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)
CITY COUNCIL
AGENDA REPORT
MEETING
DATE:
November 10, 2025
TO: Mayor and City Council
FROM: Christopher Hoem, City Manager
PREPARED
BY:
Jim Vang, Civil Engineering Assistant
SUBJECT: Authorization to Record a Notice of Completion for the Downtown Pedestrian Improvements Project — Phase 2 (City Manager Hoem)
RECOMMENDED COUNCIL ACTION
Authorize and direct City Manager to sign a Notice of Completion once the project is complete and have it recorded on behalf of the City.
I. BACKGROUND/ANALYSIS:
At their regular meeting of April 14, 2025, the City Council awarded a contract to Agee Construction Corporation of Clovis, California for the Downtown Pedestrian Improvements Project — Phase 2. The project consists of constructing new curbs/gutters, sidewalks, curb ramps, replacement residential driveway approaches, and conform paving as required. Improvements are proposed along Grove Avenue, Fir Avenue, Elm Avenue, Drakeley Avenue, Cedar Avenue, Fourth Street, Third Street, Second Street, and First Street.
In the month of November there is only one City Council meeting. The project is anticipated to be completed on November 14, 2025. The next council meeting is not scheduled until 3 weeks later. Staff recommends recording the Notice of Completion (NOC) to establish the date of project completion and begin the 30 days window for parties to file a mechanics lien. The purpose of this process is to shorten the lien window. Without a NOC, parties would typically have 90 days from the completion date to file a lien.
II. FISCAL IMPACTS:
Sufficient funding to pay the retention is contained in the Project Retention liability accounts.
This item has been reviewed by the Finance Department.
III. LEGAL REVIEW:
This item was reviewed by the City Attorney’s office.
CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Brian Raymond
John Cale Kalisa Rochester
Agenda Report - Authorization to Record a Notice of Completion for the Downtown Pedestrian Improvements Project — Phase 2 (City Manager Hoem) Page 2
IV. EXISTING POLICY:
This item consists of goal number one (1) of the City's Strategic Plan to ensure the City's continued financial stability.
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.
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.
Caltrans issued a NEPA Determination of Categorical Exclusion under 23 CFR 771.117(c): activity (c)(3) on September 07,2023.
IX. STEPS FOLLOWING APPROVAL:
Upon City Council approval, the City Manager will execute the Notice of Completion once the project is complete and the City Clerk’s office will record the Notice.
Acceptance of the Contract begins with a 1-year guarantee period, during which staff monitors the completed improvements for any required corrective work. Contract bonds remain in place for 1 year or until the completion of any required corrective work.
Approved and submitted by:
Chris Hoem, City Manager
Attachments:
CITY COUNCIL
AGENDA REPORT
MEETING
DATE:
November 10, 2025
TO: Mayor and City Council
FROM: Christopher Hoem, City Manager
PREPARED
BY:
Scott Ruffalo, Assistant Planner
SUBJECT: Waive the First Reading, by Title only, and Introduce an Ordinance adopting Zoning Ordinance Text Amendment No. 25- 12-0100 amending Chapter 17.16 “Low Density Residential Districts” of the Atwater Municipal Code to adjust the setbacks for R-1-5 in Section 17.16.050 of this Chapter (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 1077 adopting Zoning Ordinance Text Amendment No. 25-12-0100 amending Chapter 17.16 “Low Density Residential Districts” of the Atwater Municipal Code to adjust the setbacks for R-1-5 in Section 17.16.050 of this chapter; or
Motion to approve staff's recommendation as presented.
I. BACKGROUND/ANALYSIS:
In part of staff's review of the Zoning Ordinance, staff found that there are changes that are needed for the code to conform with generally accepted development and up-todate development standards. Towards that end, amendments were presented to the Planning Commission on August 20, 2025. The Planning Commission approved the amendments as presented.
Specifically, the minimum front yard setback was inadvertently set at 10 feet instead of 20 feet and the minimum rear yard setback was set to 5 feet instead of 15 feet.
In preparation for this City Council item, staff determined that further modifications are warranted.
Specifically, the minimum side yard setback for corner lots abutting a front yard is
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 adopting Zoning Ordinance Text Amendment No. 25-12-0100 amending Chapter 17.16 “Low Density Residential Districts” of the Atwater Municipal Code to adjust the setbacks for R-1-5 in Section
17.16.050 of this Chapter (City Manager Hoem) Page 2
currently 10 feet, and staff proposes that it should be 15 feet (this is a slight modification to what was presented to Planning Commission of 20 feet). The minimum side yard setback for corner lots abutting a side yard is currently 2 feet, and staff proposes that it should be 10 feet (this is a slight modification from what was presented to Planning Commission of 5 feet).
The proposed ordinance is to update the setbacks to ensure that the zoning code standards applicable to the zone are appropriate for the underlying intended use and underlying General Plan designation.
ANALYSIS:
To make the City’s zoning consistent with its General Plan and standard development practices, staff seeks the City Council’s approval to amend the R-1-5 column in the table in Atwater Municipal Code section 17.16.050 to read as follows. The left-most column is included below for reference only:
R-1-5
Minimum Lot Area per dwelling unit (sq. ft.) 5,000
Minimum Lot Width (feet), Interior Lot 50
Minimum Lot Width (feet) Corner Lot 60
Minimum Lot Depth 100
Minimum Front yard Setback (exterior) 20
Minimum Rear yard Setback 15
Minimum Side yard Setback (interior) 5
Minimum Side yard Setback Corner Lot
abutting a front yard 15
abutting a side yard 10
Minimum Landscaped or open recreational area25 percent
II. FISCAL IMPACTS:
No negative fiscal impacts are anticipated with the approval of this project. This item has been reviewed by the Finance Department.
III. LEGAL REVIEW:
This item has been reviewed by the City Attorney.
IV. EXISTING POLICY:
The ordinance will amend Chapter 17.16: "Low Density Residential Districts," of the Atwater Municipal Code to adjust the setbacks for “R-1-5” in section 17.16.050 of this chapter.
The proposed ordinance does not conflict with any policies of the General Plan or other City policies or guidelines.
V. ALTERNATIVES:
Agenda Report - Waive the First Reading, by Title only, and Introduce an Ordinance adopting Zoning Ordinance Text Amendment No. 25-12-0100 amending Chapter 17.16 “Low Density Residential Districts” of the Atwater Municipal Code to adjust the setbacks for R-1-5 in Section
17.16.050 of this Chapter (City Manager Hoem) Page 3
N/A
VI. INTERDEPARTMENTAL COORDINATION:
An interdepartmental routing sheet was sent to all required departments and affected agencies for review, and their comments and conditions have been incorporated.
VII. PUBLIC PARTICIPATION:
The public will have an opportunity to speak 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. Draft Ordinance R-1-5, 11-10-2025
2. 0273-25 Resolution Signed
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. 24-23-0100
AMENDING CHAPTER 17.16: “LOW DENSITY
RESIDENTIAL DISTRICTS” OF THE ATWATER
MUNICIPAL CODE TO ADJUST THE SETBACKS
FOR “R-1-5” IN SECTION 17.16.050 OF THIS
CHAPTER.
WHEREAS, as part of the City’s ongoing review and maintenance of its Zoning Ordinance, staff has identified several amendments needed to bring the code into conformance with generally accepted development standards and up-to-date land use practices; and WHEREAS, on August 20, 2025, the Planning Commission considered proposed amendments to the Zoning Ordinance intended to correct certain inconsistencies and ensure that the development standards align with the City’s General Plan; and WHEREAS, the Planning Commission, following its review and deliberation, approved the amendments as presented by staff; and
WHEREAS, staff has since identified additional modifications to the setback requirements that are necessary to further update the applicable development standards; and WHEREAS, staff has determined that the minimum front yard setback should be 20 feet rather than 10 feet, and the minimum rear yard setback should be 15 feet rather than 5 feet; and
WHEREAS, staff has also determined that the minimum side yard setback for corner lots abutting a front yard should be 15 feet (a modification from the 20 feet presented to the Planning Commission), and that the minimum side yard setback for corner lots abutting a side yard should be 10 feet (a modification from the 5 feet presented to the Planning Commission); and
WHEREAS, in accordance with the General Plan Land Use Designation of “Low Density Residential (LDR)”, City staff submits Zoning Ordinance Text Amendment (ZOTA) 24-23-
City Council Ordinance No. XXXX Page 2
0100 for an amendment to Chapter 17.16: “Low Density Residential Districts” of the Atwater Municipal Code to adjust the setbacks for “R-1-5”; and, WHEREAS, the City Council finds that the following findings can be made for ZOTA No. 25- 12-0100:
1. The proposed ordinance will ensure that all residential subdivision development projects submitted to the planning department continue to undergo review for consistency with the City’s General Plan and the established development standards provided by the City of Atwater Municipal Code.
2. The proposed ordinance is consistent with the Atwater General Plan.
3. Adoption of the ordinance is exempt from CEQA review under CEQA guideline section 15061(b)(3).
4. The public hearing for this project has been adequately noticed and advertised.
5. 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.
SECTION 2. CEQA. this project is exempt under California Environmental Quality Act (CEQA) guideline section 15061(b)(3), “Review for Exemption”. This exemption states, the activity is covered by the commons sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. 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. This 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. The R-1-5 column of the table in Chapter 17.16.050 of the Atwater Municipal Code is hereby amended and restated to read in its entirety as provided below. The left-most column is included below for reference only:
City Council Ordinance No. XXXX Page 3
R-1-5
Minimum Lot Area per dwelling unit (sq. ft.) 5,000
Minimum Lot Width (feet), Interior Lot 50
Minimum Lot Width (feet) Corner Lot 60
Minimum Lot Depth 100
Minimum Front yard Setback (exterior) 20
Minimum Rear yard Setback 15
Minimum Side yard Setback (interior) 5
Minimum Side yard Setback Corner Lot
abutting a front yard 15
abutting a side yard 10
Minimum Landscaped or open recreational area 25 percent 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 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.
City Council Ordinance No. XXXX Page 4
INTRODUCED:
ADOPTED:
AYES:
NOES:
ABSENT:
APPROVED:
__________________________________
MICHAEL G. NELSON, MAYOR
ATTEST:
______________________________
KORY J. BILLINGS, CITY CLERK
CITY COUNCIL
AGENDA REPORT
MEETING
DATE:
November 10, 2025
TO: Mayor and City Council
FROM: Christopher Hoem, City Manager
PREPARED
BY:
Scott Ruffalo, Assistant Planner
SUBJECT: Waive the First Reading, by Title only, and Introduce an Ordinance adopting Zoning Ordinance Text Amendment No. 25- 13-0100 amending Chapter 17.12 "Administration and General Conditions" of the Atwater Municipal Code (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 1078 adopting Zoning Ordinance Text Amendment No. 25-13-0100 amending Chapter 17.12 "Administration and General Conditions" of the Atwater Municipal Code; or Motion to approve staff's recommendation as presented.
I. BACKGROUND/ANALYSIS:
The regulations for site plans were first adopted in 1975 and revised in 2023. While other nearby cities have modernized their corresponding regulations, the City of Atwater is in need of an update in this matter.
Currently, the Code has a six-month expiration for newly approved site plans. This Zoning Ordinance Text Amendment (ZOTA) proposes to amend the expiration to five years.
Many projects—particularly those involving larger-scale development or significant site improvements—require extended timeframes for financing, design development, environmental review, and construction staging. A six-month window is often unrealistic, especially in today's economic and regulatory environment. Extending the expiration period to five years provides a more practical timeline that reflects the realities of project delivery.
A longer validity period reduces the need for applicants to request extensions or reapply, which in turn reduces staff time spent on processing minor extensions for valid, ongoing projects. This change promotes administrative efficiency and reduces unnecessary costs for applicants, especially those navigating complex or phased developments.
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 adopting Zoning Ordinance Text Amendment No. 25-13-0100 amending Chapter 17.12 "Administration and General Conditions" of the Atwater Municipal Code (City Manager Hoem) Page 2
While the site plan would be valid for five years, staff retains authority to monitor compliance and enforce site plan approval conditions throughout that period. Furthermore, the City may still revoke a site plan approval if it is not in compliance, ensuring accountability without imposing rigid time constraints.
Economic fluctuations, construction delays, and supply chain disruptions have become increasingly common. Extending the expiration period provides applicants flexibility to adapt to market conditions without jeopardizing entitlements prematurely.
II. FISCAL IMPACTS:
No negative fiscal impacts are anticipated with the approval of this project. This item has been reviewed by the Finance Department.
III. LEGAL REVIEW:
This item has been reviewed by the City Attorney.
IV. EXISTING POLICY:
The ordinance will amend Chapter 17.12, “Administration and General Conditions,”.
The draft ordinance does not conflict with any policies of the General Plan or other City policies or guidelines.
V. ALTERNATIVES:
N/A
VI. INTERDEPARTMENTAL COORDINATION:
An interdepartmental routing sheet was sent to all required departments and affected agencies for review and their comments and conditions have been incorporated.
VII. PUBLIC PARTICIPATION:
The public will have an opportunity to speak 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:
Agenda Report - Waive the First Reading, by Title only, and Introduce an Ordinance adopting Zoning Ordinance Text Amendment No. 25-13-0100 amending Chapter 17.12 "Administration and General Conditions" of the Atwater Municipal Code (City Manager Hoem) Page 3
Chris Hoem, City Manager
Attachments:
1. 0274-25 Resolution Signed
2. RSO 0274-25 Draft Ordinance
3. RSO 0274-25 Exhibit A
4. RSO 0274-25 Exhibit B
5. RSO 0274-25 Exhibit C
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. 25-13-0100
AMENDING CHAPTER 17.12: “ADMINISTRATION
AND GENERAL CONDITIONS” OF THE
ATWATER MUNICIPAL CODE.
