

17.06.435 Non-conforming building.

A building or portion thereof which was lawful when established but which does not conform to subsequently established zoning or zoning regulations.
(Prior Code § 10-3.473; Ord. CS 447, 1980)

17.06.440 Non-conforming use.

A use lawful when established but which does not conform to subsequently established zoning or zoning regulations.
(Prior Code § 10-3.474; Ord. CS 447, 1980)

Created: 2025-10-01 08:18:33 [EST]
(Supp. No. 11)

17.06.445 Nuisance.

Something which, by its use or existence, works annoyance, harm or damage to another. (Ord. CS 447, 1980)

17.06.450 Nursery school.

A public, private, or other profit or nonprofit institution or organization conducting regularly scheduled care or supervision of preschool or school-age children.
(Prior Code § 10-3.475; Ord. CS 447, 1980)

17.06.455 Parapet.

A low guarding wall at any point of sudden drop, as at the edge of a terrace, roof, balcony, etc. In an exterior wall, fire wall, or party wall, the part entirely above the roof. (Ord. CS 447, 1980)

17.06.460 Parking area, private.

An area, other than a street, used for the parking of automotive vehicles and restricted from general public use.
(Prior Code § 10-3.476; Ord. CS 447, 1980)

17.06.475 Patio.

An outdoor area adjoining walls of a building, paved, intended for outdoor living use. Sometimes covered by a roof. Completely open on at least 25 percent of the total amount of wall surface. (Ord. CS 447, 1980)

17.06.476 Patio cover.

A roof structure attached to the main building that provides full or partial protection from the sun or rain and is open on all sides within the required rear yard setback. This may include such structures as arbors, awnings, pergolas or extended roof overhangs.
(Ord. CS 484, 1981)

17.06.480 Patio house.

A form of low-cost housing, is a single story dwelling unit on a small lot. Front, side and rear yards are consolidated into one garden area, either partially or completely bordered by rooms. The garden court is enclosed by walls. The exterior walls are erected on the lot lines. (Ord. CS 447, 1980)

Created: 2025-10-01 08:18:33 [EST]
(Supp. No. 11)

17.06.485 Person.

An individual, business, company, corporation—both public and private, association, political or governmental subdivision or unit, or other group acting as a unit entity. (Prior Code § 10-3.478a; Ord. CS 447, 1980)

17.06.490 Porch.

A structure attached to a building to shelter an entrance or to serve as a semi-enclosed space, usually roofed and generally open sided. It may be screened or glass-enclosed. (Ord. CS 447, 1980)

17.06.495 Professional office.

Any building or portion of a building used or intended to be used as an office for a lawyer, architect, engineer, land surveyor, optometrist, accountant, and any other similar profession, and shall include the practice of any type of medicine, dentistry, or chiropractory.
(Prior Code § 10-3.479; Ord. CS 447, 1980)

17.06.500 Rentable floor area.

The floor area in a building, exclusive of corridor, stairs, elevator shafts, lavatories, flues, and janitor storage closet.
(Prior Code § 10-3.480; Ord. CS 447, 1980)

17.06.505 Residence.

A building used, designed, or intended to be used as a home or dwelling place, for one or more families. (Prior Code § 10-3.481; Ord. CS 447, 1980)

17.06.510 Restaurant.

Any building or structure in which food and drinks are prepared for service to customers within such structure.
(Prior Code § 10-3.482; Ord. CS 447, 1980)

17.06.515 Restaurant, fast food.

A building or portion thereof where food is prepared which may be taken out or consumed at the premises.

Usually described as providing no table service, with a fast turn-over of customers and causing high traffic generation.
(Ord. CS 447, 1980)

Created: 2025-10-01 08:18:33 [EST]
(Supp. No. 11)

17.06.520 Rest home or convalescent home.

A building and premise in and on which two or more sick, injured or infirm ambulatory persons are housed or intended to be housed for compensation and which is not equipped or intended to be used as a hospital. (Prior Code § 10-3.483; Ord. CS 447, 1980)

17.06.525 Room.

An unsubdivided portion of the interior of a dwelling unit, excluding bathroom, kitchen, closets, hallways, and service porches.
(Prior Code § 10-3.484; Ord. CS 447, 1980)

17.06.530 School, elementary, junior high, and high.

Public and other profit or nonprofit institutions conducting regular academic instruction at kindergarten, elementary and secondary levels. Such institutions shall offer general academic instruction equivalent to the standards as prescribed by the Education Code of the State of California. (Prior Code § 10-3.485; Ord. CS 447, 1980)

17.06.535 Seating facilities.

In places of public assembly in which spectators or patrons occupy benches, pews, or other similar seating facilities, each 24 inches of such seating facilities shall be counted as one seat for the purpose of determining offstreet parking facilities. (Ord. CS 447, 1980)

17.06.536 Mobile food vendor.

Mobile food vendor (food trucks/motorized carts) shall mean any vehicle, motorized cart, or trailer that is designed to be mobile and not permanently attached to the ground from which food is peddled or sold for sale. (Ord. CS 1026, § I, 1-13-2020)

17.06.538 Semi trailer.

A "semi trailer" is a vehicle designed for carrying persons or property, used in conjunction with a motor vehicle, and so constructed that some part of its weight and that of its load rests upon, or is carried by, another vehicle.
(Ord. CS 755, 12-8-1997)

17.06.540 Senior citizen housing.

Usually government subsidized housing, with special construction features built in for the elderly. Sometimes a nurse's or doctor's office on the premises. Tenants must meet certain qualifications.

Created: 2025-10-01 08:18:33 [EST]
(Supp. No. 11)

(Ord. CS 447, 1980)

17.06.545 Setback.

The distance between any property line and the closest portion of the foundation of a building, or enclosed or covered porch or patio attached thereto.
(Prior Code § 10-3.486; Ord. CS 447, 1980)

17.06.547 Setback—Wireless communication facility (WCF).

Setback shall mean the required distance from the property line of the parcel on which the wireless communication facility is located to the support structure. (Ord. CS 780, 2-28-2000)

17.06.550 Sign.

Any words, letters, figures, numerals, designs, or other marks shown on any card, cloth, paper, metal, painted glass, wood, plaster, stone or device of any kind or character by which anything is made known and used to attract attention for advertising purposes. This definition shall not include official notices issued by a court or public body or officer or directional warnings or information sign or structure required by or authorized by law or by federal, state, county, or City authority.
(Prior Code § 10-3.488; Ord. CS 447, 1980)

17.06.555 Site plan control.

Approval of the location of structures and parking areas built or to be built, erected, or constructed, based on plans to be submitted by the applicant.
(Prior Code § 10-3.487; Ord. CS 447, 1980)

17.06.560 Spot zoning.

An amendment which reclassifies a small piece of land in a manner inconsistent with existing zoning patterns.
(Ord. CS 447, 1980)

17.06.565 Story.

That portion of a building included between surface of any floor and the surface of any floor next above it, or if there is no floor above it, then the space between such floor and ceiling next above it. (Prior Code § 10-3.489; Ord. CS 447, 1980)

Created: 2025-10-01 08:18:33 [EST]
(Supp. No. 11)

17.06.570 Street.

A public thoroughfare or right-of-way dedicated as such or condemned for use as such, other than an alley, which affords principle means of access to abutting property. (Prior Code § 10-3.490; Ord. CS 447, 1980)

17.06.575 Street, centerline.

The center line of a street right-of-way as established by official surveys. (Prior Code § 10-3.493; Ord. CS 447, 1980)

17.06.580 Street, collector.

Streets connecting residential neighborhoods with major streets, collecting the traffic from minor streets along the most direct and convenient route to the major street system. (Ord. CS 447, 1980)

17.06.585 Street, major.

The primary function of a major street is to carry a large capacity of traffic at high speed from one part of the City to another.
(Prior Code § 10-3.492; Ord. CS 447, 1980)

17.06.595 Strip commercial.

A narrow strip of individual commercial businesses along one or both sides of a major roadway. (Ord. CS 447, 1980)

17.06.600 Structural alteration.

Any change in the supporting members of a structure such as the bearing walls or partitions, columns, beams, or girders.
(Prior Code § 10-3.494; Ord. CS 447, 1980)

17.06.605 Structure.

Anything constructed or erected, the use of which required location on or under the ground or attached to something having a permanent location on the ground, except awnings, benches, statuary, fish ponds, pavement, tents, vehicles, trailers, or fences or walls used as fences less than six feet in height, or any similar object. (Prior Code § 10-3.495; Ord. CS 447, 1980)

Created: 2025-10-01 08:18:33 [EST]
(Supp. No. 11)

17.06.610 Structure, temporary.

A structure which is readily movable and used or intended to be used for a specific number of days which shall be established by the Planning Commission.
(Prior Code § 10-3.496; Ord. CS 447, 1980)

17.06.612 Support structure.

A support structure is a structure designed and constructed specifically to support an antenna array, and may include a monopole, self-supporting tower, guy-wire support tower and similar structures. Any device which is used to attach an Attached Wireless communication facility to an existing building or structure shall be excluded from this definition of regulations as applicable to support structures. (Ord. CS 780, 2-28-2000)

17.06.613 Supportive housing.
"Supportive housing" means housing with no limit on length of stay, that is occupied by the target population and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Supportive housing units are residential uses allowed in any zone allowing residential uses, subject only to those requirements and restrictions that apply to other residential uses of the same type in the same zone. "Target population" means persons, including persons with disabilities, and families who are "homeless," as that term is defined by Section 11302 of Title 42 of the United States Code, or who are "homeless youths," that term is defined by paragraph (2) of subdivision (e) of Section 11139.3 of the Government Code. (Ord. CS 1014, § 2, 9-23-2019)

17.06.615 Trailer.

A "Trailer" is a vehicle designed for carrying persons or property on its own structure and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon any other vehicle. This does not include a travel trailer as described in Section 17.06.625 nor does it include a fifth-wheel travel trailer as defined in Section

17.06.258.
(Prior Code § 10-3.497.1; Ord. CS 447, 1980; Ord. CS 755, 12-8-1997)

17.06.620 Trailer park, mobile home park or trailer court.

A space, area, or building designed, equipped, or maintained for the harboring, parking, or storing of two or more trailers, coaches, or house cars which haul such trailers, coaches or house cars being used as living or sleeping quarters for humans.
(Prior Code § 10-3.499; Ord. CS 447, 1980)

Created: 2025-10-01 08:18:33 [EST]
(Supp. No. 11)

17.06.625 Trailer, travel.

A vehicle without motive power, designed and constructed to travel on the public thoroughfares in accordance with the provisions of the State Vehicle Code and to be used for human habitation or for carrying property, without provisions for sewage disposal.
(Prior Code § 10-3.497; Ord. CS 447, 1980)

