Jackson, CA Zoning Ordinance

Jackson City Zoning Code

ARTICLE III

Site Planning and General Development Standards

§ 17.30.010 Purpose and Applicability.

Purpose. The provisions of this Chapter expand the standards of Article II (Zoning Districts and Allowable Land Uses) by addressing the details of site planning and project design, to ensure that development, and new or modified land uses are of appropriate character and quality, considerate of the community's natural resources, compatible with existing and future land uses, and consistent with the General Plan.

Applicability—General standards. The provisions of this Chapter apply to all proposed development and new or modified land uses regardless of the applicable zoning district.

These standards shall be considered in combination with the standards for each zoning district in Article II (Zoning Districts and Allowable Land Uses). If there is a conflict, the standards specific to the zoning district shall override these general standards.

All new or modified structures and uses shall comply with all applicable provisions of this Chapter before construction and operation, unless specifically exempted by an applicable provision of this Development Code.

§ 17.30.020 Access.

General standard. Every structure and land use shall be provided adequate physical and legal access to a public street in the form of frontage upon the street, or permanent means of access to a public street by way of a public or private easement, or recorded (mutual) access agreement, as determined by the Site Plan Review Committee.

Access and improvement specifications. The approval of proposed development shall require the applicant to improve the public street frontages of the site in compliance with the City of Jackson Public Improvements and Engineering Standards, including right-of-way width, and structural section, surfacing, and width of street improvements.

Driveways. Access driveways shall be developed in compliance with the standards in Chapter 17.48 (Parking and Loading Standards). The site planning and design of proposed development shall minimize the lengths of driveways.

§ 17.30.030 Air Emissions.

Fugitive Dust Emissions. Land use activities that may create dust emissions (for example, construction and grading) shall be conducted to limit visible emission of fugitive dust at the point of its creation to less than 20% opacity. To ensure that this occurs, appropriate procedures shall include the following:

Dust suppression plan. A dust suppression plan shall be required for all projects for which a grading plan is required;

Scheduling. Grading activities shall be scheduled to ensure that repeated grading will not be required, and that implementation of the desired land use (e.g., construction, paving, or planting) will occur as soon as possible after grading;

Operations during high winds. Clearing, earth-moving, excavation operations or grading activities shall cease when the sustained winds are above 15 mph;

Area of disturbance. The area disturbed by clearing, demolition, earth-moving, excavation operations or grading shall be minimized at all times;

Dust control. During clearing, demolition, earth-moving, excavation operations, or grading, fugitive dust emissions shall be controlled by application of water to prevent visible dust emissions, paving of construction roads or other dust-preventive measures (e.g., hydro seeding, etc.), subject to the approval of the City Engineer;

Materials excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering shall be applied to all work areas, access roads and stockpiles before work begins and after work ends for the day. At all other times, water should be applied as necessary to prevent visible dust emissions;

Materials transported off-site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust;

On-site roads. On-site roads shall be paved as soon as feasible, and watered periodically or chemically stabilized until the roads are paved. Access or haul roads adjoining the project shall be treated as necessary to prevent track-out and accumulation of dirt, soil, or other materials which can subsequently be entrained in ambient air, either from construction-related vehicles or from any vehicle using adjoining affected roads;

Street encroachments. For land use activities that disturb two or more acres of land, paved aprons onto City streets shall be required at all access encroachments onto the City street. The aprons shall be paved within one week of the commencement of grading on the site. The aprons and portions of the street adjacent to the apron shall be flushed and/or swept at least once daily;

Revegetation. Graded areas shall be revegetated as soon as possible to minimize dust and erosion. Portions of the construction site to remain inactive longer than three months shall be seeded and watered until grass cover is grown and maintained;

Fencing. Appropriate fences or walls shall be constructed to permanently contain the dust and dirt within the parcel, subject to the approval of the City Planner;

10.

Other measures. Other Best Available Control Technology (BACT) may be required by the City Engineer to control air emissions of particulate matter from the site; and

11.

Performance guarantees. The City Engineer may require a permit applicant to provide adequate performance guarantees (e.g. bonds, cash deposits, certified letter of credit, etc.) to ensure the faithful and timely performance of dust suppression measures during grading. The City Engineer shall be responsible for setting the amount of the required performance guarantee, after consultation with the City Building Official and the Amador County Air Pollution Control Officer.

Vehicle exhaust emissions. An applicant who proposes a land use activity that could result in potential construction-related exhaust emission impacts shall minimize the emissions by maintaining equipment engines in good condition and in proper tune in compliance with manufacturer's specifications and by not allowing construction equipment to be left idling for long periods of time.

Odor emissions. The owner of an existing or proposed use which produces odors or noxious matter (e.g., fumes, gases, vapors, etc.) in quantities that those emissions constitute a nuisance in compliance with State law (Civil Code Sections 3479-3503) shall have the source of the contaminant controlled in order to abate the nuisance.

Cleared vegetation. The method of disposal of cleared vegetation from the site shall be indicated on the project improvement plans. Open burning of vegetation from site-clearing shall be prohibited unless approved by the City Engineer and the Amador County Air Pollution Control Officer upon a finding that other alternatives are unobtainable or economically infeasible.

§ 17.30.040 Archeological/Cultural Resources.

General standards. In the event that archaeological or cultural resources are discovered during any construction, all construction activities shall cease within 200 feet of the find unless a lesser distance is approved by the City Planner, and the Planning Department shall be notified so that the extent and location of discovered materials may be recorded in a written report prepared by a qualified archaeologist, and disposition of discovered materials may occur in compliance with State and Federal law. Construction shall not recommence until the City Planner authorizes construction to begin.

Survey. The City Planner may require a cultural resources field survey by a qualified professional, at the applicant's expense, where the project will involve areas of grading and/or the removal of natural vegetation totaling one acre or more. The City Planner may require a cultural resources field survey on smaller sites for a Zoning Clearance, Development Permit, Minor Use Permit, Use Permit, Planned Development, or Tentative Map where there is the potential for cultural resources to be located on the project site.

The survey shall be conducted to determine the extent of the cultural resources on the site, before the completion of the environmental document for the project.

Where the results of the survey indicate the potential to adversely impact probable cultural resources, the report shall be transmitted to the appropriate clearinghouse for comment.

The City Planner shall maintain a confidential map file of known or probable cultural resource sites so as to assist in the identification of sensitive areas.

A qualified professional shall be present on-site during all excavation activity, including preliminary soil investigations, grading, and trenching for foundations and utilities, in those cases where the identification of and potential impacts to cultural resources cannot be determined prior to project approval or when required by the City Planner based on a recommendation by the field surveyor.

