40 - M-1, LIGHT INDUSTRIAL ZONE
The purpose of the M-1, Light Industrial district, is to provide sites to accommodate no-nuisance, process-oriented industries with modern plant facilities, or modern retail facilities, including off-street parking and loading, landscaping, and other architectural and site amenities not found in older industrial areas. It is envisioned that the character of industries in this category will be of such a nature that they could harmoniously exist adjacent to other non-industrial uses.
(Ord. CS 576, 1984; Ord. CS 676, 1991)
A.
Administrative and executive offices where accessory to a permitted industry.
B.
Research laboratory.
C.
Manufacture of precision instruments, electric or electronic equipment, optical equipment.
D.
Printing plants including letterheads and stationery job printing.
E.
Wholesaling, warehousing, and truck terminals.
F.
Cemeteries.
G.
Other uses as determined by the Planning Commission to be of the same general character as other permitted uses in this district, where all operations incidental to the manufacture take place within an enclosed structure, and where all noise, dust, vapor, odor, glare, or other possible nuisance is effectively confined to the premises.
H.
Retail establishments subject to compliance with all zoning ordinance and environmental requirements.
I.
Emergency Shelters for the homeless. "Emergency shelter" means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person, where no individual or household may be denied emergency shelter because of an inability to pay. The standards for emergency shelters include the following:
1.
Number of Beds. An emergency shelter may have up to 60 beds.
2.
Location Requirement. Emergency shelters shall have separation of at least 300 feet from residential zones, parks, and schools.
3.
Hours of Operation. Facilities shall establish and maintain set hours for client intake and discharge. The hours of operation shall be consistent with the services provided and shall be posted in a publicly visible and accessible location on a sign that is no larger than one square foot.
4.
Outdoor Activities. Outdoor activity and intake areas shall be screened from public view and from the view of adjacent properties.
5.
Security. A security plan shall be submitted to the Sheriff's Department for review and approval prior to operation and shall be reviewed annually.
6.
Lighting. On-site lighting shall be provided in all parking, pedestrian paths, and entry areas. Lights shall be shielded and directed away from adjacent uses.
7.
On Site Staffing. A minimum of one supervisory level staff member must be present on the site during hours of operation. Operator(s) must ensure that loitering does not occur on the property during non-shelter hours and must ensure that clients are not loitering, littering, or otherwise creating a nuisance to the neighborhood.
8.
Parking. The emergency shelter shall provide on-site parking for all staff plus one space per ten occupants allowed at the maximum capacity.
9.
Length of Stay. The maximum length of stay shall be no longer than six months, as established by the California Health and Safety Code for emergency shelters.
10.
Compliance with Federal, State, and Local Regulations. Operation of emergency shelters shall comply with all Federal, State, and Local requirements.
11.
Compliance with Life Safety Regulations. Emergency shelters shall comply with all applicable Building, Fire, and Health and Safety codes.
12.
A plot plan review for proposed facilities shall be submitted to responsible County departments for review and comment.
(Ord. CS 576, 1984; Ord. CS 676, 1991; Ord. CS 1000, § 1, 11-13-2018)
Subject to conditional use permit:
A.
Public utility buildings and substations.
B.
Accessory uses to a permitted use such as cafeteria, restaurant, employees' auditorium, medical center, living quarters for night watchman or guard, when located on the same lot as the permitted use, and when located entirely within an enclosed building.
C.
Machine and welding shops, carpenters, manufacturers of furniture and similar items, and other uses which in the Community Development and Resources Commission opinion are not obnoxious, do not create noise, odors, smoke, bright lights or excessive vibrations, and are similar in character to those listed in this chapter.
D.
Contractors and lumber yards, but only when conducted within a building, or when enclosed by a solid fence of seven feet minimum height, provided that no material may be stacked higher than the height of the fence.
E.
Retail sales of products manufactured on the site and/or accessory to principal use; occasional auctions.
F.
Assembly, processing and packaging plants, provided any resulting nuisance shall be effectively confined to the buildings.
G.
Communication facilities.
H.
A cannabis business, as defined and allowable in Title 5 of the Atwater Municipal Code.
I.
Other uses as determined by the Community Development and Resources Commission to be of the same general character as other conditional uses in this district.
J.
A mobile food vendor as defined in Section 17.06.536.
(Ord. CS 576, 1984; Ord. CS 780, 2-28-2000; Ord. CS 995, § 1, 5-14-2018; Ord. CS 1026, § II, 1-13-2020)
A.