17.06.627 Transitional housing.
"Transitional housing" means rental housing operated under program requirements that call for termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months from the beginning of assistance but no longer than one year in duration. Transitional housing units are residential uses allowed in any zone allowing residential uses, subject only to those requirements and restrictions that apply to other residential uses of the same type in the same zone.
(Ord. CS 1014, § 2, 9-23-2019)

17.06.630 Truck, pickup.

A "pickup truck" is a motor truck with a manufacturer's gross vehicle weight rating of less than 10,101 pounds, an unladen weight of less than 6,001 pounds, and which is equipped with an open box-type bed of less than 9 feet in length.
(Prior Code § 10-3.4100; Ord. CS 447, 1980; Ord. CS 755, 12-8-1997)

17.06.635 Truck, tractor.

A "truck tractor" is a motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load, other than a part of the weight of the vehicle and the load so drawn. As used in this section "load" does not include items carried on the truck tractor in conjunction with the operation of the vehicle if the load carrying space for these items does not exceed 34 square feet. (Prior Code § 10-3.4101; Ord. CS 447, 1980; Ord. CS 755, 12-8-1997)

17.06.640 Use.

The purpose of which land or a building is arranged, designed, or intended, or for which either land or building is or may be occupied or maintained.
(Prior Code § 10-3.4102; Ord. CS 447, 1980; Ord. CS 447, 1980)

17.06.645 Vehicles.

Includes any auto, truck, bus, van, or other similarly described conveyance. (Ord. CS 447, 1980)

Created: 2025-10-01 08:18:34 [EST]
(Supp. No. 11)

17.06.647 Wireless communication.

Wireless communication shall mean any personal wireless services as defined in the Telecommunication Act of 1996, which includes FCC licensed commercial wireless telecommunications service including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that currently exist or that may in the future be developed. (Ord. CS 780, 2-28-2000)

17.06.648 Wireless communication facility (WCF).

A wireless communication facility is any un-staffed facility for the transmission and/or reception of wireless telecommunications services, usually consisting of an antenna array, connection cables, an equipment facility, and a support structure to achieve the necessary elevation. (Ord. CS 780, 2-28-2000)

17.06.650 Yard.

Land unoccupied or unobstructed, except for such encroachments as may be permitted by this ordinance, surrounding a building.
(Prior Code § 10-3.4104; Ord. CS 447, 1980)

17.06.655 Yard, front.

A yard extending across the full width of the lot between the front lot line and the closest portion of the foundation of the main building or enclosed or covered porch or patio attached thereto. A minimum front yard is the minimum permitted depth of yard as measured at right angles to the front property line and extending across the full width of the lot. The closest portion of the foundation of the main building, or enclosed patio attached thereto shall not encroach into the minimum front yard. (Prior Code § 10-3.4105; Ord. CS 387, 1979; Ord. CS 447, 1980)

17.06.660 Yard, rear.

A yard extending across the full width of the lot between the rear lot line and the closest portion of the foundation of the building, or enclosed or covered porch or patio thereto. A minimum rear yard is the minimum permitted depth of yard as measured at right angles to the rear property line and extending across the full width of the lot. The closest portion of the foundation of the main building, or enclosed or covered patio attached thereto, shall not encroach into the minimum rear yard.
(Prior Code § 10-3.4106; Ord. CS 387, 1979; Ord. CS 447, 1980)

17.06.665 Yard, side.

A yard on each side of the main building extending from the front yard to the rear yard, the width of each of such yard being measured between the side line of the lot and the closest portion of the foundation of the main building, or enclosed or covered porch or patio attached thereto. A minimum side yard is the minimum permitted

Created: 2025-10-01 08:18:34 [EST]
(Supp. No. 11)

depth of yard as measured at right angles to the side property line and extending along the sides of the lot from the minimum front yard to the minimum rear yard. The closest portion of the foundation of the main building or enclosed or covered patio attached thereto shall not encroach into the minimum side yard. (Prior Code § 10-3.4107; Ord. CS 387, 1979; Ord. CS 447, 1980)

17.06.670 Zero lot line.

When a building is erected on the lot line, leaving no distance between the lot line and the structure. (Ord. CS 447, 1980)

Exhibit D
Created: 2025-10-01 08:18:35 [EST]
(Supp. No. 11)

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

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

R-E R-1-10 R-1-8 R-1-6 R-1-5
Minimum Lot Area per dwelling unit (sq.
ft.)
16,000 10,000 8,000 6,000 5,000
Minimum Lot Width (feet), Interior Lot 110 100 80 60 50 Minimum Lot Width (feet) Corner Lot 110 100 80 70 60
Minimum Lot Depth 130 100 100 100 100
Minimum Lot Depth Knuckle Lot 120 90 90 90 90
Minimum Lot Depth Cul-de-sac Lot 110 80 80 80 80
Minimum Front yard Setback (exterior) 20 20 20 20 10
Minimum Rear yard Setback 20 20 20 15 5
Minimum Side yard Setback (interior) 10 10 5 5 5
Minimum Side yard Setback Corner Lot
abutting a front yard 20 20 15 15 10
abutting a side yard 10 10 10 10 2
Minimum Landscaped or open
recreational area
30 percent
30 percent
30 percent
30 percent
25 percent
(Ord. CS 529, 1983; Ord. CS 559, 1984; Ord. CS 595, 1985; Ord. CS 1069, § 4 (Exh. A), 11-12-2024; Ord. CS XXX, 10- 15-2025)

Exhibit E
Title 17 - ZONING
CHAPTER 17.06 DEFINITIONS
Atwater, California, Code of Ordinances Created: 2025-10-01 08:18:34 [EST] (Supp. No. 11)

CHAPTER 17.06 DEFINITIONS

17.06.010 Abut.

Two adjoining parcels of property with common property line are herein considered as one parcel abutting the other.
(Prior Code § 10-3.401; Ord. CS 447, 1980)

17.06.015 Accessory building.

A building, part of a building, or structure which is subordinate to, and the use of which is incidental to that of the main building, structure, or use on the same lot. (Prior Code § 10-3.402; Ord. CS 447, 1980)

17.06.016 Accessory buildings, exempt.

An accessory building or structure which contains less than 120 square feet of projected roof area and is less than eight feet in overall height is exempt from the provisions of this chapter; provided that no such structure shall encroach on any front yard or easement and that only one exempt structure is permitted per residential lot. (Ord. CS 484, 1981)

17.06.020 Accessory living quarters or guest house.

Living quarters within an accessory building located on the same premises for use by temporary guests of the occupant of the premises, such quarters having no kitchen facilities, not rented, leased or sold separately from the rental, lease or sale of the main building.
(Prior Code § 10-3.403; Ord. CS 447, 1980)

17.06.025 Accessory use.

A use naturally and normally incidental to, subordinate to and devoted exclusively to the main use of the premises.
(Prior Code § 10-3.404; Ord. CS 447, 1980)

17.06.030 Alcoholic beverages.

To include any beverage containing alcohol, including beer, wine, champagne, hard liquor, etc. (Prior Code § 10-3.405; Ord. CS 447, 1980)

Created: 2025-10-01 08:18:31 [EST]
(Supp. No. 11)

17.06.035 Alley.

Any dedicated way intended for vehicular service to the rear or side of property served by a street. (Prior Code § 10-3.405; Ord. CS 447, 1980)

17.06.040 Amusement arcade.

A commercial establishment or business operated primarily to amuse customers through the use of amusement games or devices operated by or at the request of the customer. Amusement games or devices are mechanical, electrical or electronic games or devices for the purpose of testing the skill or amusement or information to the participant and/or spectators or observers. A device to provide music only is not an amusement game or device.
(Prior Code § 10-3.405A; Ord. CS 346, 1977; Ord. CS 386, 1979; Ord. CS 447, 1980)

17.06.045 Amusement or recreation, commercial places of.

Generally, a common sense analysis of the proposed commercial use determines the applicability of Section

17.45.010 subsection (g), provided that an amusement arcade is specifically a place of amusement or recreation. (Prior Code § 10-3.405B; Ord. CS 346, 1977; Ord. CS 386, 1979; Ord. CS 447, 1980)

17.06.047 Antenna array.

An antenna array is one or more rods, panels, discs, or similar devices used for the transmission or reception of radio frequency signals, which may include omni-directional antenna (rod), directional antenna (panel) and parabolic antenna (disc). The Antenna Array does not include the support structure. (Ord. CS 780, 2-28-2000)

17.06.050 Apartment.

One of three or more dwelling units located on a single lot, each having separate kitchen and toilet facilities.

Also see Dwelling, Multiple family.
(Prior Code § 10-3.406; Ord. CS 447, 1980)

17.06.055 Apartment, efficiency.

An apartment containing no bedroom, in which the living room usually serves as the sleeping facility. (Ord. CS 447, 1980)

17.06.060 Apartment, studio.

Same as "Apartment-Efficiency."
(Ord. CS 447, 1980)

Created: 2025-10-01 08:18:31 [EST]
(Supp. No. 11)

17.06.065 Architectural control.

Approval of the appearance of buildings or structures built or to be built, erected, constructed, altered, or relocated, based on plans and elevations of the proposed buildings or structures, or approval of the appearance of businesses to be conducted primarily out of doors. Architectural control shall also include approval of landscaping, signs and/or other elements of exterior appearance.
(Prior Code § 10-3.409; Ord. CS 447, 1980)

17.06.067 Attached wireless communication facility. (Attached WCF).

An attached wireless communication facility is an antenna array that is attached to an existing building or structure, which structure shall include but not be limited to utility poles, signs, water towers, with any accompanying pole or device which attaches the antenna array to the existing building or structure and associated connection cables, and an equipment facility which may be located either inside or outside the attachment structure.
(Ord. CS 780, 2-28-2000)

17.06.070 Auction.

A public sale at which the merchandise (old or new) goes to the highest bidder. (Ord. CS 447, 1980)

17.06.075 Automobile and trailer sales lot.

An open area used for the display, sales or rentals of new or used automobiles and trailer coaches, but where no repair, repainting or remodeling is done.
(Prior Code § 10-3.410; Ord. CS 447, 1980)

17.06.080 Automobile service station.

Any building, structure, premise or other place used primarily for the retail sale and dispensation of motor fuels, lubricants and motor vehicle accessories, and the rendering of minor services and repairs to such vehicles, but not including painting or body and fender repair and washing where a conveyor, blower, or steam cleaning device is used.
(Prior Code § 10-3.412; Ord. CS 447, 1980)