WHEREAS, the City of Atwater wishes to enact programs, policies, and regulations in support of housing and commercial development; and,
WHEREAS, the City of Atwater wishes to modernize its site plan ordinance; and, WHEREAS, Chapter 17.12 “Administration and General Conditions” of the City of Atwater Municipal Code was initially adopted, approximately 1975 and only partially revised in 2023; and,
WHEREAS, on August 20, 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 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- 13-0100:
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:
City Council Ordinance No. XXXX Page 2
SECTION 1. Incorporation. The recitals above are each incorporated by reference and adopted as findings by the City Council.
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 17.12: “Administration and General Conditions,” of the Atwater Municipal Code is hereby amended and restated to read in its entirety as provided in “Exhibit C,” 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.
INTRODUCED:
ADOPTED:
AYES:
NOES:
ABSENT:
City Council Ordinance No. XXXX Page 3
APPROVED:
_________________________________
MICHAEL G. NELSON,
MAYOR
ATTEST:
______________________________
KORY J. BILLINGS,
CITY CLERK
Exhibit A
Title 17 - ZONING
CHAPTER 17.12 ADMINISTRATION AND GENERAL CONDITIONS
Atwater, California, Code of Ordinances Created: 2024-07-10 14:49:31 [EST] (Supp. No. 10)
CHAPTER 17.12 ADMINISTRATION AND GENERAL CONDITIONS
17.12.010 Building permit - Required.
In order to develop the land to its best use as determined by the various zones established in Section 17.09.010, a building permit is required for any structure. (Prior Code § 10-3.601)
17.12.020 Building Permit – Checked by building inspector.
The building permit shall be checked by the building inspector and when necessary referred to the board of architectural review in order that all land use and construction shall conform to the general pattern established for that area, and shall not be of the type that would depreciate values by unsightly construction.
(Prior Code § 10-3.602)
17.12.030 Building permit – New dwelling units.
A. Building permits for new dwelling units shall only be issued for lots with curbs and gutters. If the lot has no curbs and gutters, the building permit will be based upon plans that include curbs and gutters.
B. If the City Engineer requests additional public improvements, the Community Development Director may consider requiring the additional public improvements beyond curbs and gutters. Final inspection shall not be made until the City Engineer has approved the installation of all required public improvements.
C. If the City Engineer finds that the street grade is such that required public improvements cannot be installed as part of the building permit procedure, a binding agreement running with the land is to be executed requiring public improvement installation at City-designated time.
D. This section is applicable to all lots that are not covered specifically by site plan and architectural control or current subdivision (including minor subdivision, lot splits, etc.) requirements.
(Prior Code § 10-3.602.1; Ord. CS 1059, § 1, 3-27-2023)
17.12.040 Appeal to decision of building inspector.
A. If the applicant is dissatisfied by the decision of the building inspector, he shall have the right to appeal to the Commission and a hearing shall be held thereon after which the
Created: 2024-07-10 14:49:31 [EST]
(Supp. No. 10)
Commission may order issuance of a building permit or it may withhold issuance of same if not satisfied that proposed plans are in the spirit of and in keeping with the provisions of this title.
B. The notice, if any, of the public hearing on the report of the Commission and the application for architectural control review shall be in the time, form, and manner directed by the Community Development Director, or designee. (Prior Code § 10-3.603; Ord. CS 1059, § 1, 3-27-2023)
17.12.050 Reserved.
Editor's note— Ord. CS 1059, § 1, adopted March 27, 2023, repealed § 17.12.050, which pertained to interpretation of no action—Appeal to Council and derived from prior Code § 10-
3.604.
17.12.60 Public or government structures require Planning Commission approval.
No public and/or governmental building, fountain, monument, wall, arch, or other structure shall be erected, placed on or upon, removed from, relocated or materially altered on or upon any public land or allowed to extend over or upon any street, avenue, square, park, recreation ground, or other public property unless plans for the same and the location thereof have first been submitted to the Planning Commission to ensure consistency with the City of Atwater's Policies, Codes, and guidelines.
(Prior Code § 10-3.605; Ord. CS 1059, § 1, 3-27-2023)
17.12.070 Setbacks and eaves.
Front, rear, and side yard setback lines shall be maintained in each land use district as required. Eaves or overhangs may project a maximum distance of two feet beyond the minimum front, rear, or side yard setback lines.
(Prior Code § 10-3.606)
17.12.080 Use prohibited except where permitted.
For the orderly and balanced development of the community, and in order to assure opportunities for continued prosperity through provision for orderly growth and expansion of the uses normal to each district and in order to reduce the ill effect and blight that usually accompanies mixed use in all cities, there are set forth in this chapter the uses permitted and the conditions to use in each land use district in the City. No use shall be permitted in residential, commercial, or industrial districts other than those uses for which the district is zoned.
(Prior Code § 10-3.607)
Created: 2024-07-10 14:49:31 [EST]
(Supp. No. 10)
17.12.090 Site plan and architectural control.
All applications for building permits for permitted and conditional uses, other than agricultural residential, residential estate, and single-family residential buildings and minor structures for the conduct of a business which is to be conducted primarily in the open air outside of a structure, applications for use permits, proposed structures and parking layouts, and the plans, site plans, elevations and landscaping plans shall constitute application for site plans and architectural control review. Unless otherwise referred to the Planning Commission for purposes of efficiency and consolidation of review with other approvals or entitlements, it shall be the duty of the Community Development Director, or designee, to approve applications for site plans and architectural control review to ensure all applications are consistent with the adopted Residential Design Guidelines or Commercial and Industrial Guidelines, as amended from time to time. Such approval shall expire six months from date of approval if operation or construction has not started, or if the use has been discontinued for six months or longer. A one-year extension may be considered for just cause.
(Prior Code § 10-3.608; Ord. CS 1059, § 1, 3-27-2023)
17.12.095 Appeal.
If the applicant is aggrieved by the Community Director's decision to deny the architectural plans and site plans, the applicant may appeal such decision in writing to the Planning Department within ten calendar days from the date of the action. The filing of an appeal shall stay all proceedings in furtherance of the action taken by the Planning Commission.
At the conclusion of the hearing, the Planning Commission shall render a decision on the appeal and may affirm, reverse, or modify the decision of the Community Development Director as it deems just and equitable on the premises. (Ord. CS 1059, § 1, 3-27-2023)
17.12.100 Uses, subject to chapter.
Subject to the provisions of this title, the uses set forth in Chapters 17.18 through 17.54, inclusive, and Chapter 17.63, are permitted and regulations relative to conditions to use are established within and with regard to various land use districts. (Prior Code § 10-3.609)
17.12.110 Minimum setback.
The minimum building or structure setback to be provided by any development to abut the following major streets within the City limits shall be 65 feet measured from the established
Created: 2024-07-10 14:49:31 [EST]
(Supp. No. 10)
or proposed centerline of the street. Affected streets: Bellevue Road, Winton Way, First Street, and Shaffer Road. Further, a minimum building or structure setback of 76.5 feet shall be maintained on the northerly side of Atwater Boulevard, said setback being measured from the recognized south property line of Atwater Boulevard as it appears on the effective date of the ordinance codified in this title.
(Prior Code § 10-3.610)
17.12.120 Vision clearance for corner lots.
In all zones which require a front yard, no obstruction to view in excess of three feet in height shall be placed on any corner or reversed corner lot within a triangular area formed by the street property line and a line connecting them at points 25 feet from the intersection of the street lines, except that street trees are permitted which are pruned at least eight feet above the established grade of the curb so as not to obstruct clear view by motor vehicle drivers.
(Prior Code § 10-3.611)
17.12.130 Public utilities.
The proposed routes of public utilities, including but not limited to poles, lines or other structures or facilities used or usable solely for the purpose of producing, transmitting and/or distributing electricity, signal, or communication services, public utility pipeline and electric or telephone transmission lines, state highways and railroads shall be subject to review and approval by both the Planning Commission and the City Council. (Prior Code § 10-3.612)
17.12.140 Temporary real estate office.
Subject to obtaining of a conditional use permit, one temporary real estate office or one or more temporary real estate billboards not to exceed a total of 100 square feet in area, or both such office and billboard may be located on any new subdivision; provided, that such office and billboard, if located in an R zone, shall be used only for the sale of property located in the subdivision in which such office and billboard are located, and shall be removed at the end of two years from the date of the recording of the map of the subdivision upon which the office and billboard are located.
(Prior Code § 10-3.613)
17.12.150 Temporary construction building.
Temporary structures for the housing of tools and equipment or containing supervisory offices in connection with major construction projects may be established and maintained
Created: 2024-07-10 14:49:31 [EST]
(Supp. No. 10)
during progress of such construction on such project; provided, that such temporary structure may not be maintained for a period exceeding one year.
(Prior Code § 10-3.614)
17.12.160 Parking and storage of mobile homes.
It is unlawful for any persons to place, keep or maintain or permit to be placed, kept or maintained, any mobile home, except a travel trailer, upon any lot, piece or parcel of land within the residential zones of the City, except in a mobile home park or in a residential zone wherein this is a permitted use. Any such unit located on property annexed to the City may be maintained as a non-conforming use.
(Ord. CS 484, 1981)
17.12.170 Parking and storage of trailer, travel trailer, camper and recreational vehicle.
It is unlawful for any person to place, keep or maintain, or permit to be placed, kept or maintained, a trailer, travel trailer, camp car, camper or recreational vehicle within the residential zones of the City, except in a mobile home park or travel trailer park with the following exceptions:
A. Such facilities may be placed, kept or maintained wholly within a structure lawfully existing on the premises; or
B. Such facilities may be placed within the rear or side yard setbacks.
C. Such facilities may be placed within the front yard, provided the vehicle does not overhang the sidewalk or extend into the City right-of-way or the corner lot clearance area as specified in Section 17.12.120.
D. Exemption: (1) Visitors who are not residents of the City of Atwater are exempt from the above for a period of 72 hours. (2) Any recreational vehicle mentioned in this section may be parked in the street for a period of 72 hours for loading, unloading, cleaning, or mowing the lawn.
E. All units would have to meet the requirements listed in corner lot vision clearance specified in Section 17.12.120.
F. Vans or pickups with camper shells which do not exceed an overall height of 84 inches, or pickups without camper shells are not considered to be recreational vehicles. (Ord. CS 749, 9-8-1997; Ord. CS 489, 1981)
Created: 2024-07-10 14:49:31 [EST]
(Supp. No. 10)
17.12.180 Mobile living units in nonresidential zones.
It is unlawful for any person to place, keep or maintain, or permit to be placed, kept or maintained, any mobile living unit upon any lot, piece or parcel of land within the nonresidential zones of the City other than in a mobile home park or trailer park except for storage, sale or business use, as permitted in such zone. (Prior Code § 10-3.615(c); Ord. CS 364, 1978)
17.12.190 Permitted locations of buses, motor trucks, trailers, semi-trailers and trucktractors.
It is unlawful for any person to place, keep or maintain, or to permit to be placed, kept or maintained, any bus, motor truck, trailer, semi trailer or truck tractor in the City of Atwater except for pickup or delivery service, or public agency or utility company vehicles while used on official business, or as part of the operation of a legally existing nonconforming use; provided, that in no case shall such bus, motor truck, trailer, semi trailer or truck tractor be parked at any location in the City of Atwater longer than required for such pickup or delivery service or official business, other than within the grounds of a legally existing nonconforming use located within the City of Atwater and of which operation the bus, motor truck, trailer, semi trailer or truck tractor is part. This section shall not apply to pickup trucks as defined in Section 17.06.630, travel trailers as defined in Section 17.06.625 nor does it apply to fifth-wheel travel trailers as defined in Section 17.06.258.
(Prior Code § 10-3.617; Ord. CS 755, 12-8-1997; Ord. CS 844, 9-13-2004)
17.12.195 Fines.
A. A first violation of Section 17.12.190 is punishable by a fine not to exceed $50.00.
B. A second violation within one year of the first violation is punishable by a fine not to exceed $100.00.
C. A third violation within one year of the first violation is punishable by a fine not to exceed $150.00.
(Ord. CS 755, 12-8-1997)
17.12.200 Large scale development plans – Submission to Planning Commission.
In any land use district or in areas newly annexed or proposed to be annexed to the City, plans for a large scale development may be submitted to the Planning Commission and City Council for their informal approval with regard to the overall development of such acreage. (Prior Code § 10-3.618; Ord. CS 408, 1979)
Created: 2024-07-10 14:49:31 [EST]
(Supp. No. 10)
17.12.210 Planning Commission to prescribe form and scope of petitions.
The Planning Commission shall, in its rules, prescribe the form and scope of all petitions and applications provided for in this title and of accompanying data to be furnished so as to assure the fullest practicable presentation of facts for proper consideration of the matter involved in each case and for a permanent record. Any petition for a variance, use permit, or amendment as provided for in this title shall include a verification by at least one of the petitioners, attested before a notary public or before the City Clerk. (Prior Code § 10-3.2601)
17.12.220 Enforcement.
A. All departments, officials and public employees of the City vested with the duty or authority to issue permits shall conform to the provisions of this title and shall issue no permit, certificate, or licenses for uses, buildings, or purposes in conflict with the provisions of this title; and any such permit, certificate, or license issued in conflict with the provisions of this title shall be null and void.
