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

(Ord. CS 718, 1995)

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

A.

C-O, Office Commercial;

B.

C-T, Thoroughfare Commercial;

C.

C-G, General Commercial;

D.

M-1, Light Industrial;

E.

M-2, Industrial District.

(Ord. CS 718, 1995)

All conditional uses shall be as prescribed under each base zone district ranging from C-O to M-2, inclusive, and shall be reviewed and granted by the Planning Commission in conformity with Chapter 17.71 of the Atwater Municipal Code. Furthermore, a conditional use permit shall also comply with the goals and objectives of the Atwater General Plan and shall not be detrimental to the public health, safety, and welfare.

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

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

(Ord. CS 718, 1995)

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

A.

Lot size—10,000 square foot minimum.

B.

Frontage—100 foot minimum.

C.

Setbacks:

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

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

Interior Side: 0.

Rear: 0.

D.

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

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

E.

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

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

A.

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

B.

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

C.

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

D.

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

E.

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

F.

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

G.

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

H.

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

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

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

(Ord. CS 718, 1995)

A.

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

B.

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

(Ord. CS 718, 1995)

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

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