17.06.085 Automobile wrecking yard.

Any lot, or the use of any portion of a lot for the dismantling or wrecking of automobiles and other motor vehicles, or for their storage, or the keeping for sale of parts and equipment resulting from such dismantling or wrecking.
(Prior Code § 10-3.411; Ord. CS 447, 1980)

Created: 2025-10-01 08:18:31 [EST]
(Supp. No. 11)

17.06.090 Awning.

A roof-like cover of canvas or other materials, extending out from a building, usually above windows or doors. Also "Marquee."
(Ord. CS 447, 1980)

17.06.095 Balcony.

A platform, enclosed by a parapet or a railing, projecting from the wall of a building above ground floor level. (Ord. CS 447, 1980)

17.06.100 Basement.

A space partly or wholly underground, and having more than one half of its height measured from its floor to the ceiling below the average of adjoining grade; if the finished floor level directly above a basement is more than six feet above grade at any point, such basement shall be considered a story. (Prior Code § 10-3.413; Ord. C 447, 1980)

17.06.105 Block.

All property fronting on one side of a street between intercepting streets, or between a street and right-ofway, waterway, and of a cul-de-sac, or City-county boundary. (Prior Code § 10-3.414; Ord. CS 447, 1980)

17.06.110 Boarding or rooming house.

A building with not more than three guest rooms, where, for compensation, meals are provided for at least three but not more than five persons.
(Prior Code § 10-3.415; Ord. CS 447, 1980)

17.06.115 Boat Trailer.

A trailer designed or used to transport a boat.
(Prior Code § 10-3.416; Ord. CS 447, 1980)

17.06.120 Building.

Any structure built and maintained for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind, but shall not include temporary buildings as defined in "Structure—Temporary." Trailers, with or without wheels, shall not be considered as buildings. (Prior Code § 10-3.417; Ord. CS 447, 1980)

Created: 2025-10-01 08:18:31 [EST]
(Supp. No. 11)

17.06.125 Building, area of.

The sum in square feet of the gross area covered by all buildings and structures on a lot. (Prior Code § 10-3.418; Ord. CS 447, 1980)

17.06.130 Building, height of.

The vertical distance from the average ground level to the highest point of the structure exclusive of chimneys and ventilators.
(Prior Code § 10-3.420; Ord. CS 447, 1980)

17.06.135 Building, main.

A building within which is conducted the principle use permitted on the lot. (Prior Code § 10-3.420; Ord. CS 447, 1980)

17.06.140 Building setback line.

The minimum distance between any property line and the closest portion of the foundation of the main building, or enclosed or covered porch attached thereto. (Prior Code § 10-3.421; Ord. CS 447, 1980)

17.06.145 Building site.

The ground area of a building together with all the open space required by this ordinance. (Prior Code § 10-3.422; Ord. CS 447, 1980)

17.06.150 Temporary.

See "Structure-Temporary."
(Prior Code § 10-3.423; Ord. CS 447, 1980)

17.06.155 Bus.

A "bus" is any vehicle, including a trailer bus, designed, used, or maintained for carrying more than 15 persons including the driver or a vehicle designed, used, or maintained for carrying more than ten persons, including the driver, which is used to transport persons for compensation or profit, or is used by any nonprofit organization or group, is also a bus. A van pool vehicle is not a bus. (Prior Code § 10-3.424; Ord. CS 447, 1980; Ord. CS 755, 12-8-1997)

Created: 2025-10-01 08:18:31 [EST]
(Supp. No. 11)

17.06.160 Business or commerce.

The purchase, sale or other transaction involving the handling, or disposition of any article, substance or commodity for profit or livelihood; recreational or amusement enterprises and trades rendering personal services. (Prior Code § 10-3.425; Ord. CS 447, 1980)

17.06.165 Camper.

A truck with a body attachment, the attachment designed to be used for human habitation. (Prior Code § 10-3.426; Ord. CS 447, 1980)

17.06.170 Church.

A permanently located building commonly used for religious worship fully enclosed with walls (including windows and doors) and having a roof (canvas or fabric excluded) and conforming to applicable legal requirements affecting design and construction.
(Prior Code § 10-3.427; Ord. CS 447, 1980)

17.06.172 Collocation/site sharing.

Collocation/site sharing shall mean use of a common wireless communication facility or common site by two or more wireless license holders or by one wireless license holder for more than one type of communications technology and/or placement of a wireless communication facility on a structure owned or operated by a utility or other entity.
(Ord. CS 780, 2-28-2000)

17.06.174 Community care facility.

Any facility, place or building which is maintained and operated to provide non-medical residential care or day care services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired or incompetent persons. A Community Care Facility which services six or fewer persons shall be considered a residential use of property for the purposes of this chapter. (Ord. CS 484, 1981)

17.06.175 Condominium.

Means the same as defined by Section 16.53.020 (d) of the Atwater Municipal Code as referenced to Section 783 of the California Civil Code.
(Ord. CS 447, 1980)

17.06.180 Condominium conversions.

The conversion of existing dwelling units into condominiums.

Created: 2025-10-01 08:18:32 [EST]
(Supp. No. 11)

(Ord. CS 447, 1980)

17.06.185 Court.

An open, unoccupied area, other than a yard, on the same lot with a building or buildings, bounded on two or more sides by such building or buildings.
(Prior Code § 10-3.428; Ord. CS 447, 1980)

17.06.187 Crop cultivation.

The cultivation of tree, vine, field, forage, and other plant crops intended to provide food or fibers. The classification excludes wholesale or retail nurseries, vineyards and ancillary wineries and distilleries. This classification includes the indoor cultivation of cannabis, marijuana, and cannabis, marijuana nurseries. (Ord. CS 982, § 3, 10-23-2017)

17.06.190 District.

A portion of the territory of the City with which certain regulations and requirements or various combinations thereof apply under the provisions of this Code. (Prior Code § 10-3.429; Ord. CS 447, 1980)

17.06.195 Dump.

A place used for the disposal, abandonment, or discarding by burial, incineration, or by any other means of any garbage, sewage, trash, refuse, rubble, waste materials, offal or dead animals. (Prior Code § 10-3.430; Ord. CS 447, 1980)

17.06.200 Duplex.

See "Dwelling-Two-Family."
(Ord. CS 447, 1980)

17.06.205 Dwelling.

A building or portion thereof designed and used exclusively for residential occupancy and permitted home occupations, including single-family, two-family and multiple-family dwellings, trailers in a trailer park area, but not including hotels, motels, boarding or rooming houses.
(Prior Code § 10-3.431; Ord. CS 447, 1980)

17.06.210 Dwelling, group.

Two or more dwellings located on a single lot and each having separate kitchen and toilet facilities. (Prior Code § 10-3.435; Ord. CS 447, 1980)

Created: 2025-10-01 08:18:32 [EST]
(Supp. No. 11)

17.06.215 Dwelling, multiple family.

A building or buildings designed and used for occupancy by three or more families, all living independently of each other and having separate kitchen and toilet facilities for each family or building on the same parcel of real property.
(Prior Code § 10-3.432; Ord. CS 447, 1980)

17.06.220 Dwelling, one-family.

A detached building designed or used exclusively for the occupancy of one family, and having kitchen and toilet facilities for only one family.
(Prior Code § 10-3.433; Ord. CS 447, 1980)

17.06.225 Dwelling, two-family.

A building designed or used exclusively for the occupancy of two families living independently of each other and having separate kitchen and toilet facilities for each family. (Prior Code § 10-3.434; Ord. CS 447, 1980)

17.06.230 Dwelling unit.

Two or more connected rooms in a dwelling designed or used exclusively for the occupancy by one family for living or sleeping purposes and having only one kitchen and separate toilet facilities. (Prior Code § 10-3.436; Ord. CS 447, 1980)

17.06.235 Employee.

Employee shall mean any person employed or anticipated to be employed on the premises. (Ord. CS 447, 1980)

17.06.237 Equipment facility.

An equipment facility is any structure used to contain ancillary equipment for a Wireless communication facility which includes cabinets, shelters, a build-out of an existing structure, pedestals, and other similar structures.
(Ord. CS 780, 2-28-2000)

17.06.240 Family.

An individual or two or more persons related by blood, marriage, or adoption, or a group of not more than five persons (excluding domestic employees) who need not be related by blood, marriage, or adoption, living together in a single-family dwelling unit.
(Prior Code § 10-3.437; Ord. CS 447, 1980)

Created: 2025-10-01 08:18:32 [EST]
(Supp. No. 11)

17.06.245 Fence.

An enclosing or dividing framework for land, yards or gardens that permits fifty percent of light, air and vision through the surface in a horizontal plane.
(Prior Code § 10-3.438; Ord. CS 447, 1980)

17.06.250 Fence, wall.

A masonry structure or device forming a physical barrier, which is so constructed that the vertical surface is closed and prevents the passage of light and vision through said surface in a horizontal plane. (Ord. CS 447, 1980)

17.06.255 Fence, solid.

Any structure or device forming a physical barrier, which is so constructed that the vertical surface is closed and prevents the passage of light and vision through said surface in a horizontal plane. (Ord. CS 447, 1980)

17.06.258 Fifth-wheel travel trailer.

A "fifth-wheel travel trailer" is a vehicle designed for recreational purposes to carry persons or property on its own structure and so constructed as to be drawn by a motor vehicle by means of a kingpin connecting device. (Ord. CS 755, 12-8-1997)

17.06.260 Floor area.

For the purpose of establishing parking requirements, floor area shall mean the net floor area. In the case of office, merchandising or service types of uses it shall not include areas principally for non-public purposes such as incidental repair, processing or packaging of merchandise, for show windows, for toilets or restrooms, for utilities, or for dressing rooms, fitting rooms or alteration rooms. (Prior Code § 10-3.439; Ord. CS 447, 1980)

17.06.265 Frontage.

That portion of a parcel of property which abuts a dedicated public street or highway. (Prior Code § 10-3.440; Ord. CS 447, 1980)

17.06.270 Garage, public.

Any building other than a private garage used for the care, repair or equipment of automobiles, or where such vehicles are parked or stored for remuneration, hire or sale. (Prior Code § 10-3.442; Ord. CS 447, 1980)

Created: 2025-10-01 08:18:32 [EST]
(Supp. No. 11)