B. It shall be the duty of the building inspector to enforce the provisions of this title pertaining to the erection, construction, reconstruction, moving, conversion, alteration, or addition to any building or structure.
(Prior Code § 10-3.2701)
17.12.230 Public nuisance - Abatement.
Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this title, and any use of any land, building or premises established, conducted, operated, or maintained contrary to the provisions of this title, is unlawful and a public nuisance, and the City Attorney shall upon order of the Council immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law, and shall take over other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building or structure, and restrain and enjoin any person from setting up, erecting, building, maintaining, or using any such building or structure or using property contrary to the provisions of this title.
The remedies provided for herein shall be cumulative and exclusive. (Prior Code § 10-3.2702)
17.12.240 Reserved.
Editor's note— Ord. CS 938, § 1, adopted Jan. 28, 2013, repealed § 17.12.240, which pertained to fee exemptions and derived from prior Code § 10-3.2801.
Exhibit B
Title 17 - ZONING
CHAPTER 17.12 ADMINISTRATION AND GENERAL CONDITIONS
Atwater, California, Code of Ordinances Created: 2024-07-10 14:49:31 [EST] (Supp. No. 10)
CHAPTER 17.12 ADMINISTRATION AND GENERAL CONDITIONS
17.12.010 Building permit - Required.
In order to develop the land to its best use as determined by the various zones established in Section 17.09.010, a building permit is required for any structure. (Prior Code § 10-3.601)
17.12.020 Building Permit – Checked by building inspector.
The building permit shall be checked by the building inspector and when necessary referred to the board of architectural review in order that all land use and construction shall conform to the general pattern established for that area, and shall not be of the type that would depreciate values by unsightly construction.
(Prior Code § 10-3.602)
17.12.030 Building permit – New dwelling units.
A. Building permits for new dwelling units shall only be issued for lots with curbs and gutters. If the lot has no curbs and gutters, the building permit will be based upon plans that include curbs and gutters.
B. If the City Engineer requests additional public improvements, the Community Development Director may consider requiring the additional public improvements beyond curbs and gutters. Final inspection shall not be made until the City Engineer has approved the installation of all required public improvements.
C. If the City Engineer finds that the street grade is such that required public improvements cannot be installed as part of the building permit procedure, a binding agreement running with the land is to be executed requiring public improvement installation at City-designated time.
D. This section is applicable to all lots that are not covered specifically by site plan and architectural control or current subdivision (including minor subdivision, lot splits, etc.) requirements.
(Prior Code § 10-3.602.1; Ord. CS 1059, § 1, 3-27-2023)
17.12.040 Appeal to decision of building inspector.
A. If the applicant is dissatisfied by the decision of the building inspector, he shall have the right to appeal to the Commission and a hearing shall be held thereon after which the
Created: 2024-07-10 14:49:31 [EST]
(Supp. No. 10)
Commission may order issuance of a building permit or it may withhold issuance of same if not satisfied that proposed plans are in the spirit of and in keeping with the provisions of this title.
B. The notice, if any, of the public hearing on the report of the Commission and the application for architectural control review shall be in the time, form, and manner directed by the Community Development Director, or designee. (Prior Code § 10-3.603; Ord. CS 1059, § 1, 3-27-2023)
17.12.050 Reserved.
Editor's note— Ord. CS 1059, § 1, adopted March 27, 2023, repealed § 17.12.050, which pertained to interpretation of no action—Appeal to Council and derived from prior Code § 10-
3.604.
17.12.60 Public or government structures require Planning Commission approval.
No public and/or governmental building, fountain, monument, wall, arch, or other structure shall be erected, placed on or upon, removed from, relocated or materially altered on or upon any public land or allowed to extend over or upon any street, avenue, square, park, recreation ground, or other public property unless plans for the same and the location thereof have first been submitted to the Planning Commission to ensure consistency with the City of Atwater's Policies, Codes, and guidelines.
(Prior Code § 10-3.605; Ord. CS 1059, § 1, 3-27-2023)
17.12.070 Setbacks and eaves.
Front, rear, and side yard setback lines shall be maintained in each land use district as required. Eaves or overhangs may project a maximum distance of two feet beyond the minimum front, rear, or side yard setback lines.
(Prior Code § 10-3.606)
17.12.080 Use prohibited except where permitted.
For the orderly and balanced development of the community, and in order to assure opportunities for continued prosperity through provision for orderly growth and expansion of the uses normal to each district and in order to reduce the ill effect and blight that usually accompanies mixed use in all cities, there are set forth in this chapter the uses permitted and the conditions to use in each land use district in the City. No use shall be permitted in residential, commercial, or industrial districts other than those uses for which the district is zoned.
(Prior Code § 10-3.607)
Created: 2024-07-10 14:49:31 [EST]
(Supp. No. 10)
17.12.090 Site plan and architectural control.
All applications for building permits for permitted and conditional uses, other than agricultural residential, residential estate, and single-family residential buildings and minor structures for the conduct of a business which is to be conducted primarily in the open air outside of a structure, applications for use permits, proposed structures and parking layouts, and the plans, site plans, elevations and landscaping plans shall constitute application for site plans and architectural control review. Unless otherwise referred to the Planning Commission for purposes of efficiency and consolidation of review with other approvals or entitlements, it shall be the duty of the Community Development Director, or designee, to approve applications for site plans and architectural control review to ensure all applications are consistent with the adopted Residential Design Guidelines or Commercial and Industrial Guidelines, as amended from time to time. Such approval shall expire six months from date of approval if operation or construction has not started, or if the use has been discontinued for six months or longer. A one-year extension may be considered for just cause.
A. Time Limits. The site plan approval shall expire if not exercised within five years of approval. An approval shall be considered “exercised” when:
1. A building permit is issued, and construction has commenced; or,
2. A certificate of occupancy is issued; or,
3. A business license is issued; or,
4. The use is established.
B. Extension of Time. The Community Development Director may approve time extensions of up to two years, in the following manner:
1. The applicant shall submit to the Community Development Department a written request for an extension of time no later than ten days before the expiration of the approval.
2. The Community Development Director may extend the approval for an additional two-year period if the applicant has proceeded in good faith and has exercised due diligence in efforts to exercise the approval in a timely manner.
3. The burden of proof is on the applicant to demonstrate that the approval should be extended.
4. The Community Development Director may choose to refer any extension of time requests to the Planning Commission for review and final decision. (Prior Code § 10-3.608; Ord. CS 1059, § 1, 3-27-2023)
Created: 2024-07-10 14:49:31 [EST]
(Supp. No. 10)
17.12.095 Appeal.
If the applicant is aggrieved by the Community Development Director's decision to deny the architectural plans and site plans, the applicant may appeal such decision in writing to the Planning Department Commission within ten calendar days from the date of the action. The filing of an appeal shall stay all proceedings in furtherance of the action taken by the Planning Commission.
At the conclusion of the hearing, the Planning Commission shall render a decision on the appeal and may affirm, reverse, or modify the decision of the Community Development Director as it deems just and equitable on the premises. (Ord. CS 1059, § 1, 3-27-2023)
17.12.100 Uses, subject to chapter.
Subject to the provisions of this title, the uses set forth in Chapters 17.18 through 17.54, inclusive, and Chapter 17.63, are permitted and regulations relative to conditions to use are established within and with regard to various land use districts. (Prior Code § 10-3.609)
17.12.110 Minimum setback.
The minimum building or structure setback to be provided by any development to abut the following major streets within the City limits shall be 65 feet measured from the established or proposed centerline of the street. Affected streets: Bellevue Road, Winton Way, First Street, and Shaffer Road. Further, a minimum building or structure setback of 76.5 feet shall be maintained on the northerly side of Atwater Boulevard, said setback being measured from the recognized south property line of Atwater Boulevard as it appears on the effective date of the ordinance codified in this title.
(Prior Code § 10-3.610)
17.12.120 Vision clearance for corner lots.
In all zones which require a front yard, no obstruction to view in excess of three feet in height shall be placed on any corner or reversed corner lot within a triangular area formed by the street property line and a line connecting them at points 25 feet from the intersection of the street lines, except that street trees are permitted which are pruned at least eight feet above the established grade of the curb so as not to obstruct clear view by motor vehicle drivers.
Created: 2024-07-10 14:49:31 [EST]
(Supp. No. 10)
(Prior Code § 10-3.611)
17.12.130 Public utilities.
The proposed routes of public utilities, including but not limited to poles, lines or other structures or facilities used or usable solely for the purpose of producing, transmitting and/or distributing electricity, signal, or communication services, public utility pipeline and electric or telephone transmission lines, state highways and railroads shall be subject to review and approval by both the Planning Commission and the City Council. (Prior Code § 10-3.612)
17.12.140 Temporary real estate office.
Subject to obtaining of a conditional use permit, one temporary real estate office or one or more temporary real estate billboards not to exceed a total of 100 square feet in area, or both such office and billboard may be located on any new subdivision; provided, that such office and billboard, if located in an R zone, shall be used only for the sale of property located in the subdivision in which such office and billboard are located, and shall be removed at the end of two years from the date of the recording of the map of the subdivision upon which the office and billboard are located.
(Prior Code § 10-3.613)
17.12.150 Temporary construction building.
Temporary structures for the housing of tools and equipment or containing supervisory offices in connection with major construction projects may be established and maintained during progress of such construction on such project; provided, that such temporary structure may not be maintained for a period exceeding one year.
(Prior Code § 10-3.614)
17.12.160 Parking and storage of mobile homes.
It is unlawful for any persons to place, keep or maintain or permit to be placed, kept or maintained, any mobile home, except a travel trailer, upon any lot, piece or parcel of land within the residential zones of the City, except in a mobile home park or in a residential zone wherein this is a permitted use. Any such unit located on property annexed to the City may be maintained as a non-conforming use.
(Ord. CS 484, 1981)
Created: 2024-07-10 14:49:31 [EST]
(Supp. No. 10)
17.12.170 Parking and storage of trailer, travel trailer, camper and recreational vehicle.
It is unlawful for any person to place, keep or maintain, or permit to be placed, kept or maintained, a trailer, travel trailer, camp car, camper or recreational vehicle within the residential zones of the City, except in a mobile home park or travel trailer park with the following exceptions:
A. Such facilities may be placed, kept or maintained wholly within a structure lawfully existing on the premises; or
B. Such facilities may be placed within the rear or side yard setbacks.
C. Such facilities may be placed within the front yard, provided the vehicle does not overhang the sidewalk or extend into the City right-of-way or the corner lot clearance area as specified in Section 17.12.120.
D. Exemption: (1) Visitors who are not residents of the City of Atwater are exempt from the above for a period of 72 hours. (2) Any recreational vehicle mentioned in this section may be parked in the street for a period of 72 hours for loading, unloading, cleaning, or mowing the lawn.
E. All units would have to meet the requirements listed in corner lot vision clearance specified in Section 17.12.120.
F. Vans or pickups with camper shells which do not exceed an overall height of 84 inches, or pickups without camper shells are not considered to be recreational vehicles. (Ord. CS 749, 9-8-1997; Ord. CS 489, 1981)
17.12.180 Mobile living units in nonresidential zones.
It is unlawful for any person to place, keep or maintain, or permit to be placed, kept or maintained, any mobile living unit upon any lot, piece or parcel of land within the nonresidential zones of the City other than in a mobile home park or trailer park except for storage, sale or business use, as permitted in such zone. (Prior Code § 10-3.615(c); Ord. CS 364, 1978)
17.12.190 Permitted locations of buses, motor trucks, trailers, semi-trailers and trucktractors.
It is unlawful for any person to place, keep or maintain, or to permit to be placed, kept or maintained, any bus, motor truck, trailer, semi trailer or truck tractor in the City of Atwater except for pickup or delivery service, or public agency or utility company vehicles while used on official business, or as part of the operation of a legally existing nonconforming use; provided, that in no case shall such bus, motor truck, trailer, semi trailer or truck tractor be parked at any location in the City of Atwater longer than required for such pickup or delivery service or official
Created: 2024-07-10 14:49:31 [EST]
(Supp. No. 10)
business, other than within the grounds of a legally existing nonconforming use located within the City of Atwater and of which operation the bus, motor truck, trailer, semi trailer or truck tractor is part. This section shall not apply to pickup trucks as defined in Section 17.06.630, travel trailers as defined in Section 17.06.625 nor does it apply to fifth-wheel travel trailers as defined in Section 17.06.258.
(Prior Code § 10-3.617; Ord. CS 755, 12-8-1997; Ord. CS 844, 9-13-2004)
17.12.195 Fines.
A. A first violation of Section 17.12.190 is punishable by a fine not to exceed $50.00.
B. A second violation within one year of the first violation is punishable by a fine not to exceed $100.00.
C. A third violation within one year of the first violation is punishable by a fine not to exceed $150.00.
(Ord. CS 755, 12-8-1997)
17.12.200 Large scale development plans – Submission to Planning Commission.
In any land use district or in areas newly annexed or proposed to be annexed to the City, plans for a large scale development may be submitted to the Planning Commission and City Council for their informal approval with regard to the overall development of such acreage. (Prior Code § 10-3.618; Ord. CS 408, 1979)
17.12.210 Planning Commission to prescribe form and scope of petitions.
The Planning Commission shall, in its rules, prescribe the form and scope of all petitions and applications provided for in this title and of accompanying data to be furnished so as to assure the fullest practicable presentation of facts for proper consideration of the matter involved in each case and for a permanent record. Any petition for a variance, use permit, or amendment as provided for in this title shall include a verification by at least one of the petitioners, attested before a notary public or before the City Clerk. (Prior Code § 10-3.2601)
17.12.220 Enforcement.
A. All departments, officials and public employees of the City vested with the duty or authority to issue permits shall conform to the provisions of this title and shall issue no permit, certificate, or licenses for uses, buildings, or purposes in conflict with the provisions of this title; and any such permit, certificate, or license issued in conflict with the provisions of this title shall be null and void.
