Atwater Municipal Code § 17.12.170 Parking and storage of trailer, travel trailer, camper and recreational vehicle

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)

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)

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)

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

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

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

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 CS 1059, § 1, adopted March 27, 2023, repealed § 17.12.050, which pertained to interpretation of no action—Appeal to Council and derived from prior Code § 10-3.604.

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)

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)

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)

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; Ord. CS 1078, § 4(Exhs. B, C), 12-8-2025)

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 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; Ord. CS 1078, § 4(Exhs. B, C), 12-8-2025)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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.

A. Purpose. This Chapter specifies the process for reviewing uses entitled to review as a "use by right" as defined in Government Code Section 65583.2. In enacting this Chapter, it is the intent of the City to implement State law as well as the goals, objectives, and policies of the City's Housing Element of the General Plan.

B. Definitions:

1. "By-right" shall mean that the local government's review of the project may not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a "project" under the California Environmental Quality Act as defined in Government Code Section 65583.2.

2. "Permanent supportive housing" means housing as defined in Government Code Section 65650(a) serving the target population as defined in Government Code Section 65650(c) that meets all of the requirements of Government Code Sections 65650 et seq. or successor provision [and contains no more than 50 units (if located in a city with a population of less than 200,000 or the unincorporated area of a county with a population of less than 200,000, and the number of homeless persons is less than 1,500.)]

3. "Low barrier navigation center" means a facility as defined in Government Code Section 65660(a) that meets all of the requirements of Government Code Sections 65660 et seq.

C. Eligibility for By-right Approval. The following uses are eligible for by-right approval:

1. Projects that satisfy the criteria outlined in subparagraphs (1) and (2) below:

a. Are located on sites listed as lower-income sites in the adopted Housing Element Site Inventory pursuant to Government Code Section 65583.2 subdivision (c) that are shown to have been either: (i) vacant and listed in two prior housing element site inventories, or (ii) non-vacant and listed in a previous housing element site inventory (see Table 17.12-1); and,

b. Twenty percent of the total number of housing units in the project are proposed to be available to lower-income households at affordable rent or affordable housing cost, as applicable.

2. Permanent supportive housing as defined in Government Code Section 65660 that meets all of the requirements of Government Code Sections 65660 et seq.

3. Low barrier navigation centers as defined in Government Code Section 65660 that meets all of the requirements of Government Code Sections 65660 et seq.

4. One hundred percent affordable projects located on land that was owned by an independent institution of higher education or religious institution as described in Government Code Section 65913.16.

5. Other projects eligible under state law for by-right approval.

Table 17.12-1 Housing Element Sites Eligible for By-Right Approval

D. Permit Requirements. An applicant for a project eligible for by-right zoning approval shall submit a ministerial plan permit for approval of the design. No discretionary permit or approval is required.

E. Review of Application.

1. For ministerial plan permit applications listed in this section, Community Development Director, or designee, without notice or hearing, shall consider the application ministerially without discretionary review. When the application is in compliance with the relevant standards, the permit shall be issued. The decision may be appealed to the Planning Commission only by the applicant or the owner of the subject property.

2. The application for the ministerial plan permit shall be reviewed for conformance with objective standards established by the General Plan, applicable Specific Plans, Zoning Code, design standards, and other adopted standards.

3. As provided by Government Code Section 65583.2(i), an eligible project is exempt from the California Environmental Quality Act.

4. Permanent supportive housing shall be reviewed consistent with the provisions of Government Code Sections 65650 et seq.

5. Low barrier navigation centers shall be reviewed consistent with the provisions of Government Code Sections 65650 et seq.

F. Required Findings. In granting a ministerial plan permit, Community Development Director, or designee, shall issue a letter of approval and shall make the following findings:

1. That the project is eligible for by-right approval under state law.

2. That the project complies with all applicable objective zoning and other adopted standards, including but not limited to design review standards.

3. That the project is granted subject to such applicable conditions as required to meet the standards of the use and zone in which it is located and to comply with applicable design standards.

G. Interpretation. If any portion of this section conflicts with any applicable state law, state law shall supersede this section. Any ambiguities in this section shall be interpreted to be consistent with state law. Statutory references in this section include successor provisions.

(Ord. CS 1083, § 3(Exh. A), 8-24-2026)