17.06.275 Garage sale.

For the purpose of this chapter, a "garage sale" is a sale conducted by an individual home owner or occupant of a home, or apartment owner, or an occupant of an apartment unit, or owner or occupant of any other residential or dwelling unit, for the purpose of selling, trading, bargaining, exchanging or otherwise disposing of unwanted or surplus household furnishings, or goods, or other tangible personality, usually conducted in a garage, on a patio, upon a driveway, or on or in any portion of premises in a residential zone, and for which no inventory or permanent or detailed records are kept on the transactions thus carried out. It may, at times, be conducted by a combination of residential dwellers at a single location. All sales designated "lawn sale," "attic sale," "moving sale," "flea market sale," or other terms of similar or like intent and having the foregoing characteristics and purposes are garage sales, excluding those sales held by charitable institutions on property owned and maintained by said organizations, and, excluding those areas sponsored by bona fide service clubs. (Ord. CS 447, 1980; Ord. CS 776, 9-27-1999)

17.06.280 Grade.

The mean elevation of the finished surface of the ground adjacent to the exterior walls of the building; except that where the exterior walls are within five feet of a street line, the elevations of the sidewalk at the center of such exterior wall or walls shall be taken as the grade. (Prior Code § 10-3.443; Ord. CS 447, 1980)

17.06.285 Guest.

Any transient who occupies a room for sleeping purposes. (Prior Code § 10-3.444; Ord. CS 447, 1980)

17.06.290 Guest room.

A room which is designed and/or used by one or more guests for sleeping purposes, but, in which no provision is made for cooking.
(Prior Code § 10-3.445; Ord. CS 447, 1980)

17.06.295 Hedge.

A plant or series of plants, shrubs, or other landscape materials, so arranged as to form a physical barrier by enclosure.
(Prior Code § 10-3.446; Ord. CS 447, 1980)

17.06.297 Height. Wireless communication facility (WCF).

When referring to a wireless communication facility, height shall mean the distance measured from grade to the highest point on the wireless communication facility, including the antenna array. (Ord. CS 780, 2-28-2000)

Created: 2025-10-01 08:18:32 [EST]
(Supp. No. 11)

17.06.300 Home occupations.

A business conducted entirely within or from a dwelling unit and carried on by persons residing within the dwelling unit, which use is clearly incidental and secondary to the use of the dwelling and does not change the residential character of the dwelling or adjacent dwellings and in connection with that there is no display or commodities sold at the dwelling and no use of any accessory buildings or yard space or activity outside the dwelling.
(Prior Code § 10-3.447; Ord. CS 447, 1980; Ord. CS 631, 1987)

17.06.305 Industry, industrial operation.

The manufacture, fabrication, processing, reduction or destruction of any article, substance or commodity, or any other treatment thereof in such a manner as to change the form, character or appearance thereof and including storage elevators, storage yards, warehouses, wholesale storage and other similar types of enterprises.

This classification includes the cultivation, nurseries, processing, extraction, manufacturing, testing, distribution, and transportation of cannabis and cannabis products.
(Prior Code § 10-3.449; Ord. CS 447, 1980; Ord. CS 982, § 4, 10-23-2017)

17.06.310 Junk.

Any worn out, cast off, or discarded article or material which is ready for destruction or has been collected or stored for salvage or conversion to some use. Any article or material which, unaltered or unchanged and without further reconditioning, can be used for its original purpose as readily as when new, shall not be considered junk. (Prior Code § 10-3.450; Ord. CS 447, 1980)

17.06.315 Junk yard.

Any lot, or the use of any portion of a lot, for the dismantling of machinery (not including motor vehicles) or for the storage or keeping for sale of parts and equipment resulting from dismantling or wrecking, or for the storage or keeping of junk, including scrap metals or other scrap materials, pipes, plumbing, etc. (Prior Code § 10-3.451; Ord. CS 447, 1980)

17.06.320 Kennel.

Any lot or premises on which four or more dogs and/or cats over four months old are kept, maintained, boarded or offered for sale.
(Prior Code § 10-3.452; Ord. CS 447, 1980)

17.06.325 Kitchen.

Any room or area intended or designed to be used or maintained for the cooking, storing and preparation of food.
(Prior Code § 10-3.453; Ord. CS 447, 1980)

Created: 2025-10-01 08:18:32 [EST]
(Supp. No. 11)

17.06.330 Landscaping.

Shall mean planting, including trees, shrubs, lawn areas, ground covers, suitably designed, selected, installed and maintained so as to be permanently attractive. Decorative screens, fences, ornamental post lamps and decorative rock are considered as elements of landscape development. (Ord. CS 447, 1980)

17.06.335 Landscape plan.

A plan showing the size, location, number and variety of major plant materials to be used, including the botanical or common plant names and the location, type and design of all irrigation facilities. (Ord. CS 447, 1980)

17.06.340 Loading.

The removal or replacement of any commodity, in, on, or from a vehicle of any type. (Prior Code § 10-3.454; Ord. CS 447, 1980)

17.06.345 Loading space.

An off-street space or berth on the same lot with a building or contiguous to a group of buildings, for the temporary parking of commercial vehicles while loading or unloading and which abuts a street, alley, or other appropriate means of access.
(Prior Code § 10-3.455; Ord. CS 447, 1980)

17.06.350 Lot.

A parcel of land occupied or to be occupied by a use, building, or unit group of buildings and accessory buildings, together with such yards, open space, lot width and lot area as are required by this chapter, and having frontage upon a street (other than an alley), or a private easement determined by the Commission to be adequate for purposes of access.
(Prior Code § 10-3.456; Ord. CS 447, 1980)

17.06.355 Lot area.

The total of the area, measured in a horizontal plane, within the lot lines of a lot. (Prior Code § 10-3.457; Ord. CS 447, 1980)

17.06.360 Lot corner.

A lot situated at the junction of two or more streets having an angle of intersection of not more than 135 degrees, with a boundary line thereof bordering on each of the streets. The point of intersection of the street right-of-way lines or the extension of such lines to a point is the "corner." (Prior Code § 10-3.458; Ord. CS 447, 1980)

Created: 2025-10-01 08:18:32 [EST]
(Supp. No. 11)

17.06.365 Lot coverage.

The area of a lot occupied by buildings, structures, and covered parking areas, not including fences, hedges, swimming pools, and uncovered patios.
(Prior Code § 10-3.459; Ord. CS 378, 1979; Ord. CS 447, 1980)

17.06.370 Lot depth.

The average horizontal distance between the front and rear lot lines, measured in the mean direction of the side lot lines.
(Prior Code § 10-3.460; Ord. CS 447, 1980)

17.06.375 Lot, key.

The first lot to the rear of a reversed corner lot and not separated by an alley. (Prior Code § 10-3.461; Ord. CS 447, 1980)

17.06.380 Lot line.

Any line bounding a lot as herein defined.
(Prior Code § 10-3.465; Ord. CS 447, 1980)

17.06.385 Lot line, front.

The property line dividing a lot from a street. On a corner lot only one street line shall be considered the front line and the shorter street frontage shall be considered the front line, except in those cases where the latest deed restrictions specify another line as the front lot line. (Prior Code § 10-3.466; Ord. CS 447, 1980)

17.06.390 Lot line, rear.

A line which is opposite and most distant from the front lot line, and, in the case of an irregular, triangular or gore shaped lot, a line within a lot at least ten feet in length, parallel to and/or at the maximum distance from the front lot line.
(Prior Code § 10-3.467; Ord. CS 447, 1980)

17.06.395 Lot line, side.

Any lot lines other than the front or rear lot lines.
(Prior Code § 10-3.468; Ord. CS 447, 1980)

Created: 2025-10-01 08:18:33 [EST]
(Supp. No. 11)

17.06.400 Lot, non-conforming.

A lot having less area or dimension than required in the district in which it is located and which was lawfully created prior to the zoning ordinance of October 8, 1956, or before it was annexed to the City. (Prior Code § 10-3.462; Ord. CS 447, 1980)

17.06.405 Lot, reversed corner.

A corner lot, the sideline of which is substantially a continuation of the front lot lines of the lots to its rear, whether across an alley or not.
(Prior Code § 10-3.464; Ord. CS 447, 1980)

17.06.410 Lot, through.

A lot having frontage on two public streets, not including a corner or reversed corner lot. (Prior Code § 10-3.463; Ord. CS 447, 1980)

17.06.415 Lot width.

The average horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.
(Prior Code § 10-3.469; Ord. CS 447, 1980)

17.06.417 Massage Therapy.

Means any method of pressure on or pressure against, or stroking kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external parts of another human body with the use of the hands, arms or other portion of the body, or with the aid of any mechanical or electrical apparatus or appliances with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments or other similar preparations commonly used in this practice.
(Ord. CS 768, 3-8-1999)

17.06.420 Medical office.

Any building or portion of a building used or intended to be used as an office for the practice of any type of medicine, including chiropractics, dentistry, or optometry. It may also include clinics of a medical or dental nature. (Prior Code § 10-3.470; Ord. CS 447, 1980)

17.06.425 Mobile living unit.

A camp trailer, camper, house car, mobile home, recreational vehicle, or trailer coach as each of these terms is defined in the Health and Safety Code of the State of California, and the Vehicle Code of the State of California, or any other vehicle or structure originally designed or permanently altered in such a manner to permit occupancy

Created: 2025-10-01 08:18:33 [EST]
(Supp. No. 11)

or use thereof for living and sleeping purposes, and so designed or equipped with wheels, or capable of being mounted on wheels and used as a conveyance on public streets or highways. (Prior Code § 10-3.498; Ord. CS 364, 1978; Ord. CS 447, 1980)

17.06.430 Motel.

A building or group of buildings used for transient residential purposes containing guest rooms or dwelling units with automobile storage space provided in connection therewith, which building or group is designed, intended, or used primarily for the accommodation of transient automobile travelers; including groups designated as auto cabins, motor courts, motor hotels, and similar designations. (Prior Code § 10-3.472; Ord. CS 447, 1980)

17.06.433 Motor truck.

A "motor truck" or "motor truck" is a motor vehicle designed, used, or maintained primarily for the transportation of property.
(Ord. CS 755, 12-8-1997)

17.06.435 Non-conforming building.

A building or portion thereof which was lawful when established but which does not conform to subsequently established zoning or zoning regulations.
(Prior Code § 10-3.473; Ord. CS 447, 1980)

17.06.440 Non-conforming use.

A use lawful when established but which does not conform to subsequently established zoning or zoning regulations.
(Prior Code § 10-3.474; Ord. CS 447, 1980)

17.06.445 Nuisance.

Something which, by its use or existence, works annoyance, harm or damage to another. (Ord. CS 447, 1980)

17.06.450 Nursery school.

A public, private, or other profit or nonprofit institution or organization conducting regularly scheduled care or supervision of preschool or school-age children.
(Prior Code § 10-3.475; Ord. CS 447, 1980)

Created: 2025-10-01 08:18:33 [EST]
(Supp. No. 11)