Mitigation measures. Where development would significantly impact cultural or paleontological resources which have been identified, reasonable mitigation measures shall be required by the review authority as may be recommended by the field surveyor or by the State Historic Preservation Officer. Mitigation may include the following, as applicable/necessary:

The relocation or redesign of development to avoid the identified site;

The opening of the site to qualified, approved professional/educational parties for the purpose of exploration and excavation for a specified time before the commencement of development;

The utilization of special construction techniques to maintain the resources intact and reasonably accessible;

Where specific or long-term protection is necessary, identified sites shall be protected by the imposition of recorded open space easements; and

For significant sites of unique cultural resource value, where other mitigation techniques do not provide a necessary level of protection, the project shall not be approved until the City Planner determines that there are no reasonably available sources of funds to purchase the subject property or conservation easement. The City Planner shall have 90 days from the date of discovery of a significant site to make this determination.

Cultural resources. Any cultural resources found on the project site shall be recorded or described in a professional report, subject to the approval of the City Planner; and

Human remains. If human remains are encountered during construction, the County Coroner shall be notified. If the remains are determined to be Native American, the Coroner has 24 hours to notify the Native American Heritage Commission of the findings.

§ 17.30.050 Drainage and Storm Water Runoff.

All applications for Zoning Clearance, Development Permit, Minor Use Permit, or Use Permit, except single-family dwellings, secondary residential units, and duplexes, shall include drainage and erosion control plans and be designed and constructed to provide facilities for the proper conveyance, treatment, and disposal of storm water in compliance with this Section.

Drainage and erosion control plan requirements. Drainage and erosion control plans shall be submitted to the Engineering Department for review for compliance with the requirements of this Section. The plan may be incorporated within the project site plan.

A preliminary drainage and erosion control plan shall be submitted as part of an application for a land use permit, for new development, and the significant expansion or redevelopment of an existing use as determined by the City Planner.

Following approval of the land use permit, a final drainage and erosion control plan shall be submitted as part of the application for a Building Permit. Final plans shall be approved by the City Planner before the start of on-site construction or soil disturbance and before the issuance of a Building Permit. Projects requiring Planning Commission approval due to their size or use shall require plans prepared by a licensed engineer unless deemed unnecessary by the City Engineer.

Preliminary and final plans shall contain all information specified in the instructions for preparing drainage and erosion control plans provided by the Engineering Department.

After initial application review in compliance with Section 17.70.060 (Initial Application Review/Environmental Assessment), the City Planner shall review each preliminary and final plan to verify its compliance with the provisions of this Section. The City Planner may approve the submittal in compliance with this Chapter, or may deny or require changes to a submittal that is not in compliance.

Runoff treatment. Surface runoff treatment measures consistent with the "State of California Stormwater Best Management Practices Handbooks," prepared by the American Public Works Association Storm Water Task Force, shall be incorporated into the project. The following measures shall also be incorporated into the project:

Stormwater runoff.

Runoff from impervious surfaces shall be collected, treated, and contained on-site utilizing infiltration disposal facilities (e.g., infiltration basins and trenches) designed, installed, and maintained for, at a minimum, a 20-year, one-hour storm event based on the Public Improvements and Engineering Standards. The City Engineer may require a design to accommodate a larger storm event when topographic and/or drainage conditions of the surrounding area or watershed warrant more stringent drainage improvements;

Runoff shall be directed into any on-site retention/treatment basin using a slot drain, culvert, depressed swale, rock-lined trench, and/or other approved drainage facilities. Surface and subsurface water shall not drain over sidewalks or adjoining parcels;

Runoff from structures not directed into a retention/treatment basin shall utilize graveled drip line infiltration trenches under all eaves and decks designed, installed, and maintained for up to and including a 20-year, one-hour event. Infiltration trenches shall include a minimum gravel depth of eight inches and a minimum width of two feet, unless a trench of different dimensions is required by the City Engineer based upon an engineered drainage analysis; and

On-site drainage facilities. Facilities shall be designed to direct stormwater runoff which exceeds the required capacity of the facility into a public storm drainage system contained within the nearest public right-of-way; and

Wetlands.

Runoff into wetland areas shall not be increased above or decreased below pre-project levels unless the review authority finds that the increase or decrease of runoff will not adversely affect the health, function, and values of the wetland; and

Runoff into wetland areas shall be treated in accordance with subsection B prior to release into the wetland.

Erosion control. Erosion control measures consistent with the "State of California Stormwater Best Management Practices Handbooks," prepared by the American Public Works Association Storm Water Task Force, shall be incorporated into the project. The following measures shall also be incorporated into the project:

Temporary measures. Temporary erosion control measures as required by the City Engineer shall be installed and continuously maintained for the duration of construction and shall include:

All non-construction areas shall be clearly marked and protected during construction by fencing or other identification approved by the City Engineer;

The protection of loose piles of clay, debris, sand, silt, soil, or other earthen material during periods of precipitation or runoff with nonwoven filter fabric fence, hay bales, temporary gravel, and/or earthen or sand bag dikes; and

All soil disturbance activities shall cease if adverse weather conditions are predicted, unless operating under an exception granted by the City Engineer. Adequate temporary erosion control measures shall be immediately installed during adverse weather conditions.

Permanent measures. Permanent erosion control measures as required by the City Engineer shall be installed and continuously maintained for the life of the project and shall include:

All surplus or waste earthen materials shall be removed from the site and deposited in an approved location within 10 days from completion of construction;

Earthen materials shall not be placed in surface water drainage courses, permanent or temporary, or in a location to allow the discharge of earthen materials to any surface water drainage course; and

All disturbed areas shall be permanently stabilized or vegetated. Vegetated areas shall be continuously maintained to ensure adequate growth and root development. Vegetation shall consist of seeding, planting, mulching, and initial fertilizing and watering as needed.

Timing of operations. Ground disturbance including vegetation removal that disturbs the soil shall be prohibited between October 15th of any year and May 1st of the following year. Exceptions may be granted by the City Engineer based upon the following:

Predicted dry weather conditions;

The construction activity is associated with existing disturbed conditions only and is not intended to allow for the commencement of new construction activity or new disturbance;

Specific dates and scope of work involved in the construction activity; and

The site shall be winterized and specific Best Management Practices implemented to control erosion and protect water quality within 48 hours of the City Engineer's order to cease ground disturbance.

Stabilization. Before October 15th in any year, permanent or temporary stabilization of all disturbed or eroding areas shall be installed consistent with the requirements of this Section.