Minimum Lot Size: 0.5 acres.
Exterior setback: 15 feet minimum.
Interior setbacks: None, except as required by the building and fire codes unless the property adjoins a residential zone where a ten-foot setback is required.
Height of buildings: 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.
B.
Fences: 6—8 feet in height behind exterior setback
C.
Outdoor storage area shall be surrounded by a masonry, combination wood and masonry, ornamental screen or fence, or adequate planting sufficient to screen such storage areas from view, not less than six feet in height nor more than eight feet in height, and no materials shall be stacked higher than the enclosure.
D.
Loading Area. Adequate off-street space for the handling of all materials and equipment shall be provided. Before use permits or site plans are approved, the Planning Commission shall make specific findings as to adequacy of loading area, depending on the type of activity involved.
E.
Refer to Section 17.03.110 for requirements for collection and loading recyclable materials in development projects.
(Ord. CS 576, 1984; Ord. CS 640, 1988; Ord. CS 721, 3-27-1995; Ord. CS 1056, § 1, 1-23-2023)
Parking requirements as listed elsewhere in this title.
Non-intensive uses such as, but not limited to, wholesale or storage uses may get a waiver by the Planning Commission for up to 50 percent of improved parking spaces, but shall have the land available as additional landscaped area until more parking is required.
(Ord. CS 576, 1984)
A.
Front yard setback shall be larger than 15 feet if it abuts major arterials which have different requirements.
B.
Mini-warehouses and RV storage areas may be permitted in this district but shall comply with regulations listed under specific uses elsewhere in this title.
C.
Exceptions to building height may be made by the City Council, after due consideration of the professional opinion of the Fire Chief.
(Ord. CS 576, 1984; Ord. CS 950, § 1, 3-10-2014)
A.
Automobile wrecking, storage of second-hand automobile parts and disabled automobiles shall not be permitted in this district.
B.
Heavy water using or heavy sewage producing industries should be prohibited.
C.
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 576, 1984)
A minimum of ten percent of the property shall be landscaped. Landscaping shall comply with City landscape standards.
(Ord. CS 576, 1984; Ord. CS 667, 1990)
All uses shall be subject to site plan and design review as described elsewhere in this title.
(Ord. CS 576, 1984)
40 - M-1, LIGHT INDUSTRIAL ZONE
The purpose of the M-1, Light Industrial district, is to provide sites to accommodate no-nuisance, process-oriented industries with modern plant facilities, or modern retail facilities, including off-street parking and loading, landscaping, and other architectural and site amenities not found in older industrial areas. It is envisioned that the character of industries in this category will be of such a nature that they could harmoniously exist adjacent to other non-industrial uses.
(Ord. CS 576, 1984; Ord. CS 676, 1991)
A.
Administrative and executive offices where accessory to a permitted industry.
B.
Research laboratory.
C.
Manufacture of precision instruments, electric or electronic equipment, optical equipment.
D.
Printing plants including letterheads and stationery job printing.
E.
Wholesaling, warehousing, and truck terminals.
F.
Cemeteries.
G.
Other uses as determined by the Planning Commission to be of the same general character as other permitted uses in this district, where all operations incidental to the manufacture take place within an enclosed structure, and where all noise, dust, vapor, odor, glare, or other possible nuisance is effectively confined to the premises.
H.
Retail establishments subject to compliance with all zoning ordinance and environmental requirements.
I.
Emergency Shelters for the homeless. "Emergency shelter" means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person, where no individual or household may be denied emergency shelter because of an inability to pay. The standards for emergency shelters include the following:
1.
Number of Beds. An emergency shelter may have up to 60 beds.
2.
Location Requirement. Emergency shelters shall have separation of at least 300 feet from residential zones, parks, and schools.
3.
Hours of Operation. Facilities shall establish and maintain set hours for client intake and discharge. The hours of operation shall be consistent with the services provided and shall be posted in a publicly visible and accessible location on a sign that is no larger than one square foot.
4.
Outdoor Activities. Outdoor activity and intake areas shall be screened from public view and from the view of adjacent properties.
5.
Security. A security plan shall be submitted to the Sheriff's Department for review and approval prior to operation and shall be reviewed annually.
6.
Lighting. On-site lighting shall be provided in all parking, pedestrian paths, and entry areas. Lights shall be shielded and directed away from adjacent uses.
7.