Created: 2024-07-10 14:49:31 [EST]
(Supp. No. 10)
B. It shall be the duty of the building inspector to enforce the provisions of this title pertaining to the erection, construction, reconstruction, moving, conversion, alteration, or addition to any building or structure.
(Prior Code § 10-3.2701)
17.12.230 Public nuisance - Abatement.
Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this title, and any use of any land, building or premises established, conducted, operated, or maintained contrary to the provisions of this title, is unlawful and a public nuisance, and the City Attorney shall upon order of the Council immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law, and shall take over other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building or structure, and restrain and enjoin any person from setting up, erecting, building, maintaining, or using any such building or structure or using property contrary to the provisions of this title.
The remedies provided for herein shall be cumulative and exclusive. (Prior Code § 10-3.2702)
17.12.240 Reserved.
Editor's note— Ord. CS 938, § 1, adopted Jan. 28, 2013, repealed § 17.12.240, which pertained to fee exemptions and derived from prior Code § 10-3.2801.
Exhibit C
Title 17 - ZONING
CHAPTER 17.12 ADMINISTRATION AND GENERAL CONDITIONS
Atwater, California, Code of Ordinances Created: 2024-07-10 14:49:31 [EST] (Supp. No. 10)
CHAPTER 17.12 ADMINISTRATION AND GENERAL CONDITIONS
17.12.010 Building permit - Required.
In order to develop the land to its best use as determined by the various zones established in Section 17.09.010, a building permit is required for any structure. (Prior Code § 10-3.601)
17.12.020 Building Permit – Checked by building inspector.
The building permit shall be checked by the building inspector and when necessary referred to the board of architectural review in order that all land use and construction shall conform to the general pattern established for that area, and shall not be of the type that would depreciate values by unsightly construction.
(Prior Code § 10-3.602)
17.12.030 Building permit – New dwelling units.
A. Building permits for new dwelling units shall only be issued for lots with curbs and gutters. If the lot has no curbs and gutters, the building permit will be based upon plans that include curbs and gutters.
B. If the City Engineer requests additional public improvements, the Community Development Director may consider requiring the additional public improvements beyond curbs and gutters. Final inspection shall not be made until the City Engineer has approved the installation of all required public improvements.
C. If the City Engineer finds that the street grade is such that required public improvements cannot be installed as part of the building permit procedure, a binding agreement running with the land is to be executed requiring public improvement installation at City-designated time.
D. This section is applicable to all lots that are not covered specifically by site plan and architectural control or current subdivision (including minor subdivision, lot splits, etc.) requirements.
(Prior Code § 10-3.602.1; Ord. CS 1059, § 1, 3-27-2023)
17.12.040 Appeal to decision of building inspector.
A. If the applicant is dissatisfied by the decision of the building inspector, he shall have the right to appeal to the Commission and a hearing shall be held thereon after which the
Created: 2024-07-10 14:49:31 [EST]
(Supp. No. 10)
Commission may order issuance of a building permit or it may withhold issuance of same if not satisfied that proposed plans are in the spirit of and in keeping with the provisions of this title.
B. The notice, if any, of the public hearing on the report of the Commission and the application for architectural control review shall be in the time, form, and manner directed by the Community Development Director, or designee. (Prior Code § 10-3.603; Ord. CS 1059, § 1, 3-27-2023)
17.12.050 Reserved.
Editor's note— Ord. CS 1059, § 1, adopted March 27, 2023, repealed § 17.12.050, which pertained to interpretation of no action—Appeal to Council and derived from prior Code § 10-
3.604.
17.12.60 Public or government structures require Planning Commission approval.
No public and/or governmental building, fountain, monument, wall, arch, or other structure shall be erected, placed on or upon, removed from, relocated or materially altered on or upon any public land or allowed to extend over or upon any street, avenue, square, park, recreation ground, or other public property unless plans for the same and the location thereof have first been submitted to the Planning Commission to ensure consistency with the City of Atwater's Policies, Codes, and guidelines.
(Prior Code § 10-3.605; Ord. CS 1059, § 1, 3-27-2023)
17.12.070 Setbacks and eaves.
Front, rear, and side yard setback lines shall be maintained in each land use district as required. Eaves or overhangs may project a maximum distance of two feet beyond the minimum front, rear, or side yard setback lines.
(Prior Code § 10-3.606)
17.12.080 Use prohibited except where permitted.
For the orderly and balanced development of the community, and in order to assure opportunities for continued prosperity through provision for orderly growth and expansion of the uses normal to each district and in order to reduce the ill effect and blight that usually accompanies mixed use in all cities, there are set forth in this chapter the uses permitted and the conditions to use in each land use district in the City. No use shall be permitted in residential, commercial, or industrial districts other than those uses for which the district is zoned.
(Prior Code § 10-3.607)
Created: 2024-07-10 14:49:31 [EST]
(Supp. No. 10)
17.12.090 Site plan and architectural control.
All applications for building permits for permitted and conditional uses, other than agricultural residential, residential estate, and single-family residential buildings and minor structures for the conduct of a business which is to be conducted primarily in the open air outside of a structure, applications for use permits, proposed structures and parking layouts, and the plans, site plans, elevations and landscaping plans shall constitute application for site plans and architectural control review. Unless otherwise referred to the Planning Commission for purposes of efficiency and consolidation of review with other approvals or entitlements, it shall be the duty of the Community Development Director, or designee, to approve applications for site plans and architectural control review to ensure all applications are consistent with the adopted Residential Design Guidelines or Commercial and Industrial Guidelines, as amended from time to time.
A. Time Limits. The site plan approval shall expire if not exercised within five years of approval. An approval shall be considered “exercised” when:
1. A building permit is issued, and construction has commenced; or,
2. A certificate of occupancy is issued; or,
3. A business license is issued; or,
4. The use is established.
B. Extension of Time. The Community Development Director may approve time extensions of up to two years, in the following manner:
1. The applicant shall submit to the Community Development Department a written request for an extension of time no later than ten days before the expiration of the approval.
2. The Community Development Director may extend the approval for an additional two-year period if the applicant has proceeded in good faith and has exercised due diligence in efforts to exercise the approval in a timely manner.
3. The burden of proof is on the applicant to demonstrate that the approval should be extended.
4. The Community Development Director may choose to refer any extension of time requests to the Planning Commission for review and final decision. (Prior Code § 10-3.608; Ord. CS 1059, § 1, 3-27-2023)
17.12.095 Appeal.
If the applicant is aggrieved by the Community Development Director's decision to deny the architectural plans and site plans, the applicant may appeal such decision in writing to the
Created: 2024-07-10 14:49:31 [EST]
(Supp. No. 10)
Planning Commission within ten calendar days from the date of the action. The filing of an appeal shall stay all proceedings in furtherance of the action taken by the Planning Commission.
At the conclusion of the hearing, the Planning Commission shall render a decision on the appeal and may affirm, reverse, or modify the decision of the Community Development Director as it deems just and equitable on the premises. (Ord. CS 1059, § 1, 3-27-2023)
17.12.100 Uses, subject to chapter.
Subject to the provisions of this title, the uses set forth in Chapters 17.18 through 17.54, inclusive, and Chapter 17.63, are permitted and regulations relative to conditions to use are established within and with regard to various land use districts. (Prior Code § 10-3.609)
17.12.110 Minimum setback.
The minimum building or structure setback to be provided by any development to abut the following major streets within the City limits shall be 65 feet measured from the established or proposed centerline of the street. Affected streets: Bellevue Road, Winton Way, First Street, and Shaffer Road. Further, a minimum building or structure setback of 76.5 feet shall be maintained on the northerly side of Atwater Boulevard, said setback being measured from the recognized south property line of Atwater Boulevard as it appears on the effective date of the ordinance codified in this title.
(Prior Code § 10-3.610)
17.12.120 Vision clearance for corner lots.
In all zones which require a front yard, no obstruction to view in excess of three feet in height shall be placed on any corner or reversed corner lot within a triangular area formed by the street property line and a line connecting them at points 25 feet from the intersection of the street lines, except that street trees are permitted which are pruned at least eight feet above the established grade of the curb so as not to obstruct clear view by motor vehicle drivers.
(Prior Code § 10-3.611)
17.12.130 Public utilities.
The proposed routes of public utilities, including but not limited to poles, lines or other structures or facilities used or usable solely for the purpose of producing, transmitting and/or
Created: 2024-07-10 14:49:31 [EST]
(Supp. No. 10)
distributing electricity, signal, or communication services, public utility pipeline and electric or telephone transmission lines, state highways and railroads shall be subject to review and approval by both the Planning Commission and the City Council. (Prior Code § 10-3.612)
17.12.140 Temporary real estate office.
Subject to obtaining of a conditional use permit, one temporary real estate office or one or more temporary real estate billboards not to exceed a total of 100 square feet in area, or both such office and billboard may be located on any new subdivision; provided, that such office and billboard, if located in an R zone, shall be used only for the sale of property located in the subdivision in which such office and billboard are located, and shall be removed at the end of two years from the date of the recording of the map of the subdivision upon which the office and billboard are located.
(Prior Code § 10-3.613)
17.12.150 Temporary construction building.
Temporary structures for the housing of tools and equipment or containing supervisory offices in connection with major construction projects may be established and maintained during progress of such construction on such project; provided, that such temporary structure may not be maintained for a period exceeding one year.
(Prior Code § 10-3.614)
17.12.160 Parking and storage of mobile homes.
It is unlawful for any persons to place, keep or maintain or permit to be placed, kept or maintained, any mobile home, except a travel trailer, upon any lot, piece or parcel of land within the residential zones of the City, except in a mobile home park or in a residential zone wherein this is a permitted use. Any such unit located on property annexed to the City may be maintained as a non-conforming use.
(Ord. CS 484, 1981)
17.12.170 Parking and storage of trailer, travel trailer, camper and recreational vehicle.
It is unlawful for any person to place, keep or maintain, or permit to be placed, kept or maintained, a trailer, travel trailer, camp car, camper or recreational vehicle within the residential zones of the City, except in a mobile home park or travel trailer park with the following exceptions:
Created: 2024-07-10 14:49:31 [EST]
(Supp. No. 10)
A. Such facilities may be placed, kept or maintained wholly within a structure lawfully existing on the premises; or
B. Such facilities may be placed within the rear or side yard setbacks.
C. Such facilities may be placed within the front yard, provided the vehicle does not overhang the sidewalk or extend into the City right-of-way or the corner lot clearance area as specified in Section 17.12.120.
D. Exemption: (1) Visitors who are not residents of the City of Atwater are exempt from the above for a period of 72 hours. (2) Any recreational vehicle mentioned in this section may be parked in the street for a period of 72 hours for loading, unloading, cleaning, or mowing the lawn.
E. All units would have to meet the requirements listed in corner lot vision clearance specified in Section 17.12.120.
F. Vans or pickups with camper shells which do not exceed an overall height of 84 inches, or pickups without camper shells are not considered to be recreational vehicles. (Ord. CS 749, 9-8-1997; Ord. CS 489, 1981)
17.12.180 Mobile living units in nonresidential zones.
It is unlawful for any person to place, keep or maintain, or permit to be placed, kept or maintained, any mobile living unit upon any lot, piece or parcel of land within the nonresidential zones of the City other than in a mobile home park or trailer park except for storage, sale or business use, as permitted in such zone. (Prior Code § 10-3.615(c); Ord. CS 364, 1978)
17.12.190 Permitted locations of buses, motor trucks, trailers, semi-trailers and trucktractors.
It is unlawful for any person to place, keep or maintain, or to permit to be placed, kept or maintained, any bus, motor truck, trailer, semi trailer or truck tractor in the City of Atwater except for pickup or delivery service, or public agency or utility company vehicles while used on official business, or as part of the operation of a legally existing nonconforming use; provided, that in no case shall such bus, motor truck, trailer, semi trailer or truck tractor be parked at any location in the City of Atwater longer than required for such pickup or delivery service or official business, other than within the grounds of a legally existing nonconforming use located within the City of Atwater and of which operation the bus, motor truck, trailer, semi trailer or truck tractor is part. This section shall not apply to pickup trucks as defined in Section 17.06.630, travel trailers as defined in Section 17.06.625 nor does it apply to fifth-wheel travel trailers as defined in Section 17.06.258.
Created: 2024-07-10 14:49:31 [EST]
(Supp. No. 10)
(Prior Code § 10-3.617; Ord. CS 755, 12-8-1997; Ord. CS 844, 9-13-2004)
17.12.195 Fines.
A. A first violation of Section 17.12.190 is punishable by a fine not to exceed $50.00.
B. A second violation within one year of the first violation is punishable by a fine not to exceed $100.00.
C. A third violation within one year of the first violation is punishable by a fine not to exceed $150.00.
(Ord. CS 755, 12-8-1997)
17.12.200 Large scale development plans – Submission to Planning Commission.
In any land use district or in areas newly annexed or proposed to be annexed to the City, plans for a large scale development may be submitted to the Planning Commission and City Council for their informal approval with regard to the overall development of such acreage. (Prior Code § 10-3.618; Ord. CS 408, 1979)
17.12.210 Planning Commission to prescribe form and scope of petitions.
The Planning Commission shall, in its rules, prescribe the form and scope of all petitions and applications provided for in this title and of accompanying data to be furnished so as to assure the fullest practicable presentation of facts for proper consideration of the matter involved in each case and for a permanent record. Any petition for a variance, use permit, or amendment as provided for in this title shall include a verification by at least one of the petitioners, attested before a notary public or before the City Clerk. (Prior Code § 10-3.2601)
17.12.220 Enforcement.
A. All departments, officials and public employees of the City vested with the duty or authority to issue permits shall conform to the provisions of this title and shall issue no permit, certificate, or licenses for uses, buildings, or purposes in conflict with the provisions of this title; and any such permit, certificate, or license issued in conflict with the provisions of this title shall be null and void.