Limitation on runoff. The net rate release of runoff from a site onto adjoining parcels and rights-of-way after construction shall not be greater than pre-construction levels of the runoff release from the site based on a 20-year, one-hour storm event. The City Engineer may require a design to accommodate a larger storm event when topographic and/or drainage conditions of the surrounding area or watershed warrant more stringent drainage improvements.

Maintenance. All required drainage and erosion control improvements shall be maintained for the life of the approved project, including routine maintenance, repair, and replacement of the improvements. Maintenance shall include:

Unclogging of basins, pipes, swales, and trenches by debris, ice, and sediment;

Repair of damaged basins, pipes, swales, and trenches;

Replacement of unhealthy, damaged, or non-productive vegetation; and

Restabilization of erosion on slopes.

Minor Use Permit required. Projects satisfying any of the following conditions will require the approval of a Minor Use Permit in compliance with Chapter 17.76 (Use Permits and Minor Use Permits):

Projects within the 100-year floodplain of waters under the jurisdiction of the State Regional Water Quality Control Board or projects required by the Regional Water Quality Control Board to obtain a waste discharge permit due to the potential for the discharge or threatened discharge of solid or liquid materials to surface waters, potential wetlands areas, or other sensitive lands;

Projects located on sites containing contaminated soils as identified by the Amador County Health Department or the State Regional Water Quality Control Board; and

Projects resulting in the disturbance of land or located within 200 feet of any wetland area unless the City Engineer finds that the topographic conditions of the surrounding area will clearly preclude any disturbance of wetland areas and will ensure that any runoff from the project will not result in any water quality impacts to a wetland area. A wetlands delineation report shall be required for all projects requiring a minor use permit under this condition. The disturbance of wetland areas shall comply with Section 17.46.040 (Wetlands).

§ 17.30.060 Easements.

No structure shall be allowed within public utility easements, access/driveway easements, drainage easements or any other easement offered for dedication to the City or the County of Amador, except with Minor Use Permit approval. A Minor Use Permit for a structure within an easement may be granted only where the review authority first finds that the structure will not interfere with the purpose of the easement.

§ 17.30.070 Fences, Walls, and Hedges.

The following standards shall apply to the installation of fences, walls, and hedges, regardless of whether a permit or City approval is required by this Section, except where an applicable Specific Plan or Planned Development establishes different standards. The provisions of this Section shall not apply to a fence or wall required by a law or regulation of the City, State or an agency thereof. For the purposes of brevity, the term "fence" as used in this Section shall mean "fence, wall, or hedge."

Permit requirement. Fences require Zoning Clearance in compliance with Chapter 17.72 (Zoning Clearance) in all zoning districts except where exempted from this requirement by following subsection B.

Exemptions from permit requirement. The following fences and walls do not require Zoning Clearance, but shall otherwise comply with all applicable provisions of this Development Code.

Fences within the residential zoning districts are exempt, provided that they comply with the height limits in following subsection C.

Walls and retaining walls less than 48 inches in height measured from the bottom of the footing to the top of the wall. Retaining walls are exempt only in compliance with this height limit, and where they retain earth only with no surcharge, and are not required by the Uniform Building Code or this Development Code to have a Building Permit.

Fence height limitations.

Fences are subject to the height limitations shown in Table 3-1, based on the area of the site and the location of the fence on the site relative to the required setbacks established by Article II (Zoning Districts and Allowable Land Uses). See Figure 3-1 Fence and Wall Standards.

Figure 3-1 Fence and Wall Standards

TABLE 3-1 HEIGHT LIMITS FOR FENCES, WALLS, AND HEDGES
Maximum Allowed Height Based on Fence Location
Parcel Size	Within Front or Street Side Setback	Within Side or Rear Setback	Within Rear Setback on Through Lot	Outside Setback Areas (1)
Less than 1 acre	3 ft. (1,2,3)	6 ft.	3 ft.	6 ft. (4,6)
1 acre or more	3 ft. (2,5)	6 ft. (6)	6 ft. (2)	6 ft. (4,6)

Notes:
(1)	Open fences up to a maximum of four feet in height may be allowed in front and street side setbacks if the City Engineer finds that the fence will not adversely affect a front or street side setback traffic safety visibility area. An open fence shall be defined as a split board or rail fence (not exceeding three boards or three rails high), woven wire, or chain link that does not impair sight visibility.
(2)	Fences up to a maximum of six feet in height may be allowed in street side setbacks if the fence is located outside the traffic safety visibility area.
(3)	Fences up to a maximum of six feet in height may be allowed in front and street side setbacks on residential properties that face commercial or industrial properties if the City Engineer finds that the fence will not adversely affect a front or street side setback traffic visibility area.
(4)	Fences up to a maximum of 20 feet in height may be allowed for tennis and other outdoor recreational courts outside the required setback areas.
(5)	On parcels of one acre or larger, fences up to a maximum of six feet in height may be allowed in front and street side setbacks if the City Engineer finds that the fence will not adversely affect a front or street side traffic safety visibility area;
(6)	An open agricultural fence shall be allowed to a maximum height of eight feet in the side and rear setbacks and outside the required front and street side setback areas for property located in the RS district, provided that the City Planner first determines that the fence is essential to a legitimate agricultural operation or animal keeping on the site. An open agricultural fence shall be defined as an agricultural board fence or split rail (not exceeding three 6 inch boards or three rails high for a total height 5 feet), barbed or woven wire or chain link that does not impair sight visibility. All agricultural fences shall be designed to maximize safety.

Entry features over front yard gates (e.g., arches and trellises), with a maximum height of eight feet, provided that the entry features are no wider than six feet.

Retaining walls shall be subject to the height and setback limits established by Section 17.30.120(F)(6) (Setback Requirements—Retaining Walls).

All vegetation shall be maintained so as not to encroach into the public right-of-way.

These height limits shall not apply to the following:

Official governmental warning signs or signals;

Public utility poles;

Saplings or plant species of open growth habits and not planted in the form of a hedge, which are so planted and trimmed as to leave, at all seasons, a clear and unobstructed crossview;

Supporting members of appurtenances to permanent structures existing on the effective date of this Development Code; and

For parcels located adjacent to an intersection trees shall be trimmed (to the trunk) to a line at least six feet above the elevation of the intersection.

Parcels with grade differential.

Where there is a difference in the ground level between two adjoining parcels of less than two feet, the height of a fence constructed along the common property line shall be determined by using the natural grade of the highest contiguous parcel.