17.06.455 Parapet.

A low guarding wall at any point of sudden drop, as at the edge of a terrace, roof, balcony, etc. In an exterior wall, fire wall, or party wall, the part entirely above the roof. (Ord. CS 447, 1980)

17.06.460 Parking area, private.

An area, other than a street, used for the parking of automotive vehicles and restricted from general public use.
(Prior Code § 10-3.476; Ord. CS 447, 1980)

17.06.475 Patio.

An outdoor area adjoining walls of a building, paved, intended for outdoor living use. Sometimes covered by a roof. Completely open on at least 25 percent of the total amount of wall surface. (Ord. CS 447, 1980)

17.06.476 Patio cover.

A roof structure attached to the main building that provides full or partial protection from the sun or rain and is open on all sides within the required rear yard setback. This may include such structures as arbors, awnings, pergolas or extended roof overhangs.
(Ord. CS 484, 1981)

17.06.480 Patio house.

A form of low-cost housing, is a single story dwelling unit on a small lot. Front, side and rear yards are consolidated into one garden area, either partially or completely bordered by rooms. The garden court is enclosed by walls. The exterior walls are erected on the lot lines. (Ord. CS 447, 1980)

17.06.485 Person.

An individual, business, company, corporation—both public and private, association, political or governmental subdivision or unit, or other group acting as a unit entity. (Prior Code § 10-3.478a; Ord. CS 447, 1980)

17.06.490 Porch.

A structure attached to a building to shelter an entrance or to serve as a semi-enclosed space, usually roofed and generally open sided. It may be screened or glass-enclosed. (Ord. CS 447, 1980)

Created: 2025-10-01 08:18:33 [EST]
(Supp. No. 11)

17.06.495 Professional office.

Any building or portion of a building used or intended to be used as an office for a lawyer, architect, engineer, land surveyor, optometrist, accountant, and any other similar profession, and shall include the practice of any type of medicine, dentistry, or chiropractory.
(Prior Code § 10-3.479; Ord. CS 447, 1980)

17.06.500 Rentable floor area.

The floor area in a building, exclusive of corridor, stairs, elevator shafts, lavatories, flues, and janitor storage closet.
(Prior Code § 10-3.480; Ord. CS 447, 1980)

17.06.505 Residence.

A building used, designed, or intended to be used as a home or dwelling place, for one or more families. (Prior Code § 10-3.481; Ord. CS 447, 1980)

17.06.510 Restaurant.

Any building or structure in which food and drinks are prepared for service to customers within such structure.
(Prior Code § 10-3.482; Ord. CS 447, 1980)

17.06.515 Restaurant, fast food.

A building or portion thereof where food is prepared which may be taken out or consumed at the premises.

Usually described as providing no table service, with a fast turn-over of customers and causing high traffic generation.
(Ord. CS 447, 1980)

17.06.520 Rest home or convalescent home.

A building and premise in and on which two or more sick, injured or infirm ambulatory persons are housed or intended to be housed for compensation and which is not equipped or intended to be used as a hospital. (Prior Code § 10-3.483; Ord. CS 447, 1980)

17.06.525 Room.

An unsubdivided portion of the interior of a dwelling unit, excluding bathroom, kitchen, closets, hallways, and service porches.
(Prior Code § 10-3.484; Ord. CS 447, 1980)

Created: 2025-10-01 08:18:33 [EST]
(Supp. No. 11)

17.06.530 School, elementary, junior high, and high.

Public and other profit or nonprofit institutions conducting regular academic instruction at kindergarten, elementary and secondary levels. Such institutions shall offer general academic instruction equivalent to the standards as prescribed by the Education Code of the State of California. (Prior Code § 10-3.485; Ord. CS 447, 1980)

17.06.535 Seating facilities.

In places of public assembly in which spectators or patrons occupy benches, pews, or other similar seating facilities, each 24 inches of such seating facilities shall be counted as one seat for the purpose of determining offstreet parking facilities. (Ord. CS 447, 1980)

17.06.536 Mobile food vendor.

Mobile food vendor (food trucks/motorized carts) shall mean any vehicle, motorized cart, or trailer that is designed to be mobile and not permanently attached to the ground from which food is peddled or sold for sale. (Ord. CS 1026, § I, 1-13-2020)

17.06.538 Semi trailer.

A "semi trailer" is a vehicle designed for carrying persons or property, used in conjunction with a motor vehicle, and so constructed that some part of its weight and that of its load rests upon, or is carried by, another vehicle.
(Ord. CS 755, 12-8-1997)

17.06.540 Senior citizen housing.

Usually government subsidized housing, with special construction features built in for the elderly. Sometimes a nurse's or doctor's office on the premises. Tenants must meet certain qualifications. (Ord. CS 447, 1980)

17.06.545 Setback.

The distance between any property line and the closest portion of the foundation of a building, or enclosed or covered porch or patio attached thereto.
(Prior Code § 10-3.486; Ord. CS 447, 1980)

17.06.547 Setback—Wireless communication facility (WCF).

Setback shall mean the required distance from the property line of the parcel on which the wireless communication facility is located to the support structure.

Created: 2025-10-01 08:18:33 [EST]
(Supp. No. 11)

(Ord. CS 780, 2-28-2000)

17.06.550 Sign.

Any words, letters, figures, numerals, designs, or other marks shown on any card, cloth, paper, metal, painted glass, wood, plaster, stone or device of any kind or character by which anything is made known and used to attract attention for advertising purposes. This definition shall not include official notices issued by a court or public body or officer or directional warnings or information sign or structure required by or authorized by law or by federal, state, county, or City authority.
(Prior Code § 10-3.488; Ord. CS 447, 1980)

17.06.555 Site plan control.

Approval of the location of structures and parking areas built or to be built, erected, or constructed, based on plans to be submitted by the applicant.
(Prior Code § 10-3.487; Ord. CS 447, 1980)

17.06.560 Spot zoning.

An amendment which reclassifies a small piece of land in a manner inconsistent with existing zoning patterns.
(Ord. CS 447, 1980)

17.06.565 Story.

That portion of a building included between surface of any floor and the surface of any floor next above it, or if there is no floor above it, then the space between such floor and ceiling next above it. (Prior Code § 10-3.489; Ord. CS 447, 1980)

17.06.570 Street.

A public thoroughfare or right-of-way dedicated as such or condemned for use as such, other than an alley, which affords principle means of access to abutting property. (Prior Code § 10-3.490; Ord. CS 447, 1980)

17.06.575 Street, centerline.

The center line of a street right-of-way as established by official surveys. (Prior Code § 10-3.493; Ord. CS 447, 1980)

Created: 2025-10-01 08:18:33 [EST]
(Supp. No. 11)

17.06.580 Street, collector.

Streets connecting residential neighborhoods with major streets, collecting the traffic from minor streets along the most direct and convenient route to the major street system. (Ord. CS 447, 1980)

17.06.585 Street, major.

The primary function of a major street is to carry a large capacity of traffic at high speed from one part of the City to another.
(Prior Code § 10-3.492; Ord. CS 447, 1980)

17.06.595 Strip commercial.

A narrow strip of individual commercial businesses along one or both sides of a major roadway. (Ord. CS 447, 1980)

17.06.600 Structural alteration.

Any change in the supporting members of a structure such as the bearing walls or partitions, columns, beams, or girders.
(Prior Code § 10-3.494; Ord. CS 447, 1980)

17.06.605 Structure.

Anything constructed or erected, the use of which required location on or under the ground or attached to something having a permanent location on the ground, except awnings, benches, statuary, fish ponds, pavement, tents, vehicles, trailers, or fences or walls used as fences less than six feet in height, or any similar object. (Prior Code § 10-3.495; Ord. CS 447, 1980)

17.06.610 Structure, temporary.

A structure which is readily movable and used or intended to be used for a specific number of days which shall be established by the Planning Commission.
(Prior Code § 10-3.496; Ord. CS 447, 1980)

17.06.612 Support structure.

A support structure is a structure designed and constructed specifically to support an antenna array, and may include a monopole, self-supporting tower, guy-wire support tower and similar structures. Any device which is used to attach an Attached Wireless communication facility to an existing building or structure shall be excluded from this definition of regulations as applicable to support structures. (Ord. CS 780, 2-28-2000)

Created: 2025-10-01 08:18:33 [EST]
(Supp. No. 11)

17.06.613 Supportive housing.
"Supportive housing" means housing with no limit on length of stay, that is occupied by the target population and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Supportive housing units are residential uses allowed in any zone allowing residential uses, subject only to those requirements and restrictions that apply to other residential uses of the same type in the same zone. "Target population" means persons, including persons with disabilities, and families who are "homeless," as that term is defined by Section 11302 of Title 42 of the United States Code, or who are "homeless youths," that term is defined by paragraph (2) of subdivision (e) of Section 11139.3 of the Government Code. (Ord. CS 1014, § 2, 9-23-2019)

17.06.615 Trailer.

A "Trailer" is a vehicle designed for carrying persons or property on its own structure and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon any other vehicle. This does not include a travel trailer as described in Section 17.06.625 nor does it include a fifth-wheel travel trailer as defined in Section

17.06.258.
(Prior Code § 10-3.497.1; Ord. CS 447, 1980; Ord. CS 755, 12-8-1997)

17.06.620 Trailer park, mobile home park or trailer court.

A space, area, or building designed, equipped, or maintained for the harboring, parking, or storing of two or more trailers, coaches, or house cars which haul such trailers, coaches or house cars being used as living or sleeping quarters for humans.
(Prior Code § 10-3.499; Ord. CS 447, 1980)

17.06.625 Trailer, travel.

A vehicle without motive power, designed and constructed to travel on the public thoroughfares in accordance with the provisions of the State Vehicle Code and to be used for human habitation or for carrying property, without provisions for sewage disposal.
(Prior Code § 10-3.497; Ord. CS 447, 1980)

17.06.627 Transitional housing.
"Transitional housing" means rental housing operated under program requirements that call for termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months from the beginning of assistance but no longer than one year in duration. Transitional housing units are residential uses allowed in any zone allowing residential uses, subject only to those requirements and restrictions that apply to other residential uses of the same type in the same zone.
(Ord. CS 1014, § 2, 9-23-2019)

Created: 2025-10-01 08:18:33 [EST]
(Supp. No. 11)

17.06.630 Truck, pickup.

A "pickup truck" is a motor truck with a manufacturer's gross vehicle weight rating of less than 10,101 pounds, an unladen weight of less than 6,001 pounds, and which is equipped with an open box-type bed of less than 9 feet in length.
(Prior Code § 10-3.4100; Ord. CS 447, 1980; Ord. CS 755, 12-8-1997)