B. It shall be the duty of the building inspector to enforce the provisions of this title pertaining to the erection, construction, reconstruction, moving, conversion, alteration, or addition to any building or structure.
(Prior Code § 10-3.2701)
Created: 2024-07-10 14:49:31 [EST]
(Supp. No. 10)
17.12.230 Public nuisance - Abatement.
Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this title, and any use of any land, building or premises established, conducted, operated, or maintained contrary to the provisions of this title, is unlawful and a public nuisance, and the City Attorney shall upon order of the Council immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law, and shall take over other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building or structure, and restrain and enjoin any person from setting up, erecting, building, maintaining, or using any such building or structure or using property contrary to the provisions of this title.
The remedies provided for herein shall be cumulative and exclusive. (Prior Code § 10-3.2702)
17.12.240 Reserved.
Editor's note— Ord. CS 938, § 1, adopted Jan. 28, 2013, repealed § 17.12.240, which pertained to fee exemptions and derived from prior Code § 10-3.2801.
CITY COUNCIL
AGENDA REPORT
MEETING
DATE:
November 10, 2025
TO: Mayor and City Council
FROM: Christopher Hoem, City Manager
PREPARED
BY:
Scott Ruffalo, Assistant Planner
SUBJECT: Waive the First Reading, by Title only, and Introduce an Ordinance Adopting Zoning Ordinance Text Amendment No. 25- 16-0100 amending Chapter 17.16 “Low Density Residential Districts” of the Atwater Municipal Code to Adjust the Setbacks for Accessory Structures (Carports) in Section 17.16.080 of this Chapter (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 1079 Adopting Zoning Ordinance Text Amendment No. 25-16-0100 amending Chapter 17.16 “Low Density Residential Districts” of the Atwater Municipal Code to Adjust the Setbacks for Accessory Structures (Carports) in Section 17.16.080 of this Chapter; or Motion to approve staff's recommendation as presented.
I. BACKGROUND/ANALYSIS:
1. BACKGROUND:
The regulations for accessory buildings/structures were first adopted in 1983 and partially revised in 2024. While other nearby cities have modernized their corresponding regulations, the City of Atwater needs an update in this matter. Currently, the Atwater Municipal Code (AMC) Section 17.16.080(F) states that “detached accessory buildings…shall not encroach on any exterior yard setback…” This Zoning Ordinance Text Amendment (ZOTA) would amend the code to allow carports located on a paved driveway to abut the front property line.
2. ANALYSIS:
The city has received several inquiries regarding the location of carports. Currently, carports cannot be placed within the front yard setback area, which is typically within 20 feet of the front property line. This amendment allows property owners to locate their carports against the front property line, which will typically allow the carport to be next to the sidewalk. If the carport is attached to the main
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 Adopting Zoning Ordinance Text Amendment No. 25-16-0100 amending Chapter 17.16 “Low Density Residential Districts” of the Atwater Municipal Code to Adjust the Setbacks for Accessory Structures (Carports) in Section 17.16.080 of this Chapter (City Manager Hoem) Page 2
building or home, then the carport is not considered part of the main building for the purposes of main building setback requirements. If the carport is detached from the main building, then the carport must be located at least five feet away from the main building for fire safety purposes.
This change promotes administrative efficiency and reduces unnecessary costs for applicants.
II. FISCAL IMPACTS:
No negative fiscal impacts are anticipated with the approval of this project.
III. LEGAL REVIEW:
This item has been reviewed by the City Attorney’s Office.
IV. EXISTING POLICY:
The ordinance will amend Section 17.16.080 of the AMC. The draft ordinance does not conflict with any policies of the General Plan or other City policies or guidelines.
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 speak 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
Agenda Report - Waive the First Reading, by Title only, and Introduce an Ordinance Adopting Zoning Ordinance Text Amendment No. 25-16-0100 amending Chapter 17.16 “Low Density Residential Districts” of the Atwater Municipal Code to Adjust the Setbacks for Accessory Structures (Carports) in Section 17.16.080 of this Chapter (City Manager Hoem) Page 3
Attachments:
1. 0275-25 Resolution Signed
2. RSO 0275-25 Draft Ordinance
3. RSO 0275-25 Exhibit A (Proposed Ordinance of Ch. 17.16)
4. RSO 0275-25 Exhibit B (Redlined Version of Ch. 17.16)
5. RSO 0275-25 Exhibit C (Current Ordinance for Ch. 17.16)
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. 25-16-0100
AMENDING CHAPTER 17.16 “LOW DENSITY
RESIDENTIAL DISTRICTS” OF THE ATWATER
MUNICIPAL CODE TO ADJUST THE SETBACKS
FOR CARPORTS IN SECTION 17.16.080 OF THIS
CHAPTER.
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- 16-0100:
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.
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
City Council Ordinance No. XXXX Page 2
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. Section 17.16.080 of the Atwater Municipal Code is hereby amended and restated to read in its entirety as provided in “Exhibit A,” 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 17.16 LOW DENSITY RESIDENTIAL DISTRICTS
Atwater, California, Code of Ordinances Created: 2025-10-01 08:18:35 [EST] (Supp. No. 11)
CHAPTER 17.16 LOW DENSITY RESIDENTIAL DISTRICTS
17.16.010 Purpose.
To protect the value and charm of the existing residential areas, and to promote health, safety, comfort, convenience, and the general welfare, the following single-family residential districts are established by this chapter:
R-E Residential Estate
R-1-10, R-1-8, R-1-6, and R-1-5.
(Ord. CS 529, 1983; Ord. CS 559, 1984; Ord. CS 1069, § 4(Exh. A), 11-12-2024)
17.16.020 Principal permitted uses.
A. One single-family dwelling per lot.
B. Supportive housing as defined in Section 17.06.613.
C. Transitional housing as defined in Section 17.06.627. (Ord. CS 529, 1983; Ord. CS 559, 1984; Ord. CS 1014, § 3, 9-23-2019; Ord. CS 1069, § 4(Exh. A), 11-12-2024)
17.16.030 Accessory uses.
Accessory buildings and uses customarily appurtenant to a single-family residence, such as:
A. Garages, carports, off-street parking areas;
B. Private swimming pools;
C. Sheds for tools and garden equipment (see Section 17.16.080); D. Parabolic antennas;
E. Living quarters for relatives, friends, or persons regularly employed on the premises, but not rented or otherwise conducted as a business, provided that no kitchen facilities are installed; F. Community care facilities;
G. Occupations conducted away from home, when the residence is used only as business address. (See definitions: Home Occupation.)
(Ord. CS 529, 1983; Ord. CS 559, 1984; Ord. CS 1069, § 4(Exh. A), 11-12-2024)
17.16.040 Conditional uses requiring a permit.
A. Public and quasi-public buildings and uses of recreational, educational, religious, cultural, or public service types; not including corporation yards, storage, repair yards, warehouses and similar uses; B. Home occupations;
Created: 2025-10-01 08:18:35 [EST]
(Supp. No. 11)
C. A second unit with kitchen and bath facilities, if in compliance with Chapter 17.28.
D. Detached accessory structures greater than 500 square feet in size but cover less than 60 percent of the lot upon which it is constructed.
(Ord. CS 529, 1983; Ord. CS 559, 1984; Ord. CS 804, 8-12-2002; Ord. CS 1069, § 4(Exh. A), 11-12-2024)
17.16.045 Prohibited uses.
The maintenance of kennels, and storage for any commercial purpose shall be prohibited. (Ord. CS 559, 1984; Ord. CS 529, 1983; Ord. CS 1069, § 4(Exh. A), 11-12-2024)
17.16.050 Lot area, dimension, setbacks, density, and coverage.
The following minimum requirements shall be observed, except where increased for conditional uses, or by the Planning Commission or City Council to mitigate environmental impact.
R-E R-1-10 R-1-8 R-1-6 R-1-5
Minimum Lot Area per dwelling unit (sq.
ft.)
16,000 10,000 8,000 6,000 5,000
Minimum Lot Width (feet), Interior Lot 110 100 80 60 50 Minimum Lot Width (feet) Corner Lot 110 100 80 70 60
Minimum Lot Depth 130 100 100 100 100
Minimum 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)
17.16.055 Exceptions to setback requirements.
Setback requirements along major arterials shall supersede the requirements of this chapter.
A. To offset the monotonous building setbacks, a property owner may choose to reduce the front yard setback by up to three feet, but shall be required to have the same number of feet added to the regular rear yard by the same number of feet.
If a property owner chooses to give an additional three feet or less in addition to the required front yard setback, he may reduce the rear yard by the same number feet.
Created: 2025-10-01 08:18:35 [EST]
(Supp. No. 11)
B. Side yard for boat and RV parking. If the property owner adds an extra five feet to a five foot side yard requirement, in order to park vehicles behind the front yard setback, he may encroach by five feet into the rear yard setback.
C. Single family residential setbacks for lots that front on a cul-de-sac bulb and have an average lot depth of less than 100 feet may encroach by up to five feet into the required front yard setback provided the garage be no closer than 20 feet to the property line.
D. Attached unenclosed patio covers may encroach by ten feet into the required rear yard setback. (Ord. CS 529, 1983; Ord. CS 559, 1984; Ord. CS 595, 1985; Ord. CS 905, § 1, 5-26-2009; Ord. CS 1069, § 4(Exh. A), 11-12-2024)
17.16.060 Height of structures.
No building constructed in this zone shall exceed a height of 35 feet unless the following has occurred:
1. The Fire Marshal and Chief Building Official, or designees, have both approved the site plans, improvement plans, and/or other required submittals for the project; and
2. The Planning Commission makes all of the following findings:
A. The applicant has adequately demonstrated a need for the project to exceed 35 feet in building height that is related to the project's benefit to the community, or due to site constraints, or in order to achieve desired architectural qualities;
B. The project will be exemplary in its design;
C. The project design will complement and be compatible with the setting and the character of the neighboring properties with sensitivity to any adjacent federal, state, and City or other historic landmarks;
D. The project's proximity to railroads, airports, major freeways or highways, or other transportation hubs, stations, or centers will not interfere, impede, or otherwise disturb such transit services;
E. The project is consistent and compatible with the City's General Plan, Zoning Code, and other adopted specific plans and/or master plans;
F. Intended use of the project will enhance or promote the standard of living for City residents, and/or the local economy;
G. The project's proposed height would not adversely affect visual blockage of light, air, or cause intrusion of privacy to adjacent and surrounding properties; H. The project is not detrimental to the health, safety, peace, comfort, and general welfare of persons or property in the neighborhood and surrounding environs, including without limitation, it will not affect emergency response times or services, nor seismic and/or structural integrity; and
I. The project's proposed building height does not impede pedestrian or vehicular accessibility along any public or private pathways, sidewalks, driveways or roadways, visually impede any safe use of the same, or otherwise present a hazard to pedestrian or vehicular use of the same.
Additional conditions of approval may be imposed by the Planning Commission relative to the project as it relates to this section.
(Ord. CS 529, 1983; Ord. CS 559, 1984; Ord. CS 1056, § 1, 1-23-2023; Ord. CS 1069, § 1(Exh. A), 11-12-2024)
Created: 2025-10-01 08:18:35 [EST]
(Supp. No. 11)
17.16.065 Fences.
Fences constructed from wood may not exceed seven feet in height on the interior property lines, but may not exceed three feet in height in exterior setbacks or within the clear-zone. A chainlink fence without slats or similar type, which does not block the view, may be four feet high within exterior setbacks. On all corner lots, exterior side yard fence constructed from wood may be seven feet in height, set back ten feet from the property line.
(Ord. CS 529, 1983; Ord. CS 559, 1984; Ord. CS 905, § 1, 5-26-2009; Ord. CS 1069, § 4(Exh. A), 11-12-2024)
17.16.070 Exterior yards or setbacks.
An exterior yard or setback shall be identified as follows: All yards adjacent to a public right-of- way shall be exterior yards.
(Ord. CS 529, 1983; Ord. CS 559, 1984; Ord. CS 1069, § 3(Exh. A), 11-12-2024)
17.16.080 Other required conditions.
A. Off-street parking as required elsewhere in this title.
B. Clear zone: On corner lots, the maximum height within 25 feet of that point of the lot nearest to the street intersection may not exceed three feet, and provided further, that no fence, hedge, wall or other natural or structural object shall in any way impair visibility at intersections in such a manner as to endanger life, health, or property.
C. Landscaping shall not obscure ingress or egress of neighboring properties so as to endanger health and safety.
D. Distance between main buildings shall be a minimum of ten feet, unless fire or building code require a larger distance.
E. Zero lot line may be established in Planned Development zones and in new development in compliance with Article 16, Subdivision Ordinance of the Atwater Municipal Code.
F. Detached accessory buildings shall not exceed a height of 16 feet to the highest point of the roof, and shall not encroach on any exterior yard setback, and may not be placed within five feet of the interior rear or side property line.