When there is a difference in the ground level between two adjoining parcels of two feet or more, the maximum allowed height of a fence on the property line shall be determined by the City Planner.

Prohibited materials. The use of electrified fence or razor wire fence in conjunction with a fence, wall, or hedge, or by itself within any zoning district, is prohibited unless:

Approved as part of the land use permit, based upon a finding that the material is necessary for the security of the facility or is required by a law or regulation of the City, State, or an agency thereof; or

The fence is a simple, one-strand horse electric fence in the RS district. (See Figure 3-1, Fence and Wall Standards)

§ 17.30.080 Grading and Vegetation Removal.

Preservation of the natural vegetation. To prevent premature grading of the existing terrain and to ensure preservation of the natural vegetation within the City, grading and/or removal of natural vegetation shall not occur before the issuance of a land use permit (e.g., Zoning Clearance, Use Permit, etc.) authorizing development on the subject parcel, except for the following:

Grading and/or the removal of vegetation for a single-family residence on an existing subdivision lot;

Removal of vegetation done within an open space area by a subdivision homeowner's association or similar organization or a public agency in order to maintain the health of the forest and/or enhance fire safety; and

Removal of vegetation to comply with the fuel clearance regulations of the City of Jackson Fire Department.

Building and Grading Permits. A Grading Permit shall not be issued until the associated Building Permits are issued, unless grading is secured with an appropriate performance guarantee in compliance with Section 17.84.040 (Performance Guarantees).

Commission requirements. As part of the approval of a Development Permit or Use Permit involving grading, the Commission shall make one of the following findings:

Performance guarantees in compliance with Section 17.84.040 (Performance Guarantees) shall be required prior to issuance of any grading or building permits for the project to guarantee restoration of the site if the project is not completed;

There is sufficient evidence demonstrating there is adequate financing for the project to guarantee that the project will be completed; or

Performance guarantees are not necessary, given the particular circumstances of the application.

§ 17.30.090 Height Measurement and Height Limit Exceptions.

All structures shall comply with the following standards relating to height, except for fences and walls, which are instead subject to the provisions of Section 17.30.070 (Fences, Walls, and Hedges).

Maximum height of structures. The height of structures shall not exceed the standard established by the applicable zoning district in Article II (Zoning Districts and Allowable Land Uses).

Height measurement.

The height limit for structures shall be measured as the vertical distance from the highest point of the structure to the average of the highest and lowest points where the exterior walls touch the natural grade. See Figure 3-2. In cases where the structure has a split roof(s) and the roofline of the split roof is five or more feet below the highest point of the structure and the floor area underneath the split roof extends at least 10 feet out from the remainder of the structure, the height limit for the structure shall be measured as the vertical distance from the average of the highest point of the structure and the highest point of the split roof to the average of the highest and lowest points of the structure where the exterior walls touch the natural grade. (See Figure 3-2, Height Measurement)

Figure 3-2 Height Measurement

In no case (except as permitted in (C) below) shall the height of any portion of a structure exceed a height greater than 10 feet above the standard established by the applicable zoning district in Article II (Zoning Districts and Allowable Land Uses) as measured as the vertical distance from the natural grade of the site to an imaginary plane located the allowed number of feet above and parallel to the grade. (See Figure 3-3, Maximum Height)

Figure 3-3 Maximum Height

Exceptions to height limits. The height limits of this Development Code may be exceeded as follows.

Fire or parapet walls may extend up to four feet above the allowable height limit of the structure.

Places of public assembly in churches, schools and other allowed public and semi-public structures, provided that they are located on the first floor of the structure and the required front, side, and rear yards shall be increased by one additional foot for each one foot by which the structure exceeds the height limit established for the applicable zoning district.

Belfries, chimneys, cupolas, domes, flag poles, gables, monuments, penthouses, scenery lofts, spires, towers (e.g., hose, radio, utility, water, etc.), water tanks, similar structures, and necessary mechanical appurtenances may be authorized to exceed the height limit established for the applicable zoning district, subject to the approval of a Minor Use Permit in compliance with Chapter 17.76 (Use Permits and Minor Use Permits).

Telecommunication facilities, including antennae, poles, towers, and necessary mechanical appurtenances, may be authorized to exceed the height limit established for the applicable zoning district, in compliance with Section 17.58.025 (Telecommunications Facilities).

The height of a single family dwelling in a residential zoning district may be increased up to an additional five feet, when the dwelling is on a building site with an average slope of 25 percent or greater.

City Planner exceptions to height limits. The City Planner may approve additional height up to a maximum of 10 percent of the height limit for a single-family dwelling in a residential zoning district as follows:

The City Planner finds all of the following:

There are unique circumstances associated with the property or the structure design that necessitate an increase in the height limit to prevent an unnecessary hardship or to overcome practical difficulties in constructing the dwelling;

The structure height and design are compatible with the neighborhood;

The additional height of the structure will not significantly impair views or sunlight quality to the surrounding properties; and

Prior to approving an exception to the height limit, notice of the City Planner's intent to approve an exception to the height limit shall be required in the following manner:

Notice shall include a general explanation of the matter being considered, a general description of the height exception being requested, the date on which the City Planner may take action on the height exception, and the location and available times that information on the matter may be reviewed by the public;

The notice shall be mailed or delivered to the owner(s) of the property being considered or the owner's agent, the applicant if different from the owner, and all owners of real property as shown on the County's last equalized assessment roll within 100 feet of the boundary of the property which is the subject of the height exemption;

The notice shall be posted in City Hall; and

The notice shall be mailed, delivered, and posted at least 10 days prior to the City Planner approving the height exception.

§ 17.30.100 Property Maintenance.

Purpose. This Section provides for the abatement of conditions which are offensive or annoying to the senses, detrimental to property values and community appearance, an obstruction to or interference with the comfortable enjoyment of adjoining property, or hazardous or injurious to the health, safety, or welfare of the general public in a manner which may constitute a nuisance.

Property maintenance nuisances. It is hereby declared to be a public nuisance for any property owner or other person in control of property to keep or maintain the property, including adjoining parkways, sidewalks, or streets under fee ownership by that person, in a manner resulting in any of the following conditions.

Abandoned materials. Any abandoned, discarded, dismantled, inoperable, wrecked equipment or objects including appliances, automobiles, boats, fixtures, furniture, refrigerators, trailers, trucks, water heaters, miscellaneous equipment and machinery, cans or containers standing or stored on the property or on adjoining parkway, sidewalks or streets which can be viewed from a public highway, walkway, or from private or public property, or which items are readily accessible from these places, or which are stored on private property in violation of any law.