17.06.635 Truck, tractor.

A "truck tractor" is a motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load, other than a part of the weight of the vehicle and the load so drawn. As used in this section "load" does not include items carried on the truck tractor in conjunction with the operation of the vehicle if the load carrying space for these items does not exceed 34 square feet. (Prior Code § 10-3.4101; Ord. CS 447, 1980; Ord. CS 755, 12-8-1997)

17.06.640 Use.

The purpose of which land or a building is arranged, designed, or intended, or for which either land or building is or may be occupied or maintained.
(Prior Code § 10-3.4102; Ord. CS 447, 1980; Ord. CS 447, 1980)

17.06.645 Vehicles.

Includes any auto, truck, bus, van, or other similarly described conveyance. (Ord. CS 447, 1980)

17.06.647 Wireless communication.

Wireless communication shall mean any personal wireless services as defined in the Telecommunication Act of 1996, which includes FCC licensed commercial wireless telecommunications service including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that currently exist or that may in the future be developed. (Ord. CS 780, 2-28-2000)

17.06.648 Wireless communication facility (WCF).

A wireless communication facility is any un-staffed facility for the transmission and/or reception of wireless telecommunications services, usually consisting of an antenna array, connection cables, an equipment facility, and a support structure to achieve the necessary elevation. (Ord. CS 780, 2-28-2000)

Created: 2025-10-01 08:18:34 [EST]
(Supp. No. 11)

17.06.650 Yard.

Land unoccupied or unobstructed, except for such encroachments as may be permitted by this ordinance, surrounding a building.
(Prior Code § 10-3.4104; Ord. CS 447, 1980)

17.06.655 Yard, front.

A yard extending across the full width of the lot between the front lot line and the closest portion of the foundation of the main building or enclosed or covered porch or patio attached thereto. A minimum front yard is the minimum permitted depth of yard as measured at right angles to the front property line and extending across the full width of the lot. The closest portion of the foundation of the main building, or enclosed patio attached thereto shall not encroach into the minimum front yard. (Prior Code § 10-3.4105; Ord. CS 387, 1979; Ord. CS 447, 1980)

17.06.660 Yard, rear.

A yard extending across the full width of the lot between the rear lot line and the closest portion of the foundation of the building, or enclosed or covered porch or patio thereto. A minimum rear yard is the minimum permitted depth of yard as measured at right angles to the rear property line and extending across the full width of the lot. The closest portion of the foundation of the main building, or enclosed or covered patio attached thereto, shall not encroach into the minimum rear yard.
(Prior Code § 10-3.4106; Ord. CS 387, 1979; Ord. CS 447, 1980)

17.06.665 Yard, side.

A yard on each side of the main building extending from the front yard to the rear yard, the width of each of such yard being measured between the side line of the lot and the closest portion of the foundation of the main building, or enclosed or covered porch or patio attached thereto. A minimum side yard is the minimum permitted depth of yard as measured at right angles to the side property line and extending along the sides of the lot from the minimum front yard to the minimum rear yard. The closest portion of the foundation of the main building or enclosed or covered patio attached thereto shall not encroach into the minimum side yard. (Prior Code § 10-3.4107; Ord. CS 387, 1979; Ord. CS 447, 1980)

17.06.670 Zero lot line.

When a building is erected on the lot line, leaving no distance between the lot line and the structure. (Ord. CS 447, 1980)

Exhibit F
Created: 2025-10-01 08:18:35 [EST]
(Supp. No. 11)

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

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

R-E R-1-10 R-1-8 R-1-6 R-1-5
Minimum Lot Area per dwelling unit (sq.
ft.)
16,000 10,000 8,000 6,000 5,000
Minimum Lot Width (feet), Interior Lot 110 100 80 60 50 Minimum Lot Width (feet) Corner Lot 110 100 80 70 60
Minimum Lot Depth 130 100 100 100 100
Minimum Front yard Setback (exterior) 20 20 20 20 10
Minimum Rear yard Setback 20 20 20 15 5
Minimum Side yard Setback (interior) 10 10 5 5 5
Minimum Side yard Setback Corner Lot
abutting a front yard 20 20 15 15 10
abutting a side yard 10 10 10 10 2
Minimum Landscaped or open
recreational area
30 percent
30 percent
30 percent
30 percent
25 percent
(Ord. CS 529, 1983; Ord. CS 559, 1984; Ord. CS 595, 1985; Ord. CS 1069, § 4(Exh. A), 11-12-2024)

www.JLBtraffic.com
[email protected]
516 W. Shaw Ave., Ste. 103
Fresno, CA 93704 Page | 1
(559) 570-8991
September 25, 2025
Justin Vinson
Public Works Director
City of Atwater
750 Bellevue Road
Atwater, CA 95301
Via Email Only: [email protected]
Subject: Multi-Way Stop Warrant Analysis for the Intersections of Fruitland Avenue at Chardonnay Way and Fruitland Avenue at Capitola Avenue in the City of Atwater JLB Traffic Engineering, Inc. (JLB) has completed a multi-way stop warrant analysis for the intersections of Fruitland Avenue at Chardonnay Way and Fruitland Avenue at Capitola Avenue in the City of Atwater.

The traffic warrants for these intersections were prepared pursuant to the California Manual on Uniform Traffic Control Devices (CA MUTCD). The purpose of this warrant analysis is to determine if the controls at the intersections of Fruitland Avenue at Chardonnay Way and Fruitland Avenue at Capitola Avenue should be converted to a multi-way stops or remain as is. This letter along with its appendices provides you with data and findings utilized to complete the CA MUTCD Warrants under the Existing traffic conditions.

Traffic Counts
One of the first steps in the preparation of the multi-way stop and traffic signal warrants was to collect 24-hour volume counts and a peak hour turning movement count for the study intersection. The 24- hour volume counts and a peak hour turning movement count were collected on Wednesday, August 27, 2025, while the schools in the vicinity of the intersection were in session. The peak hour turning movement count included pedestrian and bicycle volumes. Additionally, spot speed studies were conducted along Fruitland Avenue to determine the speed profile along this segment. All traffic counts for the existing study intersection are contained in Exhibit A.

Multi-Way STOP Warrant Analysis and Guidelines
Section 2B.07 Multi-Way STOP Applications of the CA MUTCD provides standards and guidelines to determine if an intersection should be considered for multi-way stop controls. “The decision to install multi-way stop control should be based on an engineering study.” This section also provides criteria that should be considered in the engineering study for multi-way stop sign installation and are listed below.

A. Where traffic control signals are justified, the multi-way stop is an interim measure that can be installed quickly to control traffic while arrangements are being made for the installation of the traffic control signal.

B. Five or more reported crashes in a 12-month period that are susceptible to correction by a multi-way stop installation. Such crashes include right-turn and left-turn collisions as well as right-angle collisions.

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516 W. Shaw Ave., Ste. 103
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Fruitland Multi-Way Stop Warrants
September 25, 2025
C. Minimum volumes:

1. The vehicular volume entering the intersection from the major street approaches (total of both approaches) averages at least 300 vehicles per hour for any 8 hours of an average day; and

2. The combined vehicular, pedestrian and bicycle volume entering the intersection from the minor street approaches (total of both approaches) averages at least 200 units per hour for the same 8 hours, with an average delay to minor-street vehicular traffic of at least 30 seconds per vehicle during the highest hour; but

3. If the 85th percentile approach speed of the major-street traffic exceeds 40 MPH, the minimum vehicular volume warrants are 70 percent of the values provided in Items 1 and 2.

D. Where no single Criteria is satisfied, but where Criteria B, C.1 and C.2 are all satisfied to 80 percent of the minimum values. Criteria C.3 is excluded from this condition.

Multi-Way STOP Warrant – Criteria A
To complete Criteria A of the multi-way stop warrant, JLB completed CA MUTCD Signal Warrant 1 (EightHour volume), Warrant 2 (Four-Hour volume) and Warrant (Peak Hour Warrant). The findings and results for Criteria B, C and D will be presented after Criteria A.

Section 4C.01 Studies and Factors for Justifying Traffic Control Signals of the 2014 CA MUTCD provide standards and guidelines to determine if an intersection should be considered for signalization. These guidelines are used to complete Criteria A of the multi-way stop warrant. The first of three steps in the process to determine if a signal is warranted is that an “engineering study of traffic conditions, pedestrian characteristics and physical characteristics of the location shall be performed to determine whether installation of a traffic control signal is justified at a particular location.” The investigation to determine if a traffic signal should be implemented shall include the applicable factors contained in various traffic Signal Warrants. The CA MUTCD contains the following warrants:

1. Warrant 1: Eight-Hour Vehicular Volume

2. Warrant 2: Four-Hour Vehicular Volume

3. Warrant 3: Peak Hour

4. Warrant 4: Pedestrian Volume

5. Warrant 5: School Crossing

6. Warrant 6: Coordinated Signal System

7. Warrant 7: Crash Experience

8. Warrant 8: Roadway Network

9. Warrant 9: Intersection Near a Grade Crossing
Of the nine warrants, the most appropriate for the subject intersection are Warrants 1, 2 and Criteria B of Warrant 3. Therefore, for purposes of this study, Warrants 1, 2 and 3 were completed. To complete Warrants 1, 2 and 3, 24-hour volume counts and turning movement counts were utilized.

www.JLBtraffic.com
[email protected]
516 W. Shaw Ave., Ste. 103
Fresno, CA 93704 Page | 3
(559) 570-8991
Fruitland Multi-Way Stop Warrants
September 25, 2025
Warrant 1, Eight-Hour Vehicular Volume
The standard to satisfy Warrant 1 of the 2014 CA MUTCD is as follows:

The need for a traffic control signal shall be considered if an engineering study finds that one of the following conditions exist for each of any 8 hours of an average day:

A. The vehicles per hour given in both of the 100 percent columns of Condition A in Table 4C-1 exist on the major-street and the higher-volume minor-street approaches, respectively, to the intersection; or
B. The vehicles per hour given in both of the 100 percent columns of Condition B in Table 4C-1 exist on the major-street and the higher-volume minor-street approaches, respectively, to the intersection.

In applying each condition, the major-street and minor-street volumes shall be for the same 8 hours. On the minor street, the higher volume shall not be required to be on the same approach during each of these 8 hours.

JLB completed Warrant 1 pursuant to the above guidelines. This warrant is found in Appendix B. Based on the above guidelines and traffic counts, the intersections of Fruitland Avenue at Chardonnay Way and Fruitland Avenue at Capitola Avenue do not satisfy Conditions A or B of Warrant 1. Thus, Warrant 1 is not satisfied.