On Site Staffing. A minimum of one supervisory level staff member must be present on the site during hours of operation. Operator(s) must ensure that loitering does not occur on the property during non-shelter hours and must ensure that clients are not loitering, littering, or otherwise creating a nuisance to the neighborhood.
8.
Parking. The emergency shelter shall provide on-site parking for all staff plus one space per ten occupants allowed at the maximum capacity.
9.
Length of Stay. The maximum length of stay shall be no longer than six months, as established by the California Health and Safety Code for emergency shelters.
10.
Compliance with Federal, State, and Local Regulations. Operation of emergency shelters shall comply with all Federal, State, and Local requirements.
11.
Compliance with Life Safety Regulations. Emergency shelters shall comply with all applicable Building, Fire, and Health and Safety codes.
12.
A plot plan review for proposed facilities shall be submitted to responsible County departments for review and comment.
(Ord. CS 576, 1984; Ord. CS 676, 1991; Ord. CS 1000, § 1, 11-13-2018)
Subject to conditional use permit:
A.
Public utility buildings and substations.
B.
Accessory uses to a permitted use such as cafeteria, restaurant, employees' auditorium, medical center, living quarters for night watchman or guard, when located on the same lot as the permitted use, and when located entirely within an enclosed building.
C.
Machine and welding shops, carpenters, manufacturers of furniture and similar items, and other uses which in the Community Development and Resources Commission opinion are not obnoxious, do not create noise, odors, smoke, bright lights or excessive vibrations, and are similar in character to those listed in this chapter.
D.
Contractors and lumber yards, but only when conducted within a building, or when enclosed by a solid fence of seven feet minimum height, provided that no material may be stacked higher than the height of the fence.
E.
Retail sales of products manufactured on the site and/or accessory to principal use; occasional auctions.
F.
Assembly, processing and packaging plants, provided any resulting nuisance shall be effectively confined to the buildings.
G.
Communication facilities.
H.
A cannabis business, as defined and allowable in Title 5 of the Atwater Municipal Code.
I.
Other uses as determined by the Community Development and Resources Commission to be of the same general character as other conditional uses in this district.
J.
A mobile food vendor as defined in Section 17.06.536.
(Ord. CS 576, 1984; Ord. CS 780, 2-28-2000; Ord. CS 995, § 1, 5-14-2018; Ord. CS 1026, § II, 1-13-2020)
A.
Minimum Lot Size: 0.5 acres.
Exterior setback: 15 feet minimum.
Interior setbacks: None, except as required by the building and fire codes unless the property adjoins a residential zone where a ten-foot setback is required.
Height of buildings: 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.
B.
Fences: 6—8 feet in height behind exterior setback
C.
Outdoor storage area shall be surrounded by a masonry, combination wood and masonry, ornamental screen or fence, or adequate planting sufficient to screen such storage areas from view, not less than six feet in height nor more than eight feet in height, and no materials shall be stacked higher than the enclosure.
D.
Loading Area. Adequate off-street space for the handling of all materials and equipment shall be provided. Before use permits or site plans are approved, the Planning Commission shall make specific findings as to adequacy of loading area, depending on the type of activity involved.
E.
Refer to Section 17.03.110 for requirements for collection and loading recyclable materials in development projects.
(Ord. CS 576, 1984; Ord. CS 640, 1988; Ord. CS 721, 3-27-1995; Ord. CS 1056, § 1, 1-23-2023)
Parking requirements as listed elsewhere in this title.
Non-intensive uses such as, but not limited to, wholesale or storage uses may get a waiver by the Planning Commission for up to 50 percent of improved parking spaces, but shall have the land available as additional landscaped area until more parking is required.
(Ord. CS 576, 1984)
A.
Front yard setback shall be larger than 15 feet if it abuts major arterials which have different requirements.
B.
Mini-warehouses and RV storage areas may be permitted in this district but shall comply with regulations listed under specific uses elsewhere in this title.
C.
Exceptions to building height may be made by the City Council, after due consideration of the professional opinion of the Fire Chief.
(Ord. CS 576, 1984; Ord. CS 950, § 1, 3-10-2014)
A.
Automobile wrecking, storage of second-hand automobile parts and disabled automobiles shall not be permitted in this district.
B.
Heavy water using or heavy sewage producing industries should be prohibited.
C.
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 576, 1984)
A minimum of ten percent of the property shall be landscaped. Landscaping shall comply with City landscape standards.
(Ord. CS 576, 1984; Ord. CS 667, 1990)
All uses shall be subject to site plan and design review as described elsewhere in this title.
(Ord. CS 576, 1984)