Dangerous conditions. Any condition which exists upon any premises that is dangerous to human life or is detrimental to health as determined by the Building Official.

Alterations. Any alteration of land, the topography or configuration of which in any man-made state whether as a result of grading operations, excavations, fill, or other alteration, interferes with the established drainage pattern over the property or from adjoining or other property which does or may result in erosion, subsidence, or surface water drainage problems of a magnitude which would be injurious to public health, safety, and welfare.

Disposal of petroleum products. Disposal or presence of grease, oil, other petroleum products, noxious chemicals, pesticides, or any gaseous, liquid, or solid waste in a manner which would consist of a health or fire hazard or degrade the appearance of or detract from the aesthetic and property values of surrounding properties.

Outdoor storage in excess of one week. Lumber (excluding stacked firewood or lumber for a construction project on the property with a valid and active Building Permit), junk, salvage materials (including auto parts, bottles, scrap metals, tin cans, and tires, appliances, fixtures, furniture, refrigerators, water heaters, miscellaneous equipment and machinery), trash or packing boxes or other debris stored on the premises for a period in excess of one week.

On-site repairs. Any performance of work on household fixtures, motor vehicles, or vehicle engines or parts, on a public right-of-way or performance of work in yard areas of residential properties which are visible from a public right-of-way or surrounding properties, other than emergency repairs or minor maintenance being performed by the owner of the fixture or vehicle.

Vehicles as temporary or permanent living space. Use of a parked or stored boat, camper shell, trailer, vehicle, or other similar item as temporary or permanent living space for a period in excess of two weeks.

Storage of building materials. Accumulations of asphalt, bricks, building materials, concrete, fill dirt, plaster, rocks, and tile unless for a construction project on the property with a valid and active Building Permit.

Graffiti. The presence of graffiti, as defined in Article VII (Development Code Definitions).

10.

Maintenance. Property failing to meet minimum levels of maintenance and care as follows:

Walls, fences, other structures. All walls, fences, trash enclosures, and other structures shall be maintained free of significant surface cracks, dry rot, missing panels or blocks, and warping, which threaten structural integrity;

Structure elevations and roofs. Exterior structure surfaces and roofs shall be maintained free of significant surface cracks, dry rot, missing blocks or other materials, or warping, which threaten structural integrity; and

Trash and debris. The property shall be maintained free of the accumulation of trash and debris not stored in designated solid waste enclosures. Trash and debris associated with allowed uses are to be stored solely in designated solid waste enclosures.

Natural vegetation. Vegetation that is dry and overgrown can be a fire hazard. All vegetation on properties shall be maintained to minimize fire hazard.

Trees and shrubs. Trees and shrubs shall not overhang or encroach upon public walkways, drives, parking areas, and traffic signs to the extent that they interfere with the use of these areas. Tree limbs which overhang public sidewalks shall be kept trimmed to a height of at least 10 feet above the sidewalk level. Tree limbs which overhang the street shall be kept trimmed to a height of at least 14 feet above the street level.

(Ord. 735, 5/27/2025)

§ 17.30.110 Screening and Buffer Requirements.

All multifamily and nonresidential land uses shall comply with the screening and buffer requirements of this Section.

Screening and buffer between nonresidential and residential land uses. Where a nonresidential development or new land use is proposed on a parcel in the commercial, industrial or public zoning district, and adjoins a residential zoning district, the following screening/ buffering features shall be constructed as part of the development or land use.

A six-foot high, solid decorative masonry wall or solid fence or a combination of landscaping, berm and fencing, or wall shall be constructed between the nonresidential use and residentiallyzoned parcels. The wall shall be architecturally treated on both sides, and the design of the screening (e.g., berm and fencing, landscaping, or wall) shall be subject to the approval of the City Planner. A landscaping strip with a minimum width of five feet shall be provided along the wall or fence. If adjoining a parking area, the landscaped area may be counted towards required interior parking lot landscaping.

All proposed or required landscaping shall comply with Chapter 17.40 (Landscape Standards).

The review authority may modify or waive the requirements of this subsection or approve alternatives to the screening and buffer methods if the review authority finds the characteristics of the site or vicinity would make the required screening and buffer unnecessary or the alternative will achieve the same effect of the required screening and buffer.

Screening and buffer between limited commercial and residential land uses. Where a nonresidential development or new land use is proposed on a parcel in the LC zoning district, and adjoins a residential zoning district, the following setback, screening, and landscaping features shall be provided as part of the development or land use.

Setbacks. If the proposed commercial use is in a commercial zoning district and adjoins a residential zoning district, but is not separated by a street, the required setback for a structure adjacent to a residential zoning district shall be equal the height of the building, but in no case shall the setback be less than 15 feet.

Screening. A solid decorative masonry wall or solid fence with a minimum height of six feet, or higher if required by an acoustical analysis to mitigate noise impacts, shall be constructed and maintained on the project site along the common property line. Pedestrian access may be provided through the wall from a residential neighborhood to a neighborhood-serving commercial use subject to the approval of the City Planner.

Landscaping. A landscaped strip shall be provided adjacent to the wall with the intention of providing a planting area for trees and shrubs on the commercial site.

The width of the landscaped strip shall be a minimum of five feet. Larger areas may be required by the review authority for larger projects which shall be determined on a case by case basis.

Landscaping shall be designed to visually screen the commercial development from the residences and to effectively break up the otherwise long, flat appearance of the wall. Trees shall be provided at a rate of one for every 20 lineal feet of landscaped area, and shrubs shall be provided at a rate of one for every five lineal feet of landscaped area. Additional trees and shrubs may be required by the review authority as determined on a case by case basis.

The use of the landscaped setback for passive activities (e.g., lunch area, pedestrian path) shall be subject to the approval of the City Planner.

Exceptions to screening and buffer requirements. The requirements of this subsection may be modified or waived through the approval of a Minor Use Permit in compliance with Chapter 17.76 (Use Permits and Minor Use Permits).

Screening and buffer between multifamily and single-family residential uses. Wherever a multifamily residential project adjoins a site developed with or zoned for a single-family residence, but is not separated by a street, a six-foot high solid wood fence, decorative masonry wall, or other appropriate material shall be constructed along the property line adjoining the single-family residential use. The review authority may modify or waive the requirements for the fence or wall if the review authority finds the characteristics of the site or vicinity would make the required screening and buffer unnecessary or the fence or wall would adversely affect neighborhood compatibility and other screening and buffer methods have been incorporated into the project to achieve the same effect of the required fence or wall.