G. Accessory buildings on through lots shall have not less than 20 feet to the rear property line.
H. An accessory building or structure, which contains less than 120 square feet of projected roof area and is less than eight feet in overall height is exempt from the provisions of this chapter, provided that no such structure shall encroach on any exterior yard or easement, and that only one exempt structure is permitted per residential lot.
I. Accessory structures shall not exceed 500 square feet in size or cause greater than 60 percent lot coverage (for accessory structures exceeding 500 square feet in size see Section 17.16.040).
J. Reserved.
K. Distance between main buildings and detached accessory buildings/structures shall be a minimum of five feet unless fire or building codes require a larger distance.
L. The front yard setback for carports that are located on a paved driveway shall be zero feet.
Created: 2025-10-01 08:18:35 [EST]
(Supp. No. 11)
(Ord. CS 529, 1983; Ord. CS 559, 1984; Ord. CS 804, 8-12-2002; Ord. CS 905, § 1, 5-26-2009; Ord. CS 1069, § 4(Exh.
A), 11-12-2024, Ord. CS XXX, 11-10-2025)
17.16.090 Reserved.
Ord. CS 1059, § 1, adopted March 27, 2023, repealed § 17.16.090, which pertained to site plan and design review.
Exhibit B
Title 17 - ZONING
CHAPTER 17.16 LOW DENSITY RESIDENTIAL DISTRICTS
Atwater, California, Code of Ordinances Created: 2025-10-01 08:18:35 [EST] (Supp. No. 11)
CHAPTER 17.16 LOW DENSITY RESIDENTIAL DISTRICTS
17.16.010 Purpose.
To protect the value and charm of the existing residential areas, and to promote health, safety, comfort, convenience, and the general welfare, the following single-family residential districts are established by this chapter:
R-E Residential Estate
R-1-10, R-1-8, R-1-6, and R-1-5.
(Ord. CS 529, 1983; Ord. CS 559, 1984; Ord. CS 1069, § 4(Exh. A), 11-12-2024)
17.16.020 Principal permitted uses.
A. One single-family dwelling per lot.
B. Supportive housing as defined in Section 17.06.613.
C. Transitional housing as defined in Section 17.06.627. (Ord. CS 529, 1983; Ord. CS 559, 1984; Ord. CS 1014, § 3, 9-23-2019; Ord. CS 1069, § 4(Exh. A), 11-12-2024)
17.16.030 Accessory uses.
Accessory buildings and uses customarily appurtenant to a single-family residence, such as:
A. Garages, carports, off-street parking areas;
B. Private swimming pools;
C. Sheds for tools and garden equipment (see Section 17.16.080); D. Parabolic antennas;
E. Living quarters for relatives, friends, or persons regularly employed on the premises, but not rented or otherwise conducted as a business, provided that no kitchen facilities are installed; F. Community care facilities;
G. Occupations conducted away from home, when the residence is used only as business address. (See definitions: Home Occupation.)
(Ord. CS 529, 1983; Ord. CS 559, 1984; Ord. CS 1069, § 4(Exh. A), 11-12-2024)
17.16.040 Conditional uses requiring a permit.
A. Public and quasi-public buildings and uses of recreational, educational, religious, cultural, or public service types; not including corporation yards, storage, repair yards, warehouses and similar uses; B. Home occupations;
Created: 2025-10-01 08:18:35 [EST]
(Supp. No. 11)
C. A second unit with kitchen and bath facilities, if in compliance with Chapter 17.28.
D. Detached accessory structures greater than 500 square feet in size but cover less than 60 percent of the lot upon which it is constructed.
(Ord. CS 529, 1983; Ord. CS 559, 1984; Ord. CS 804, 8-12-2002; Ord. CS 1069, § 4(Exh. A), 11-12-2024)
17.16.045 Prohibited uses.
The maintenance of kennels, and storage for any commercial purpose shall be prohibited. (Ord. CS 559, 1984; Ord. CS 529, 1983; Ord. CS 1069, § 4(Exh. A), 11-12-2024)
17.16.050 Lot area, dimension, setbacks, density, and coverage.
The following minimum requirements shall be observed, except where increased for conditional uses, or by the Planning Commission or City Council to mitigate environmental impact.
R-E R-1-10 R-1-8 R-1-6 R-1-5
Minimum Lot Area per dwelling unit (sq.
ft.)
16,000 10,000 8,000 6,000 5,000
Minimum Lot Width (feet), Interior Lot 110 100 80 60 50 Minimum Lot Width (feet) Corner Lot 110 100 80 70 60
Minimum Lot Depth 130 100 100 100 100
Minimum 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)
17.16.055 Exceptions to setback requirements.
Setback requirements along major arterials shall supersede the requirements of this chapter.
A. To offset the monotonous building setbacks, a property owner may choose to reduce the front yard setback by up to three feet, but shall be required to have the same number of feet added to the regular rear yard by the same number of feet.
If a property owner chooses to give an additional three feet or less in addition to the required front yard setback, he may reduce the rear yard by the same number feet.
Created: 2025-10-01 08:18:35 [EST]
(Supp. No. 11)
B. Side yard for boat and RV parking. If the property owner adds an extra five feet to a five foot side yard requirement, in order to park vehicles behind the front yard setback, he may encroach by five feet into the rear yard setback.
C. Single family residential setbacks for lots that front on a cul-de-sac bulb and have an average lot depth of less than 100 feet may encroach by up to five feet into the required front yard setback provided the garage be no closer than 20 feet to the property line.
D. Attached unenclosed patio covers may encroach by ten feet into the required rear yard setback. (Ord. CS 529, 1983; Ord. CS 559, 1984; Ord. CS 595, 1985; Ord. CS 905, § 1, 5-26-2009; Ord. CS 1069, § 4(Exh. A), 11-12-2024)
17.16.060 Height of structures.
No building constructed in this zone shall exceed a height of 35 feet unless the following has occurred:
1. The Fire Marshal and Chief Building Official, or designees, have both approved the site plans, improvement plans, and/or other required submittals for the project; and
2. The Planning Commission makes all of the following findings:
A. The applicant has adequately demonstrated a need for the project to exceed 35 feet in building height that is related to the project's benefit to the community, or due to site constraints, or in order to achieve desired architectural qualities;
B. The project will be exemplary in its design;
C. The project design will complement and be compatible with the setting and the character of the neighboring properties with sensitivity to any adjacent federal, state, and City or other historic landmarks;
D. The project's proximity to railroads, airports, major freeways or highways, or other transportation hubs, stations, or centers will not interfere, impede, or otherwise disturb such transit services;
E. The project is consistent and compatible with the City's General Plan, Zoning Code, and other adopted specific plans and/or master plans;
F. Intended use of the project will enhance or promote the standard of living for City residents, and/or the local economy;
G. The project's proposed height would not adversely affect visual blockage of light, air, or cause intrusion of privacy to adjacent and surrounding properties; H. The project is not detrimental to the health, safety, peace, comfort, and general welfare of persons or property in the neighborhood and surrounding environs, including without limitation, it will not affect emergency response times or services, nor seismic and/or structural integrity; and
I. The project's proposed building height does not impede pedestrian or vehicular accessibility along any public or private pathways, sidewalks, driveways or roadways, visually impede any safe use of the same, or otherwise present a hazard to pedestrian or vehicular use of the same.
Additional conditions of approval may be imposed by the Planning Commission relative to the project as it relates to this section.
(Ord. CS 529, 1983; Ord. CS 559, 1984; Ord. CS 1056, § 1, 1-23-2023; Ord. CS 1069, § 1(Exh. A), 11-12-2024)
Created: 2025-10-01 08:18:35 [EST]
(Supp. No. 11)
17.16.065 Fences.
Fences constructed from wood may not exceed seven feet in height on the interior property lines, but may not exceed three feet in height in exterior setbacks or within the clear-zone. A chainlink fence without slats or similar type, which does not block the view, may be four feet high within exterior setbacks. On all corner lots, exterior side yard fence constructed from wood may be seven feet in height, set back ten feet from the property line.
(Ord. CS 529, 1983; Ord. CS 559, 1984; Ord. CS 905, § 1, 5-26-2009; Ord. CS 1069, § 4(Exh. A), 11-12-2024)
17.16.070 Exterior yards or setbacks.
An exterior yard or setback shall be identified as follows: All yards adjacent to a public right-of- way shall be exterior yards.
(Ord. CS 529, 1983; Ord. CS 559, 1984; Ord. CS 1069, § 3(Exh. A), 11-12-2024)
17.16.080 Other required conditions.
A. Off-street parking as required elsewhere in this title.
B. Clear zone: On corner lots, the maximum height within 25 feet of that point of the lot nearest to the street intersection may not exceed three feet, and provided further, that no fence, hedge, wall or other natural or structural object shall in any way impair visibility at intersections in such a manner as to endanger life, health, or property.
C. Landscaping shall not obscure ingress or egress of neighboring properties so as to endanger health and safety.
D. Distance between main buildings shall be a minimum of ten feet, unless fire or building code require a larger distance.
E. Zero lot line may be established in Planned Development zones and in new development in compliance with Article 16, Subdivision Ordinance of the Atwater Municipal Code.
F. Detached accessory buildings shall not exceed a height of 16 feet to the highest point of the roof, and shall not encroach on any exterior yard setback, and may not be placed within five feet of the interior rear or side property line.
G. Accessory buildings on through lots shall have not less than 20 feet to the rear property line.
H. An accessory building or structure, which contains less than 120 square feet of projected roof area and is less than eight feet in overall height is exempt from the provisions of this chapter, provided that no such structure shall encroach on any exterior yard or easement, and that only one exempt structure is permitted per residential lot.
I. Accessory structures shall not exceed 500 square feet in size or cause greater than 60 percent lot coverage (for accessory structures exceeding 500 square feet in size see Section 17.16.040).
J. Reserved.
K. Distance between main buildings and detached accessory buildings/structures shall be a minimum of five feet unless fire or building codes require a larger distance.
L. The front yard setback for carports that are located on a paved driveway shall be zero feet.
Created: 2025-10-01 08:18:35 [EST]
(Supp. No. 11)
(Ord. CS 529, 1983; Ord. CS 559, 1984; Ord. CS 804, 8-12-2002; Ord. CS 905, § 1, 5-26-2009; Ord. CS 1069, § 4(Exh.
A), 11-12-2024, Ord. CS XXX, 11-10-2025)
17.16.090 Reserved.
Ord. CS 1059, § 1, adopted March 27, 2023, repealed § 17.16.090, which pertained to site plan and design review.
Exhibit C
Title 17 - ZONING
CHAPTER 17.16 LOW DENSITY RESIDENTIAL DISTRICTS
Atwater, California, Code of Ordinances Created: 2025-10-01 08:18:35 [EST] (Supp. No. 11)
CHAPTER 17.16 LOW DENSITY RESIDENTIAL DISTRICTS
17.16.010 Purpose.
To protect the value and charm of the existing residential areas, and to promote health, safety, comfort, convenience, and the general welfare, the following single-family residential districts are established by this chapter:
R-E Residential Estate
R-1-10, R-1-8, R-1-6, and R-1-5.
(Ord. CS 529, 1983; Ord. CS 559, 1984; Ord. CS 1069, § 4(Exh. A), 11-12-2024)
17.16.020 Principal permitted uses.
A. One single-family dwelling per lot.
B. Supportive housing as defined in Section 17.06.613.
C. Transitional housing as defined in Section 17.06.627. (Ord. CS 529, 1983; Ord. CS 559, 1984; Ord. CS 1014, § 3, 9-23-2019; Ord. CS 1069, § 4(Exh. A), 11-12-2024)
17.16.030 Accessory uses.
Accessory buildings and uses customarily appurtenant to a single-family residence, such as:
A. Garages, carports, off-street parking areas;
B. Private swimming pools;
C. Sheds for tools and garden equipment (see Section 17.16.080); D. Parabolic antennas;
E. Living quarters for relatives, friends, or persons regularly employed on the premises, but not rented or otherwise conducted as a business, provided that no kitchen facilities are installed; F. Community care facilities;
G. Occupations conducted away from home, when the residence is used only as business address. (See definitions: Home Occupation.)
(Ord. CS 529, 1983; Ord. CS 559, 1984; Ord. CS 1069, § 4(Exh. A), 11-12-2024)
17.16.040 Conditional uses requiring a permit.
A. Public and quasi-public buildings and uses of recreational, educational, religious, cultural, or public service types; not including corporation yards, storage, repair yards, warehouses and similar uses; B. Home occupations;
Created: 2025-10-01 08:18:35 [EST]
(Supp. No. 11)
C. A second unit with kitchen and bath facilities, if in compliance with Chapter 17.28.
D. Detached accessory structures greater than 500 square feet in size but cover less than 60 percent of the lot upon which it is constructed.
(Ord. CS 529, 1983; Ord. CS 559, 1984; Ord. CS 804, 8-12-2002; Ord. CS 1069, § 4(Exh. A), 11-12-2024)
17.16.045 Prohibited uses.
The maintenance of kennels, and storage for any commercial purpose shall be prohibited. (Ord. CS 559, 1984; Ord. CS 529, 1983; Ord. CS 1069, § 4(Exh. A), 11-12-2024)
17.16.050 Lot area, dimension, setbacks, density, and coverage.
The following minimum requirements shall be observed, except where increased for conditional uses, or by the Planning Commission or City Council to mitigate environmental impact.
R-E R-1-10 R-1-8 R-1-6 R-1-5
Minimum Lot Area per dwelling unit (sq.
ft.)
