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Atwater City Zoning Code

CHAPTER 17

24 - HIGH DENSITY MULTI-FAMILY RESIDENTIAL DISTRICTS

17.24.010 - Purpose.

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

R-3-1.5 and R-3-1.0

(Ord. CS 547, 1984)

17.24.020 - Principal permitted uses.

A.

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

B.

Supportive housing as defined in Section 17.06.613.

C.

Transitional housing as defined in Section 17.06.627.

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

17.24.030 - Accessory uses.

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

A.

Garages, carports, off-street parking areas;

B.

Private swimming pools;

C.

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

D.

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

(Ord. CS 547, 1984)

17.24.040 - Conditional uses requiring a permit.

A.

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

B.

Office for Manager of the apartment complex.

C.

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

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

17.24.045 - Prohibited uses.

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

(Ord. CS 547, 1984)

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

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

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

 

17.24.055 - Exceptions to setback requirements.

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

(Ord. CS 547, 1984)

17.24.060 - Height of structure.

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

1.

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

2.

The Planning Commission makes all of the following findings:

A.

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

B.

The project will be exemplary in its design;

C.

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

D.

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

E.

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

F.

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

G.

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

H.

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

I.

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

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

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

17.24.065 - Fences.

Fences to comply with Section 17.16.065.

(Ord. CS 547, 1984)

17.24.070 - Exterior yards or setbacks.

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

(Ord. CS 547, 1984)

17.24.080 - Other required conditions.

A.

Off-street parking as required elsewhere in this Title.

B.

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

C.

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

D.

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

E.

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

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

F.

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

G.

Parking as required elsewhere in this Title.

H.

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

I.

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

J.

Reserved.

K.

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

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

17.24.090 - Reserved.

Editor's note— Ord. CS 1059, § 1, adopted March 27, 2023, repealed § 17.24.090, which pertained to site plan and design review and derived from Ord. CS 547, 1984.