Equipment. Any equipment in multifamily and nonresidential zoning districts, whether on a roof, the side of structure, or ground, and any loading docks, service yards, trash and storage areas, and utility services, shall be properly screened from public view.

The method of screening shall be architecturally compatible with other on-site development in terms of colors, materials, shape, and size.

The screening design and construction shall be subject to the approval of the City Planner, and shall blend with the design of the structures and include appropriately installed and maintained landscaping when on the ground.

§ 17.30.120 Setback Requirements and Exceptions.

This Section provides standards for the use and minimum size of required setbacks. These standards are intended to provide open areas around structures for: visibility and traffic safety; access to and around structures; access to natural light, ventilation and direct sunlight; separation of incompatible land uses; and space for privacy, landscaping, and recreation.

Setback requirements. All structures shall comply with the setback requirements of the applicable zoning district established by Article II (Zoning Districts and Allowable Land Uses), and with any special setbacks established for specific uses by this Development Code, except as otherwise provided by this Section. No portion of a structure, including eaves or roof overhangs, shall extend beyond a property line; or into an access easement or street right-of-way. Each required setback shall be open and unobstructed from the ground upward, except as provided in this Section.

Exemptions from setback requirements. The minimum setback requirements of this Development Code apply to all uses except the following:

Fences or walls six feet or less in height above the natural grade of the parcel; except on corner lots and within front yards in compliance with Section 17.30.070 (Fences, Walls, and Hedges);

Decks, earthworks, free-standing solar devices, hot tubs, steps, swimming pools/spas, terraces, and other site design elements which are placed directly upon the finish grade and do not exceed a height of 18 inches above natural grade at any point;

Retaining walls less than four feet in height above the surrounding finish grade at any point;

Parking pads with railings four feet or less in height; and

Basketball baskets and supports.

Allowable setback reductions.

A side yard setback other than that required by this article or Article II (Zoning Districts and Allowable Land Uses) may be authorized on residential lots through Minor Use Permit approval.

The required front yard setback may be reduced by the City Engineer by a maximum of five feet on residential lots that are less than 80 feet wide if the City Engineer finds that the reduced setback will not adversely affect a front or street side visibility area.

Measurement of setbacks. Setbacks shall be measured as follows. (See Figure 3-4, Location and Measurement of Setbacks)

Figure 3-4, Location and Measurement of Setbacks

Front yard setbacks. The front yard setback shall be measured at right angles from the nearest point on the front property line of the parcel to the nearest line of the structure, except as follows. Whenever a future right-of-way width line is officially established for a street, required setbacks shall be measured from the established lines. Whenever an access easement for a public street or private street traverses a parcel, front yard setbacks shall also be measured from the outer edges of the easement.

Averaging. The required front yard setback may be calculated based on an averaging of adjoining parcels only under the following circumstances:

(1)

In the residential zoning districts, where 25 percent or more of the parcels located on the same side of the street and within 200 feet of the parcel or between the nearest intersecting streets, whichever is less, have been improved with structures at the time of adoption of this Development Code, the required front yard depth for the applicable zoning district may be reduced to a depth not less than the average depth of the front yards of the parcels with existing structures; and

(2)

When an interior parcel in an RS zoning district adjoins a parcel in any other zoning district, the depth required for the front yard on the interior parcel may be reduced to not less than the average of the required depth and the width or depth of the yard required on the parcel in the other zoning district, which adjoins the street on which the interior parcel faces.

Corner parcels. The measurement shall be taken from the nearest line of the structure to the nearest point of the property line adjoining the street which has the narrowest parcel frontage. Whenever a future right-of-way width line is officially established for a street, required setbacks shall be measured from the established line(s); and

Flag lots. The measurement shall be taken from the nearest line of the structure to the point where the access strip meets the bulk of the parcel; establishing a building line parallel to the lot line nearest to the public street or right-of-way. (See Figure 3-5, Flag Lot Setbacks)

Figure 3-5 Flag Lot Setbacks

Side yard setbacks. The side yard setback shall be measured at right angles from the nearest point on the side property line of the parcel to the nearest line of the structure; establishing a setback line parallel to the side property line, which extends between the front and rear yards.

Street side yard setbacks. The side yard on the street side of a corner parcel shall be measured from the nearest point of the side property line adjoining the street to the nearest line of the structure. Whenever a future right-of-way width line is officially established for a street, required yards shall be measured from the established line.

Rear yard setbacks. The rear yard shall be measured at right angles from the nearest point on the rear property line of the parcel to the nearest line of the structure, establishing a setback line parallel to the rear property line, which extends between the side yards, except:

The rear yard on the street side of a through lot shall be measured from the nearest point of the rear property line adjoining the street; or

Where the side lot lines converge to a point, a line five feet long within the parcel, parallel to and at a maximum distance from the front lot line, shall be deemed to be the rear lot line for the purpose of determining the depth of the required rear yard. (See Figure 3-6, Rear Setback Measurement for Triangular and Irregular Lots)

Figure 3-6 Rear Setback Measurement for Triangular and Irregular Lots

Allowed projections into setbacks. Attached architectural features may extend beyond the wall of the structure and into the front, side, and rear setbacks, in compliance with Table 3-2, below. Other portions of single-family dwellings may extend into required setbacks in compliance with subsection F.7 (Setback requirements for specific structures and situations - Single-family dwellings). (See Figure 3-7, Examples of Allowed Projections into Setbacks)

Figure 3-7 Examples of Allowed Projections into Setbacks

TABLE 3-2 ALLOWED PROJECTIONS INTO SETBACKS
Projecting Feature	Allowed Projection into Specified Setback
Projecting Feature	Front Setback	Side Setback	Rear Setback
Balconies, bay windows, and other cantilevered features providing floor area	36 in.	36 in. (1)	5 ft.
Chimney/fireplace, 6 ft. or less in width	30 in.	30 in. (2)	30 in. (2)
Canopy, cornice, eave, roof overhang	36 in.	36 in. (3)	5 ft.
Deck, porch, which may be roofed but is otherwise unenclosed, 18 in. or more above natural grade (4)	6 ft.	36 in. (1)	6 ft.
Stairway, not attached to a deck, not enclosed, and does not extend above the ground floor as measured from the driveway grade adjacent to the garage or house	6 ft. (5)	36 in. (1)	6 ft.