16,000 10,000 8,000 6,000 5,000
Minimum Lot Width (feet), Interior Lot 110 100 80 60 50 Minimum Lot Width (feet) Corner Lot 110 100 80 70 60
Minimum Lot Depth 130 100 100 100 100
Minimum 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)
17.16.055 Exceptions to setback requirements.
Setback requirements along major arterials shall supersede the requirements of this chapter.
A. To offset the monotonous building setbacks, a property owner may choose to reduce the front yard setback by up to three feet, but shall be required to have the same number of feet added to the regular rear yard by the same number of feet.
If a property owner chooses to give an additional three feet or less in addition to the required front yard setback, he may reduce the rear yard by the same number feet.
Created: 2025-10-01 08:18:35 [EST]
(Supp. No. 11)
B. Side yard for boat and RV parking. If the property owner adds an extra five feet to a five foot side yard requirement, in order to park vehicles behind the front yard setback, he may encroach by five feet into the rear yard setback.
C. Single family residential setbacks for lots that front on a cul-de-sac bulb and have an average lot depth of less than 100 feet may encroach by up to five feet into the required front yard setback provided the garage be no closer than 20 feet to the property line.
D. Attached unenclosed patio covers may encroach by ten feet into the required rear yard setback. (Ord. CS 529, 1983; Ord. CS 559, 1984; Ord. CS 595, 1985; Ord. CS 905, § 1, 5-26-2009; Ord. CS 1069, § 4(Exh. A), 11-12-2024)
17.16.060 Height of structures.
No building constructed in this zone shall exceed a height of 35 feet unless the following has occurred:
1. The Fire Marshal and Chief Building Official, or designees, have both approved the site plans, improvement plans, and/or other required submittals for the project; and
2. The Planning Commission makes all of the following findings:
A. The applicant has adequately demonstrated a need for the project to exceed 35 feet in building height that is related to the project's benefit to the community, or due to site constraints, or in order to achieve desired architectural qualities;
B. The project will be exemplary in its design;
C. The project design will complement and be compatible with the setting and the character of the neighboring properties with sensitivity to any adjacent federal, state, and City or other historic landmarks;
D. The project's proximity to railroads, airports, major freeways or highways, or other transportation hubs, stations, or centers will not interfere, impede, or otherwise disturb such transit services;
E. The project is consistent and compatible with the City's General Plan, Zoning Code, and other adopted specific plans and/or master plans;
F. Intended use of the project will enhance or promote the standard of living for City residents, and/or the local economy;
G. The project's proposed height would not adversely affect visual blockage of light, air, or cause intrusion of privacy to adjacent and surrounding properties; H. The project is not detrimental to the health, safety, peace, comfort, and general welfare of persons or property in the neighborhood and surrounding environs, including without limitation, it will not affect emergency response times or services, nor seismic and/or structural integrity; and
I. The project's proposed building height does not impede pedestrian or vehicular accessibility along any public or private pathways, sidewalks, driveways or roadways, visually impede any safe use of the same, or otherwise present a hazard to pedestrian or vehicular use of the same.
Additional conditions of approval may be imposed by the Planning Commission relative to the project as it relates to this section.
(Ord. CS 529, 1983; Ord. CS 559, 1984; Ord. CS 1056, § 1, 1-23-2023; Ord. CS 1069, § 1(Exh. A), 11-12-2024)
Created: 2025-10-01 08:18:35 [EST]
(Supp. No. 11)
17.16.065 Fences.
Fences constructed from wood may not exceed seven feet in height on the interior property lines, but may not exceed three feet in height in exterior setbacks or within the clear-zone. A chainlink fence without slats or similar type, which does not block the view, may be four feet high within exterior setbacks. On all corner lots, exterior side yard fence constructed from wood may be seven feet in height, set back ten feet from the property line.
(Ord. CS 529, 1983; Ord. CS 559, 1984; Ord. CS 905, § 1, 5-26-2009; Ord. CS 1069, § 4(Exh. A), 11-12-2024)
17.16.070 Exterior yards or setbacks.
An exterior yard or setback shall be identified as follows: All yards adjacent to a public right-of- way shall be exterior yards.
(Ord. CS 529, 1983; Ord. CS 559, 1984; Ord. CS 1069, § 3(Exh. A), 11-12-2024)
17.16.080 Other required conditions.
A. Off-street parking as required elsewhere in this title.
B. Clear zone: On corner lots, the maximum height within 25 feet of that point of the lot nearest to the street intersection may not exceed three feet, and provided further, that no fence, hedge, wall or other natural or structural object shall in any way impair visibility at intersections in such a manner as to endanger life, health, or property.
C. Landscaping shall not obscure ingress or egress of neighboring properties so as to endanger health and safety.
D. Distance between main buildings shall be a minimum of ten feet, unless fire or building code require a larger distance.
E. Zero lot line may be established in Planned Development zones and in new development in compliance with Article 16, Subdivision Ordinance of the Atwater Municipal Code.
F. Detached accessory buildings shall not exceed a height of 16 feet to the highest point of the roof, and shall not encroach on any exterior yard setback, and may not be placed within five feet of the interior rear or side property line.
G. Accessory buildings on through lots shall have not less than 20 feet to the rear property line.
H. An accessory building or structure, which contains less than 120 square feet of projected roof area and is less than eight feet in overall height is exempt from the provisions of this chapter, provided that no such structure shall encroach on any exterior yard or easement, and that only one exempt structure is permitted per residential lot.
I. Accessory structures shall not exceed 500 square feet in size or cause greater than 60 percent lot coverage (for accessory structures exceeding 500 square feet in size see Section 17.16.040).
J. Reserved.
K. Distance between main buildings and detached accessory buildings/structures shall be a minimum of five feet unless fire or building codes require a larger distance.
Created: 2025-10-01 08:18:35 [EST]
(Supp. No. 11)
(Ord. CS 529, 1983; Ord. CS 559, 1984; Ord. CS 804, 8-12-2002; Ord. CS 905, § 1, 5-26-2009; Ord. CS 1069, § 4(Exh.
A), 11-12-2024)
17.16.090 Reserved.
Ord. CS 1059, § 1, adopted March 27, 2023, repealed § 17.16.090, which pertained to site plan and design review.
CITY COUNCIL
AGENDA REPORT
MEETING
DATE:
November 10, 2025
TO: Mayor and City Council
FROM: Christopher Hoem, City Manager
PREPARED
BY:
SUBJECT: Adopting an Ordinance Repealing and Re-enacting Title 15, "Buildings and Construction" of the Atwater Municipal Code (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 second reading by title only, and adopt Ordinance No. CS 1075 Repealing and Re-enacting Title 15 "Buildings and Construction" of the Atwater Municipal Code; or
Motion to approve staff's recommendation as presented.
I. BACKGROUND/ANALYSIS:
This is the second reading of the Ordinance, the first reading was completed at the Regular City Council meeting of October 27, 2025.
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
CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Brian Raymond
John Cale Kalisa Rochester
Agenda Report - Adopting an Ordinance Repealing and Re-enacting Title 15, "Buildings and Construction" of the Atwater Municipal Code (City Manager Hoem) Page 2
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 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 - Adopting an Ordinance Repealing and Re-enacting Title 15, "Buildings and Construction" of the Atwater Municipal Code (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:
November 10, 2025
TO: Mayor and City Council
FROM:
PREPARED
BY:
SUBJECT: Approving Use Agreement between the City of Atwater and the Atwater Police Activities League for Facility Use (Public Works Director Vinson)
RECOMMENDED COUNCIL ACTION
Motion to adopt Resolution No. 3581-25 Approving a Use Agreement in a form approved by the City Attorney, with the Atwater Police Activities League for the use of Veterans Memorial Park Castle Youth Center and BMX Track for organized activities, and authorizes and directs the City Manager, or his designee, to execute the Use Agreement on behalf of the City; or
Motion to approve staff's recommendation as presented.
I. BACKGROUND/ANALYSIS:
The Atwater Police Activities League once operated as an active organization in the City of Atwater utilizing the Castle Youth Center and the BMX Track, both located within Veterans Memorial Park. The City of Atwater and the Police Activities League (PAL) now wish to reestablish an agreement for the use of these facilities in order to revive and enhance programs serving the community's youth. Currently, the only anticipated use of the Youth Center by PAL will be monthly meetings, but as their organization continues to grow, amendments to this agreement could be added to include additional rooms in the Youth Center as well as additional recreational facilities.
II. FISCAL IMPACTS:
Rental for the Castle Youth Center is as follows, adopted June 9, 2025 in our Misc. Fee Schedule. The table is listed below. The following fees that would normally be paid by PAL will be waived during initial term of the agreement.
CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Brian Raymond
John Cale Kalisa Rochester
Agenda Report - Approving Use Agreement between the City of Atwater and the Atwater Police Activities League for Facility Use (Public Works Director Vinson) Page 2
This item has been reviewed by the Finance Department.
III. LEGAL REVIEW:
This item has been reviewed by the City Attorney.
IV. EXISTING POLICY:
This item is consistent with goal number six (6) subsection eleven (11) of the City’s 2026-2030 Strategic Plan: Improve Quality of life by exploring the re-opening of the BMX track at Veterans Park.
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.
VIII. ENVIRONMENTAL REVIEW:
This item is not a “project” under the California Environmental Quality Act (CEQA) as this activity does 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 by City Council, the City Clerk’s office will route the Use Agreement for signature.
Attachments:
1. Resolution - Atwater PAL 11-10-25
2. Use Agreement Atwater Police Activities League 11.25 (BBK Edits)-c1
CITY COUNCIL
OF THE
CITY OF ATWATER
RESOLUTION NO. XXXX-25
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ATWATER APPROVING USE
AGREEMENT WITH ATWATER POLICE
ACTIVITIES LEAGUE FOR FACILITY USE
WHEREAS, the City of Atwater has identified a need for proactive community engagement and youth development initiatives aimed at fostering positive relationships between law enforcement and community youth; and
WHEREAS, there is an identified need to provide appropriate facilities that ensure a safe environment for organized youth activities; and
WHEREAS, the establishment of an Atwater Police Activities League (PAL) will offer structured recreational, educational, and mentoring opportunities that support youth development and strengthen trust between law enforcement and community; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Atwater does hereby authorize a Use Agreement, in a form approved by the City Attorney, granting the Atwater Police Activities League access to the following facilities for a two (2) year term:
• Veterans Memorial Park BMX track;
• Castle Youth Center, including the kitchen, gym, game room, art room, and main room;
and to authorize and direct the City Manager to execute the Agreement on behalf of the City.
Resolution No. XXXX-25 Page 2
The foregoing resolution is hereby adopted this 10th day of November 2025.
AYES:
NOES:
ABSENT:
APPROVED:
________________________________
MICHAEL G. NELSON, MAYOR
ATTEST:
_______________________________
KORY J. BILLINGS, CITY CLERK
1 Use Agreement between
City of Atwater and Atwater PAL
83744.00001\44359417.1
USE AGREEMENT
This use agreement (“Agreement”) is made and entered in this _ day of November, 2025 at Atwater, California, by and between the City of Atwater, a California municipal corporation (hereinafter called “City”) and the Atwater Police Activities League, a nonprofit organization (hereinafter called the “League”). City and League are sometimes individually referred to as a “Party” and collectively as “Parties” in this Agreement.
WITNESSETH
WHEREAS, the City is a municipal corporation formed under Article XI, Section 7 of the California Constitution; and
WHEREAS, the City is the owner, operator, and administrator of Castle Youth Center, and BMX track, located at Veterans Memorial Park, 1698 County Park 2, Atwater, California, (hereinafter called “Premises.”); and
WHEREAS, the League provides a range of organized programs indoors and outdoors which benefits City’s residents, by providing educational, athletic and lifeenriching youth activities that develop discipline, positive self-image, mutual trust and respect; and
WHEREAS, the League desires to utilize the City’s Premises to make its youth programs available to the City’s residents in a convenient and cost-effective manner.
AGREEMENT
NOW, THEREFORE, based on the foregoing recitals and for good and valuable consideration , the receipt and sufficiency of which is acknowledged by the parties, and of the mutual covenants hereinafter contained, the Parties agree as follows:
1. Grant of Right. The City hereby grants the League the right to non-exclusive use of the Premises, which includes Veterans Memorial Park BMX track, and Castle Youth Center, including the kitchen, gym, game room, art room, and main room; subject to the terms and conditions hereinafter contained, and subject to reasonable scheduling and accessibility at the discretion of the City. A true and correct depiction of the facilities are attached hereto as Exhibit “A,” and Exhibit “B.”
2. Condition of the Premises. League acknowledges that it intends to and will operate its program on the Premises in an AS-IS condition. League acknowledges and agrees that City has made absolutely no representations, guarantees, or warranties regarding the Premises, or any improvements thereon.
2 Use Agreement between
City of Atwater and Atwater PAL
83744.00001\44359417.1
3. Acknowledgment of Potential Outdoor Facilities Closure. League acknowledges that inclement weather may negatively impact or restrict access to or use of outdoor facilities, including but not limited to the Veterans Memorial Park BMX Track, and that the City may close such outdoor areas on account of inclement weather with no advance warning in its sole discretion and without any further obligation or recourse to League.
4. Permitted Uses. This Agreement is provided to the League for the primary purpose of providing a public benefit as described above to the residents of the City. City retains the right to schedule the use of the Facilities for City sponsored events and other activities deemed appropriate by City. It is further agreed that a schedule of dates and times for use of the Facilities will be worked out in advance with the Recreation and Community Events Department. The schedule will be so arranged as to avoid any conflict between the League and the Recreation and Community Events Department use.