Warrant 2, Four-Hour Vehicular Volume
The standard to satisfy Warrant 2 of the 2014 CA MUTCD is as follows:

The need for a traffic control signal shall be considered if an engineering study finds that, for each of any 4 hours of an average day, the plotted points representing the vehicles per hour on the major street (total of both approaches) and the corresponding vehicles per hour on the higher-volume minor-street approach (one direction only) all fall above the applicable curve in Figure 4C-1 for the existing combination of approach lanes. On the minor street, the higher volume shall not be required to be on the same approach during each of these 4 hours.

JLB completed Warrant 2 pursuant to the above guidelines. This warrant is found in Appendix B. Based on the above guidelines and traffic counts, the intersections of Fruitland Avenue at Chardonnay Way and Fruitland Avenue at Capitola Avenue do not satisfy Warrant 2. Thus, Warrant 2 is not satisfied.

Warrant 3, Peak-Hour
The standard to satisfy Warrant 3 of the 2014 CA MUTCD is as follows:

The need for a traffic control signal shall be considered if an engineering study finds that the criteria in either of the following two categories are met:

A. If all three of the following conditions exist for the same 1 hour (any four consecutive 15- minute periods) of an average day:

I. The total stopped time delay experienced by the traffic on one minor-street approach (one direction only) controlled by a STOP sign equals or exceeds: 4 vehicle-hours for a one-lane approach or 5 vehicle-hours for a two-lane approach; and

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516 W. Shaw Ave., Ste. 103
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(559) 570-8991
Fruitland Multi-Way Stop Warrants
September 25, 2025
II. The volume on the same minor-street approach (one direction only) equals or exceeds 100 vehicles per hour for one moving lane of traffic or 150 vehicles per hour for two moving lanes; and
III. The total entering volume serviced during the hour equals or exceeds 650 vehicles per hour for intersections with three approaches or 800 vehicles per hour for intersections with four or more approaches.

B. The plotted point representing the vehicles per hour on the major street (total of both approaches) and the corresponding vehicles per hour on the higher-volume minor-street approach (one direction only) for 1 hour (any four consecutive 15-minute periods) of an average day falls above the applicable curve in Figure 4C-3 for the existing combination of approach lanes.

JLB completed Criteria B of Warrant 3 pursuant to the above guidelines. This warrant is found in Appendix B. Based on the above guidelines and traffic counts, the intersections of Fruitland Avenue at Chardonnay Way and Fruitland Avenue at Capitola Avenue do not satisfy Warrant 3. Thus, Warrant 3 is not satisfied.

Criteria A of the multi-way stop warrant is satisfied when the installation of the multi-way stop is an interim measure that can be installed quickly to control traffic while arrangements are being made for the installation of a traffic control signal. Since the intersections of Fruitland Avenue at Chardonnay Way and Fruitland Avenue at Capitola Avenue do not meet Signal Warrants 1. 2 or 3, Criteria A of the multiway stop warrant is not satisfied.

Multi-Way STOP Warrant – Criteria B
To complete Condition B of the multi-way stop warrant, JLB reviewed collision data for the most recent three-year period (January 1, 2022, to December 31, 2024) of the Statewide Integrated Traffic Records System (SWITRS). It should be noted that “near misses” or unreported collisions cannot be utilized for Criteria B of the multi-way stop warrant. In the three-year period, a total of 1 collision was reported within the influence zone of the intersection of Capitola Avenue at Fruitland Avenue. This collision was an improper turn which is not deemed correctable by the installation of a multi-way stop. No collisions were reported within the influence zone of the intersection of Chardonnay Way at Fruitland Avenue.

Since there aren't five (5) or more collisions susceptible to correction for either of these intersections, Condition B of the multi-way stop warrant are not satisfied.

Criteria B is satisfied when five (5) or more reported collisions in a 12-month period are susceptible to correction by the installation of a multi-way stop. Since the number of collisions in a 12-month period that are susceptible to correction by the installation of a multi-way stop control totals zero (0), Criteria B of the multi-way stop warrant is not satisfied for the intersections of Fruitland Avenue at Chardonnay Way and Fruitland Avenue at Capitola Avenue. These warrants are found in Appendix B and collision information is found in Appendix C.

www.JLBtraffic.com
[email protected]
516 W. Shaw Ave., Ste. 103
Fresno, CA 93704 Page | 5
(559) 570-8991
Fruitland Multi-Way Stop Warrants
September 25, 2025
Multi-Way STOP Warrant – Criteria C
To complete Criteria C of the multi-way stop warrant, JLB compared the highest 8-hour volumes from the 24-hour volume counts for all legs of the intersection. For Criteria C to be met, a minimum of 300 trips (210 trips for rural roadways) on the major street (total of both approaches) and 200 trips (140 trips for rural roadways) on minor street (total of both approaches) are required for the same eight hours with an average delay to minor-street vehicular traffic of at least 30 seconds per vehicle during the highest hour. Based on the 85th percentile speed of Fruitland Avenue being less than 40 MPH, the applicable volume thresholds are that of the urban roadways which is 300 or more trips for the major street (Fruitland Avenue) and 200 or more trips for the minor street (Capitola Avenue and Chardonnay Way) for each of the same eight hours. Based on these volume thresholds, the volumes for both approaches on the major street nor the minor street do not meet these thresholds for the highest eight hours. Therefore, Criteria C of the multi-way stop warrant is not satisfied. This warrant is found in Appendix B.

Multi-Way STOP Warrant – Criteria D
Criteria D is utilized where no single criteria is satisfied, but where Criteria B and C of the multi-way stop warrant are all satisfied to 80 percent of the minimum values. In this case, Criteria B and C of the multiway stop warrant are not satisfied to 80 percent of the minimum values. Therefore, Criteria D of the multi-way stop warrant is not satisfied.

Conclusion and Recommendations
Based on the CA MUTCD multi-way stop warrants for the Existing traffic conditions; the following conclusion and recommendations are provided:
• Based on CA MUTCD procedures, the Multi-Way Stop warrant are not satisfied for the intersections of Fruitland Avenue at Chardonnay Way and Fruitland Avenue at Capitola Avenue. • As a result, it is recommended that the existing One-Way Stop controls remain in place.

Please feel welcome to contact me with any questions, comments or concerns regarding the information contained within this Traffic Signal Warrant Analysis. I can be reached by phone at (559) 570-8991 and by email at [email protected].

Sincerely,
Jose Luis Benavides, PE, TE
President
Z:\01 Projects\005 Atwater\005-007 Atwater 23 to 26 On Call\Task Order 1.1 Misc Traffic Engineering\Fruitland at Capitola and Chardeney AWSC\Letter\L2025.09.25 Fruitland Warrant Letter.docx

www.JLBtraffic.com
[email protected]
516 W. Shaw Ave., Ste. 103
Fresno, CA 93704 App | A
(559) 570-8991
Fruitland Multi-Way Stop Warrants
September 25, 2025
Appendix A: Traffic Counts

Metro Traffic Data Inc.
310 N. Irwin Street - Suite 20
Hanford, CA 93230 Prepared For:

JLB Traffic Engineering, Inc.
800-975-6938 Phone/Fax 516 W. Shaw Ave, Suite 103
www.metrotrafficdata.com Fresno, CA 93704

LOCATION LATITUDE

COUNTY LONGITUDE

COLLECTION DATE WEATHER
Time U-Turn Left Thru Right Trucks U-Turn Left Thru Right Trucks U-Turn Left Thru Right Trucks U-Turn Left Thru Right Trucks 7:00 AM - 7:15 AM 0 0 0 0 0 0 3 0 2 0 0 0 7 0 0 0 0 6 3 0 7:15 AM - 7:30 AM 0 0 0 0 0 0 7 0 4 0 0 1 9 0 0 0 0 10 0 0 7:30 AM - 7:45 AM 0 0 0 0 0 0 5 0 4 0 0 0 12 0 0 0 0 14 0 0 7:45 AM - 8:00 AM 0 0 0 0 0 0 2 0 3 0 0 3 8 0 0 0 0 14 0 0 8:00 AM - 8:15 AM 0 0 0 0 0 0 4 0 2 1 0 4 11 0 1 0 0 20 1 0 8:15 AM - 8:30 AM 0 0 0 0 0 0 2 0 3 0 0 2 12 0 0 0 0 17 1 0 8:30 AM - 8:45 AM 0 0 0 0 0 0 6 0 3 0 0 4 13 0 0 0 0 5 2 0 8:45 AM - 9:00 AM 0 0 0 0 0 0 2 0 3 0 0 0 9 0 0 0 0 5 4 0 TOTAL 0 0 0 0 0 0 31 0 24 1 0 14 81 0 1 0 0 91 11 0
Time U-Turn Left Thru Right Trucks U-Turn Left Thru Right Trucks U-Turn Left Thru Right Trucks U-Turn Left Thru Right Trucks 4:00 PM - 4:15 PM 0 0 0 0 0 0 1 0 3 0 0 5 11 0 0 0 0 13 1 0 4:15 PM - 4:30 PM 0 0 0 0 0 0 1 0 1 0 0 1 13 0 0 0 0 10 3 0 4:30 PM - 4:45 PM 0 0 0 0 0 0 2 0 3 0 0 0 8 0 0 0 0 10 5 0 4:45 PM - 5:00 PM 0 0 0 0 0 0 2 0 1 0 0 2 17 0 0 0 0 17 1 0 5:00 PM - 5:15 PM 0 0 0 0 0 0 2 0 0 0 0 4 14 0 1 0 0 6 4 0 5:15 PM - 5:30 PM 0 0 0 0 0 0 6 0 1 1 0 2 13 0 0 0 0 12 8 0 5:30 PM - 5:45 PM 0 0 0 0 0 0 2 0 0 0 0 4 12 0 0 0 0 14 2 0 5:45 PM - 6:00 PM 0 0 0 0 0 0 5 0 1 0 0 2 12 0 0 0 0 12 7 0 TOTAL 0 0 0 0 0 0 21 0 10 1 0 20 100 0 1 0 0 94 31 0
PEAK HOUR U-Turn Left Thru Right Trucks U-Turn Left Thru Right Trucks U-Turn Left Thru Right Trucks U-Turn Left Thru Right Trucks 7:30 AM - 8:30 AM 0 0 0 0 0 0 13 0 12 1 0 9 43 0 1 0 0 65 2 0 4:45 PM - 5:45 PM 0 0 0 0 0 0 12 0 2 1 0 12 56 0 1 0 0 49 15 0 PHF Trucks PHF
AM 0.857 1.4% PM 2 0 12 0 0.5
PM 0.869 1.4% AM 12 0 13 0 0.694
PHF 0.895 0.867
AM PM
0 0 2 15
12 9 65 49
56 43 0 0
0 0 0 0
PM AM
PHF