Notes:
(1)	Feature may project no closer than five feet to any side property line. Feature may not project into the side yard setback in the Historic Commercial Zone (hc). See Section 17.30.120(F) (7) for exceptions.
(2)	Feature may project no closer than three feet to any side or rear property line.
(3)	Feature may project no closer than five feet to any side property line. See Section 17.30.120(F)(7) for exceptions.
(4)	Decks less than 18 inches above natural grade are exempt.
(5)	Covered walkways and stairways adjoining garages within the front yard setback may project into the front yard setback up to the front of the garage.

Setback requirements for specific structures and situations.

Dwelling groups. An inner court providing access to a multifamily dwelling group (constructed and located face-to-face) shall provide a minimum width of 10 feet between the rows for single-story structures with an additional five feet of width for each additional floor above the first floor.

Fences. See Section 17.30.070 (Fences, Walls, and Hedges).

Hot tubs, swimming pools/spas, and other site design elements.

Site design elements less than 18 inches above natural grade are exempt from setback requirements.

Detached decks, earthworks, freestanding solar devices, hot tubs, steps, swimming pools/spas, terraces, and other site design elements, and which equal or exceed a height of 18 inches above natural grade at any point, shall conform to the setback requirements. Swimming pools, or other recreational pools or landscape ponds, may be located in a required front, rear, or side yard, subject to the approval of a Minor Use Permit, in compliance with Chapter 17.76 (Use Permits and Minor Use Permits), and applicable Building and Health Codes.

Residential accessory uses and structures. Residential accessory uses and structures shall be provided setbacks in compliance with Table 3-3 (Required Setbacks - Accessory Uses and Structures).

TABLE 3-3 REQUIRED SETBACKS - RESIDENTIAL ACCESSORY USES AND STRUCTURES
Accessory Use/Structure	Type of Setback (1)	Required Setback (2)
Air conditioning equipment, pool and spa equipment, ground-based antennae	Sides, rear	5 feet
Garage	Front, street side	1 foot and 20 feet from edge of street pavement
Gazebo, greenhouse, patio cover	Front, street side	15 feet
	Rear	15 feet for single-family dwelling, 10 feet for multifamily dwellings
	Interior (3)	6 feet
Propane tank	Front, street side	As required for main structure
	Sides, rear	0 feet (4)
Stationary barbecue, fire pit	Sides, rear	5 feet
Swimming pool, spa, fish pond, outdoor play equipment	Street side	As required for main structure
	Sides, rear	5 feet
Other structures greater than 120 square feet	Front, street side, sides, rear	As required for main structure
Structures less than 120 square feet and greater than 6 feet in height	Front, street side	As required for main structure
	Sides, rear	5 feet
Structures less than 120 square feet and 6 feet or less in height and not covered elsewhere in this Section	Front, street side, sides, rear	0 feet

Notes:
(1)	When a setback is not specified, the setback shall be as required for the main structure. Where a parcel is situated so that the front, side, or rear property lines are not readily determinable, required setbacks shall be established by the City Planner.
(2)	A structure, projection or equipment shall not be placed or occur beyond the property lines of the subject parcel.
(3)	See Chapter 17.220 (Definitions, Glossary) for the definition of interior setback.
(4)	Propane tanks must comply with the side, rear, and interior setback requirements of the City Building Code and the City of Jackson Fire Department.

Retaining walls. (Retaining walls up to four feet in height are exempt from setback requirements.)

Retaining walls from four to six feet in height may be located within a required setback provided the exposed side of the wall faces into the subject parcel; and

Retaining walls greater than six feet in height, or retaining walls greater than four feet in height where the exposed side of the wall faces out from the subject parcel, shall conform to the setback requirements.

Retaining walls greater than four feet in height for driveways and driveway structures may be located within a required front yard setback if the City Engineer finds that the wall will not adversely affect a front or street side traffic visibility area. (See Figure 3-8, Retaining Walls in Setback)

Figure 3-8 Retaining Walls in Setback

Single-family dwellings. Single-family dwellings may extend into required setbacks as follows.

Front setbacks. Where an existing sloping parcel contains 40,000 square feet or less in net area, setback requirements are not specified on the recorded subdivision map, and the average difference in elevation in the first 60 feet of the parcel measured perpendicularly between the edge of the pavement or traveled way and the structure is one vertical foot for every four horizontal feet (1:4) or more, the front setback for a single-family dwelling may be reduced up to 30 percent of that required for other parcels in the same zoning district.

Side setbacks. A single-family dwelling and related accessory structures may extend up to two feet into a required side setback, but no closer than eight feet to a side property line, and allowed projections as listed in Table 3-2 (Allowed Projections Into Setbacks) may be located up to five feet into a required side setback, but no closer than five feet to any side property line, only as follows:

(1)

The average width of the parcel at the building pad is 80 feet or less;

(2)

The wall of the structure is located no closer than 15 feet to the wall of any structure on an adjoining parcel;

(3)

The pitch of any portion of the roof within the side yard setback is not directed toward the side property line or the structure has a non-shedding roof with a deed restriction recorded on the property that limits the type of roofing materials to non-shedding materials; and

(4)

Windows and other wall openings of the structural wall within the side setback are limited to five percent or less of the total area of the wall.

Side setbacks for nonconforming structure. An addition or modification to a single family dwelling that encroaches into the side setback may extend up to five feet into a required side setback, but no closer than five feet to a side property line, as follows:

(1)

The Planning Commission finds all of the following:

(a)

The height and design of the addition or modification is compatible with the existing structure;

(b)

The side yard setback for the addition or modification is equal to or greater than the side yard setback for the existing dwelling;

(c)

The building frontage, as measured in lineal feet, of the addition or modification within the side yard setback does not exceed the building frontage of the existing dwelling within the side yard setback.

(2)

The applicant applies for a variance consistent with Section 17.82 (Variances and Historic Variances).

Traffic safety visibility areas. Structures shall not be altered, constructed, erected, or moved, so that they are located closer to a street line than is necessary to provide adequate space for on-site traffic/vehicle maneuvering and the structures shall not be located within a traffic safety visibility area except for fences as permitted by Section 17.30.070(C) (Fence, Walls, and Hedges—Fence Height Limitations). (See Figure 3-4, Location and Measurement of Setbacks)

Figure 3-4 Location and Measurement of Setbacks

§ 17.30.140 Solar Access and Solar Equipment Guidelines.

Passive heating and cooling opportunities should be incorporated into single-family residential subdivisions and multifamily residential projects as provided by this Section.

Orientation of structures. Future structures should be oriented to maximize solar access opportunities.

Pools and spas. A pool or spa facility owned and maintained by a homeowner's association or multi-family rental complex shall be equipped with a solar cover. Solar water heating systems are encouraged.