5. Term. The Term of this Agreement shall commence on November ___, 2025 and shall end as of October ___, 2027 (“Initial Term”). The League shall have the option to request to extend the Initial Term by an additional three (3) years (an “Extended Term”) by first giving written request to the City not fewer than ninety (90) days prior to the expiration of the Initial Term of his Agreement. The City Manager or the City Manager’s designee reserves its right to approve or reject, in whole or in part, the League’s request to so extend.
6. Maintenance Expenses.
4.1 City Responsibilities – Castle Youth Center
a. City agrees to furnish utilities to include water, sewer and refuse collection, and general maintenance services, as needed, to the part of the Premises which consists of the Castle Youth Center building. If any dispute should arise regarding the amount or reasonableness of the costs of any such utilities or services, the Parties shall meet and confer within 14 calendar days to resolve such dispute.
4.2 League Responsibilities – Veterans Memorial Park BMX Track a. League shall be responsible for the provision of all utilities to the part of the Premises consisting of the outdoor Veterans Memorial Park BMX Track and shall, during the term of this Agreement, be solely responsible for the payment of all charges for electricity and water used in or on the Veterans Memorial Park BMX Track part of the Premises. League shall hold City harmless from any liability or responsibility therefor.
3 Use Agreement between
City of Atwater and Atwater PAL
83744.00001\44359417.1
b. At all times during the term and subject to the approval of the City, the League shall, at its sole cost and expense, keep and maintain in its original condition the part of the premises consisting of the Veterans Memorial Park BMX Track and all improvements thereon and all facilities appurtenant thereto in good order and repair and safe condition, and the whole of the premises, improvements and landscaping in a clean, safe, sanitary, orderly and attractive manner.
7. Operating Responsibilities. League shall, at all times during the term of this Agreement, comply with the following conditions:
a. League shall, as needed and at its sole expense, provide and maintain in a clean, safe, and sanitary condition portable restrooms, subject to prior written approval from the City regarding placement and quantity. b. League shall assume all costs of operation, except as noted in above, including but not limited to, all employment and non-employment taxes, permit fees, workers’ compensation insurance, other insurance as required by this Agreement or otherwise, and City business license fees, and that it will secure all such permits and licenses to operate its programs as required by City.
c. League agrees to comply with all applicable state and federal laws, City park rules, safety regulations, applicable ordinances and policies, and directives issued by City staff.
d. League shall at all times ensure that no person or group of persons, on the grounds of race, creed, religion, sex, marital status, sexual orientation, color or national origin or ancestry or disability, are excluded from participation, denied the benefits of or otherwise subject to discrimination in the use of the Premises by the League.
e. League shall pick up and dispose of all trash generated by any and all of League’s activities on the Premises., .
f. League is prohibited from making any changes or additions to the Premises that are not covered by this Agreement without the express written approval of the City.
8. Damage or Destruction.
a. In the event the Premises, which collectively includes the Castle Youth Center and the Veterans Memorial Park BMX Track, or any portion thereof, is damaged or destroyed by any cause, the Parties shall promptly notify one another in writing and confer within 14 days regarding the extent of the
4 Use Agreement between
City of Atwater and Atwater PAL
83744.00001\44359417.1
damage and the appropriate course of action, except that League shall notify City as soon as practicable, and in no event less than 2 business days, of any unsafe condition on any part or all of the Premises b. League agrees that City is not responsible for any loss or damage of items owned or controlled by the League which have been stored by League upon the Premises.
c. At the City’s option, League agrees to and shall, at its sole cost and expense, forthwith, on receiving written notice from the City to do so, rebuild and/or restore to their present condition the Premises or any part thereof destroyed in whole or in part by neglect, or other causality, or by the League’s want of ordinary care, or the want of ordinary care of its agents, members, servants, or employees.
d. In the event that the Premises or any part thereof are destroyed in whole or in part by events or acts not resulting from the League’s neglect, want of ordinary care, or the want of ordinary care of its agents, members, servants, or employees, the City shall have the option to terminate this Agreement due to the impossibility of City’s performance, without any further obligation or recourse to League.
9. Assumption of Risk and Indemnification. The Agreement is made upon the express condition that, to the maximum extent required by law, and except for the willful misconduct or grossly negligent acts or omissions of the City, League assumes all risk of loss damage and injury resulting from the operation of League’s program on the Premises. The City and its elected officials, agents, members, consultants volunteers, servants, and/or employees (collectively, “City Indemnitees”) shall be free from all liability or loss by reason of injury to person (including death) or property arising from League’s use of the Premises, during or associated with events and programs run, sponsored or controlled by the League, its agents, members, volunteers, servants and/or employees, from whatever cause, while in or on the Premises or in any way connected with or resulting from the League’s use of the Premises or with any improvements or personal property therein or thereon, including any liability for injury to the person (including death) or property of the League, its participants, agents, members, volunteers, and/or employees. League’s assumption of risk and obligation to indemnify the City Indemnitees shall include, without limitation, loss or damage caused by defects on or about the Premises or any improvements, accident, fire or other casualty on or about the Premises not otherwise caused by the willful misconduct or grossly negligent acts or omissions of the City Indemnitees. League hereby covenants and agrees to and shall indemnify and defend City Indemnitees and hold them harmless from any and all liability, loss, cost and/or obligation, including all litigation costs and attorney’s fees, on account of, or arising out of, Leagues use of the Premises, and such injury of losses however occurring to any
5 Use Agreement between
City of Atwater and Atwater PAL
83744.00001\44359417.1
person and/or property. To the maximum extent allowed by law, League hereby waives all claims and demands against City Indemnitees for injury to persons (including death), damage to property, or any other interest of League sustained by League and resulting from any occurrence on or about the Premises and/or the League’s programs.
10. Insurance.
a. League shall not commence its use of the Premises until it has provided evidence satisfactory to the City that it has secured all insurances required under this Section. Without limiting the indemnity provisions of this Agreement, and for the entire term of this Agreement, League shall maintain the following insurance coverage:
i. Commercial general liability insurance from a company acceptable to City with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence and not less than$2,000,000 in the general aggregate. for bodily injury, personal injury (including death), and property damage, including without limitation, blanket contractual liability. League’s general liability policies shall be primary and shall not seek contribution from the City’s coverage and be endorsed using Insurance Services Officer form CG 20 10 (or equivalent) to provide that City and its officers, elected officials, employees, volunteers, and agents shall be additional insureds under such policies. The insurance policy is to contain, or be endorsed to contain, the following provisions: Additional Insured Endorsement, The City of Atwater its officers, elected officials, employees, volunteers, and agents are to be named as additional insured on the commercial general liability policy via an Additional Insured Endorsement, with respect to liability arising out of the League’s use of the Premises. The Certificate of Liability must include the following language in the Certificate Holder Box: City of Atwater, its officers, elected officials, employees, volunteers, and agents: City of Atwater, City Administration Building, 1160 Fifth Street, Atwater, CA 95301. The Certificate of Liability must include the following language in the Description Box: The City of Atwater, its its officers, elected officials, employees, volunteers, and agents shall be named as an additional insured under the General Liability and Liquor Liability (if applicable) policies. All Liability policies are Primary and Non-Contributory.
ii. League shall maintain workers’ compensation insurance and employer insurance, as required by the State of California.
6 Use Agreement between
City of Atwater and Atwater PAL
83744.00001\44359417.1
iii. In addition to the general liability insurance required above, League shall obtain and maintain sexual molestation and/or physical abuse liability coverage in the amount of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) in the aggregate.
iv. Automobile liability insurance for vehicles used in connection with the performance of this Agreement with minimum limits of one million dollars ($1,000,000) per claimant and one million dollars ($1,000,000) per incident.
b. League shall cause all of its insurers to provide City with thirty (30) days’ written notice of cancellation [ten (10) days for non-payment of premium]).
In the event League is unable to obtain notice of cancellation endorsements meeting the foregoing requirements, League covenants and agrees to notify the City in writing within five (5) business days of receiving a notice of cancellation from any insurer of League issuing coverage hereunder.
c. Primary and Non-Contributing Insurance. The commercial general liability policy, sexual molestation policy and automobile policy shall each contain a provision or be endorsed to contain a provision stating that League’s policy is primary insurance and that any insurance, self-insurance, or any other insurance available to the City as a named insured shall not be called upon to contribute to loss.
d. Waiver of Subrogation. All policies of commercial general liability, sexual molestation, workers compensation and automobile liability insurance shall contain endorsements or be endorsed to waive subrogation against the City, its officials, officers, employees, agents, and volunteers or shall specifically allow League or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss.
e. Deductibles and Self-Insurance Retentions. Any deductible or self-insured retentions shall not exceed $25,000 per occurrence.
f. The City reserves the right to revise the requirements of this Section at any time. If the City determines that additional insurance coverage is necessary, the City will reopen negotiations with the League to modify the terms of this Agreement. In any such event, if the Parties are unable to agree as to modified terms and conditions for the League’s insurance coverage, either Party may terminate this Agreement for cause. In no
7 Use Agreement between
City of Atwater and Atwater PAL
83744.00001\44359417.1
event shall this Paragraph be deemed or construed to qualify or limit the League’s obligation to keep the insurance required by this Section in full force and effect at all times during the term of this Agreement
11.Assignment. The League shall not assign this Agreement, or any interest therein, or any part hereof or any right or privilege or suffer any other person to occupy or use the Premises, or any portion thereof, without the written consent of City.
Assignment without City’s consent shall be void and shall at City’s option, immediately terminate this Agreement with cause.
12.Delivery of Premises. The League, at the expiration of this Agreement, promises and agrees to deliver unto the City the Premises in the same condition as at the date of the execution of this Agreement. The League shall make at the League’s sole expense any repairs, changes, or modifications in, on, or to the Premises required by any of the foregoing.
13.Compliance with all Laws. The Premises shall not be used for any illegal purpose; and the League, in using the Premises, shall comply with all federal, state, and local laws, statutes and ordinances, rules, regulations, polices, procedures, orders and directives.
14.Termination By City. City shall have the right to terminate the Agreement as provided in this Section.
a. Immediate Termination for Cause. Upon the occurrence of one or more of the following, the occurrence of which shall constitute “Cause,” City may unilaterally terminate the Agreement:
i. A lawsuit is filed against the City arising from or in connection to League’s use of the Premises;
ii. League violates the requirements of this Agreement.
In the event that the City elects to terminate the Agreement for cause, the notice given by the City to League shall include the effective date of any such termination, which date shall be no earlier than three (3) calendar days following the date such notice is received by League, provided such notice is sent by the City to League at its address and in the manner as provided in Section 24, below. b. Termination without Cause. In addition to the immediate termination provisions provided above, the City may terminate the Agreement for any lawful reason, or no reason, by providing thirty (30) calendar days prior written notice to League of its intent to terminate the Agreement.
15.Termination by League. League shall have the right to terminate the Agreement with or without just cause by providing not less than ninety (90) days prior written notice to the City of its intent to terminate the Agreement.
8 Use Agreement between
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16.Modification. This Agreement may not be modified or amended except in writing signed by the Parties.
17.No Partnership. Neither anything in this Agreement contained, nor any acts of City or League shall be deemed or construed by any person to create the relationship of principal and agent, or of partnership, or of joint venture, or of any association between League and City.
18.Applicable Law and Venue. The laws of the State of California shall govern the interpretation and enforcement of this Agreement. Venue shall lie in the Superior Court for the County of Merced.
19.Legal Authority. City and League hereby consent that they are authorized to execute this Agreement on behalf of said Parties and that, by so executing this Agreement, the Parties hereto are formally bound to the provisions of the Agreement
20.Severability. If any term, provision, covenant, or condition of this Agreement is held to be invalid, void, or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each term, provision, covenant, or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
21.Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
22.Entire Agreement. This Agreement constitutes the entire Agreement between the Parties hereto and there are no other provisions or understandings, oral or written.
This agreement may not be changed or modified except in writing and signed by the Parties hereto.
23.Notice. Any notice of communication between City and the League shall be deemed validly served upon deposit in the United States mail, registered and proper postage prepaid, addressed to the respective party at the address as either party may designate to the other in accordance with the provisions hereof:
9 Use Agreement between
City of Atwater and Atwater PAL
83744.00001\44359417.1
Atwater Police Activities League:
Joe Hoffar, Executive Director
P.O. Box 884,
Atwater, Ca 95301
[email protected]
To City:
City of Atwater
Chris Hoem, City Manager
1160 Fifth Street
Atwater, CA 95301
[email protected]
[Signatures on following page]
10 Use Agreement between
City of Atwater and Atwater PAL
83744.00001\44359417.1
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized officers on this 10th day of November 2025.
CITY OF ATWATER ATWATER POLICE ACTIVITIES LEAGUE
A California municipal corporation A Non-Profit organization ___________________________ __________________________________ Christoper Hoem, City Manager Stephanie Rivero, President Atwater PAL
________________ ________________
Date Date
ATTEST:
Kory J. Billings, City Clerk
____________
Date
APPROVED AS TO FORM:
Frank Splendorio, City Attorney
11 Use Agreement between
City of Atwater and Atwater PAL
83744.00001\44359417.1
____________
Date
Exhibit “A”
12 Use Agreement between
City of Atwater and Atwater PAL
83744.00001\44359417.1
Exhibit “B”
BMX Track
Youth Center
13 Use Agreement between
City of Atwater and Atwater PAL
83744.00001\44359417.1