0.798 0.8 PHF
##### 0 0 0 0 AM
##### 0 0 0 0 PM
Southbound
Southbound Eastbound
Northbound Eastbound Westbound
Northbound Southbound Eastbound Westbound

Fruitland Ave
Northbound Westbound
Fruitland Ave
Chardonnay Way
Turning Movement Report
Fruitland Ave @ Chardonnay Way
Merced
Wednesday, August 27, 2025 Clear

37.3641
-120.6074

Metro Traffic Data Inc.
310 N. Irwin Street - Suite 20
Hanford, CA 93230 Prepared For:

JLB Traffic Engineering, Inc.
800-975-6938 Phone/Fax 516 W. Shaw Ave, Suite 103
www.metrotrafficdata.com Fresno, CA 93704

LOCATION LATITUDE

COUNTY LONGITUDE

COLLECTION DATE WEATHER
Time Left Thru Right Left Thru Right Left Thru Right Left Thru Right 7:00 AM - 7:15 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
7:15 AM - 7:30 AM 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0
7:30 AM - 7:45 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
7:45 AM - 8:00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
8:00 AM - 8:15 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0
8:15 AM - 8:30 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
8:30 AM - 8:45 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
8:45 AM - 9:00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
TOTAL 0 0 0 1 0 0 0 0 0 0 0 0 0 1 0 0
Time Left Thru Right Left Thru Right Left Thru Right Left Thru Right 4:00 PM - 4:15 PM 0 0 0 0 0 0 0 0 0 7 0 0 0 0 0 0
4:15 PM - 4:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
4:30 PM - 4:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
4:45 PM - 5:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
5:00 PM - 5:15 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
5:15 PM - 5:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
5:30 PM - 5:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
5:45 PM - 6:00 PM 0 0 0 1 0 0 0 0 0 0 0 0 0 5 0 0
TOTAL 0 0 0 1 0 0 0 0 0 7 0 0 0 5 0 0
PEAK HOUR Left Thru Right Left Thru Right Left Thru Right Left Thru Right 7:30 AM - 8:30 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0
4:45 PM - 5:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
Bikes Peds Peds <>
AM Peak Total 1 0 PM 0 0 0 0
PM Peak Total 0 0 AM 0 0 0 0 Peds <> 0 0
AM PM
0 0 0 0
0 0 1 0
0 0 0 0
PM AM
Peds <>
0 0 Peds <>
0 0 0 0 AM
0 0 0 0 PM
Turning Movement Report
Fruitland Ave @ Chardonnay Way 37.3641
Merced -120.6074
Wednesday, August 27, 2025 Clear
E.Leg
Peds
Westbound Bikes W.Leg
Peds
Northbound Bikes N.Leg
Peds
Southbound Bikes S.Leg
Peds
Eastbound Bikes E.Leg
Peds
S.Leg
Peds
Eastbound Bikes E.Leg
Peds
Westbound Bikes W.Leg
Peds
Northbound Bikes N.Leg
Peds
Southbound Bikes S.Leg
Peds
Eastbound Bikes
Westbound Bikes W.Leg
Peds
Chardonnay Way
Fruitland Ave Fruitland Ave

Northbound Bikes N.Leg
Peds
Southbound Bikes

Metro Traffic Data Inc.
310 N. Irwin Street - Suite 20
Hanford, CA 93230 Prepared For:

JLB Traffic Engineering, Inc.
800-975-6938 Phone/Fax 516 W. Shaw Ave, Suite 103
www.metrotrafficdata.com Fresno, CA 93704

LOCATION LATITUDE

COUNTY LONGITUDE

COLLECTION DATE WEATHER
Time U-Turn Left Thru Right Trucks U-Turn Left Thru Right Trucks U-Turn Left Thru Right Trucks U-Turn Left Thru Right Trucks 7:00 AM - 7:15 AM 0 3 0 2 0 0 0 0 0 0 0 0 15 1 0 0 3 7 0 0 7:15 AM - 7:30 AM 0 1 0 1 0 0 0 0 0 0 0 0 21 1 0 0 3 1 0 0 7:30 AM - 7:45 AM 0 0 0 1 0 0 0 0 0 0 0 0 15 6 0 0 3 11 0 0 7:45 AM - 8:00 AM 0 2 0 1 0 0 0 0 0 0 0 0 9 2 0 0 2 15 0 0 8:00 AM - 8:15 AM 0 0 0 2 0 0 0 0 0 0 0 0 15 2 0 0 2 19 0 0 8:15 AM - 8:30 AM 0 3 0 0 0 0 0 0 0 0 0 0 16 2 0 0 1 11 0 0 8:30 AM - 8:45 AM 0 1 0 0 0 0 0 0 0 0 0 0 15 2 0 0 3 8 0 0 8:45 AM - 9:00 AM 0 1 0 1 0 0 0 0 0 0 0 0 14 2 0 0 1 6 0 0 TOTAL 0 11 0 8 0 0 0 0 0 0 0 0 120 18 0 0 18 78 0 0
Time U-Turn Left Thru Right Trucks U-Turn Left Thru Right Trucks U-Turn Left Thru Right Trucks U-Turn Left Thru Right Trucks 4:00 PM - 4:15 PM 0 1 0 3 0 0 0 0 0 0 0 0 11 1 0 0 4 12 0 0 4:15 PM - 4:30 PM 0 1 0 1 0 0 0 0 0 0 0 0 9 2 0 0 1 13 0 0 4:30 PM - 4:45 PM 0 2 0 1 0 0 0 0 0 0 0 0 7 1 0 0 5 15 0 0 4:45 PM - 5:00 PM 0 4 0 1 0 0 0 0 0 0 0 0 10 4 0 0 6 17 0 0 5:00 PM - 5:15 PM 0 2 0 5 0 0 0 0 0 0 0 0 13 3 0 0 4 15 0 0 5:15 PM - 5:30 PM 0 5 0 2 0 0 0 0 0 0 0 0 9 3 1 0 1 20 0 0 5:30 PM - 5:45 PM 0 3 0 4 0 0 0 0 0 0 0 0 9 4 0 0 2 19 0 0 5:45 PM - 6:00 PM 0 4 0 5 0 0 0 0 0 0 0 0 15 3 0 0 3 16 0 0 TOTAL 0 22 0 22 0 0 0 0 0 0 0 0 83 21 1 0 26 127 0 0
PEAK HOUR U-Turn Left Thru Right Trucks U-Turn Left Thru Right Trucks U-Turn Left Thru Right Trucks U-Turn Left Thru Right Trucks 7:30 AM - 8:30 AM 0 5 0 4 0 0 0 0 0 0 0 0 55 12 0 0 8 56 0 0 5:00 PM - 6:00 PM 0 14 0 16 0 0 0 0 0 0 0 0 46 13 1 0 10 70 0 0 PHF Trucks PHF
AM 0.875 0.0% PM 0 0 0 0 #####
PM 0.918 0.6% AM 0 0 0 0 #####
PHF 0.819 0.798
AM PM
0 0 0 0
0 0 56 70
46 55 8 10
13 12 0 0
PM AM
PHF

0.762 0.952 PHF

0.75 0 5 0 4 AM

0.833 0 14 0 16 PM
Turning Movement Report
Fruitland Ave @ Capitola Ave
Merced
Wednesday, August 27, 2025 Clear

37.3641
-120.6006

Fruitland Ave
Northbound Westbound
Fruitland Ave
Capitola Ave
Southbound
Southbound Eastbound
Northbound Eastbound Westbound
Northbound Southbound Eastbound Westbound

Metro Traffic Data Inc.
310 N. Irwin Street - Suite 20
Hanford, CA 93230 Prepared For:

JLB Traffic Engineering, Inc.
800-975-6938 Phone/Fax 516 W. Shaw Ave, Suite 103
www.metrotrafficdata.com Fresno, CA 93704

LOCATION LATITUDE

COUNTY LONGITUDE

COLLECTION DATE WEATHER
Time Left Thru Right Left Thru Right Left Thru Right Left Thru Right 7:00 AM - 7:15 AM 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0
7:15 AM - 7:30 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
7:30 AM - 7:45 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
7:45 AM - 8:00 AM 0 0 0 0 0 0 0 2 0 0 0 0 0 0 0 0
8:00 AM - 8:15 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0
8:15 AM - 8:30 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0
8:30 AM - 8:45 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
8:45 AM - 9:00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
TOTAL 0 0 0 0 0 0 0 3 0 0 0 0 0 2 0 0
Time Left Thru Right Left Thru Right Left Thru Right Left Thru Right 4:00 PM - 4:15 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
4:15 PM - 4:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
4:30 PM - 4:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
4:45 PM - 5:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
5:00 PM - 5:15 PM 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0
5:15 PM - 5:30 PM 0 0 0 0 0 0 0 0 0 1 0 0 0 1 0 0
5:30 PM - 5:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
5:45 PM - 6:00 PM 0 0 0 0 0 0 0 0 0 2 0 0 0 0 0 0
TOTAL 0 0 0 0 0 0 0 0 0 4 0 0 0 1 0 0
PEAK HOUR Left Thru Right Left Thru Right Left Thru Right Left Thru Right 7:30 AM - 8:30 AM 0 0 0 0 0 0 0 2 0 0 0 0 0 2 0 0
5:00 PM - 6:00 PM 0 0 0 0 0 0 0 0 0 4 0 0 0 1 0 0
Bikes Peds Peds <>
AM Peak Total 2 2 PM 0 0 0 0
PM Peak Total 5 0 AM 0 0 0 0 Peds <> 0 0
AM PM
0 0 0 0
4 0 2 1
0 0 0 0
PM AM
Peds <>
0 0 Peds <>
2 0 0 0 AM
0 0 0 0 PM
Westbound Bikes W.Leg
Peds
Fruitland Ave Fruitland Ave
Capitola Ave Page 2 of 3
Northbound Bikes N.Leg
Peds
Southbound Bikes S.Leg
Peds
Eastbound Bikes E.Leg
Peds
Westbound Bikes W.Leg
Peds
Northbound Bikes N.Leg
Peds
Southbound Bikes S.Leg
Peds
Eastbound Bikes E.Leg
Peds
Westbound Bikes W.Leg
Peds
Northbound Bikes N.Leg
Peds
Southbound Bikes S.Leg
Peds
Eastbound Bikes E.Leg
Peds
Turning Movement Report
Fruitland Ave @ Capitola Ave 37.3641
Merced -120.6006
Wednesday, August 27, 2025 Clear