Collector installation. Solar collectors, if provided, shall be located and installed in the following manner:

Roof-mounted solar collectors shall be placed in the least conspicuous location without reducing the operating efficiency of the collectors;

Wall-mounted and ground-mounted collectors shall be screened from public view, to the maximum extent feasible;

Roof-mounted collectors shall be installed at the same angle or as close as possible to the pitch of the roof. Solar panels may be placed on a flat roof in an angled position if they are appropriately screened from view by elements that are compatible with the architectural style, color, and use of materials on the main portions of the building;

Appurtenant equipment, particularly plumbing and related fixtures, shall be installed in the attic whenever possible or screened from public view, to the maximum extent feasible; and

Exterior surfaces of the collectors and related equipment shall have a matte finish and shall be color-coordinated to harmonize with roof materials and other dominant colors of the structure.

Obstruction of solar access. Structures (building, wall, fence, etc.) should not be constructed or new vegetation placed or allowed to grow, so as to obstruct solar access on an adjoining parcel.

§ 17.30.150 Solid Waste/Recyclable Materials Storage.

This Section provides standards for the construction and operation of solid waste and recyclable material storage areas in compliance with State law (California Solid Waste Reuse and Recycling Access Act, Public Resources Code Sections 42900 through 42911).

Required storage for multifamily projects. Multifamily residential projects with five or more dwelling units, shall provide solid waste and recyclable material storage areas as follows:

Individual unit storage area requirements. Each dwelling unit shall be provided an internal area of a minimum of six cubic feet designed for the storage of solid waste and recyclable material. A minimum of three cubic feet shall be provided for solid waste and a minimum of three cubic feet shall be provided for recyclable material; and

Common storage area requirements. Table 3-4 establishes minimum requirements for common solid waste and recyclable material storage areas for multifamily developments, which may be located indoors or outdoors as long as they are readily accessible to all residents. These minimum requirements may be reduced by the City Engineer upon a finding that the reduced requirements will provide sufficient storage area for solid waste and recyclable materials generated by the structures and uses. All required storage areas are measured in cubic feet.

TABLE 3-4 MULTIFAMILY SOLID WASTE STORAGE AREA REQUIREMENTS
Number of Dwellings	Minimum Storage Area Required (cu. ft.)
Number of Dwellings	Solid Waste	Recycling	Total Area
5—16	81	81	162
17—32	162	162	324
33—48	243	243	486
49—64	324	324	648
65—80	405	405	910
81+	Every additional 16 dwellings, or fraction thereof, shall require an additional 81 cu. ft. for solid waste and 81 cu. ft. for recyclables.

Required storage area for nonresidential structures and uses. Nonresidential structures and uses within all zoning districts shall provide solid waste and recyclable material storage areas in compliance with Table 3-5. These requirements may be reduced by the City Engineer upon a finding that the reduced requirements will provide sufficient storage area for solid waste and recyclable materials generated by the structures and uses. All required storage areas are measured in cubic feet.

TABLE 3-5 NONRESIDENTIAL SOLID WASTE STORAGE AREA REQUIREMENTS
Building Floor Area (sq. ft.)	Minimum Storage Area Required (cu. ft.)
Building Floor Area (sq. ft.)	Solid Waste	Recycling	Total Area
Up to 10,000	81	81	162
10,001—30,000	162	162	324
30,001—60,000	324	324	648
60,001+	Every additional 30,000 sq. ft., or fraction thereof, shall require an additional 162 cu. ft. for solid waste and 162 cu. ft. for recyclables.

Location requirements. Solid waste and recyclable materials storage areas shall be located in the following manner:

Solid waste and recyclable material storage shall be adjacent/combined with one another. They may only be located inside a specially-designated structure, on the outside of a structure in an approved fence/wall enclosure, a designated interior court or yard area with appropriate access or in rear yards and interior side yards. Exterior storage area(s) shall not be located in a required front yard, street side yard, parking, landscaped or open space areas, or any area(s) required by the Municipal Code to be maintained as unencumbered;

The storage area(s) shall be accessible to residents and employees. Storage areas within multifamily residential developments shall be located within 250 feet of an access doorway to the dwellings which they are intended to serve; and

Driveways or aisles shall provide unobstructed access for collection vehicles and personnel and provide at least the minimum clearance required by the collection methods and vehicles utilized by the designated collector. Where a parcel is served by an alley, exterior storage area(s) shall be directly accessible to the alley.

All trash and recycling receptacles shall be lidded.

Design and construction. The storage areas shall be designed and constructed to:

Be compatible with the project and surrounding structures and land uses;

Be properly secured to prevent access by unauthorized persons, while allowing authorized persons access for disposal of materials;

Provide a concrete pad within the fenced or walled area(s) and a concrete apron which facilitates the handling of the individual bins or containers;

Protect the areas and the individual bins or containers provided within from adverse environmental conditions which might render the collected materials unmarketable; and

Be appropriately located and screened from view on at least three sides subject to the approval of the City Planner. The method of screening shall be architecturally compatible with the surrounding structures.

§ 17.30.160 Undergrounding of Utilities.

Proposed development, including residential subdivisions, shall provide for the undergrounding of existing and proposed utility facilities in compliance with this Section. The requirements of this Section do not apply to proposed residential parcels larger than three acres, and existing or proposed major electrical transmission lines.

Facilities to be undergrounded. All electric, telecommunications, and cable television lines to be installed on the site to serve a proposed development shall be installed underground from the nearest above-ground utility service, except for equipment appurtenant to underground facilities, including surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts. New poles or overhead lines shall not be allowed. All existing electric, telecommunication, and cable television lines within the site or along streets fronting the site shall be installed underground from the nearest above-ground utility service.

Responsibility of applicant. The applicant is responsible for complying with the requirements of this Section and shall make the necessary arrangements with the affected utility(ies) for facility installation. The review authority may modify or waive the requirements of this Section if the review authority finds topographical, soil, or any other conditions make underground installation unreasonable or impractical. The review authority may also require or accept an improvement fee for the future undergrounding of existing utility lines in lieu of complying with this Section. The amount of the improvement fee shall be determined by the City Engineer after consulting with affected utility companies and special districts based on the costs to underground the required utility lines. In those cases where utilities are not installed underground, utility lines shall be located to minimize visibility in scenic vista areas.

Location of installation. Underground utility lines shall be installed along roadways within street rights-of-way where possible. When installed within street rights-of-way, their location and method of installation shall be done in accordance with the Public Improvements and Engineering Standards.

§ 17.30.170 Vibrations.

The owner of an existing or proposed use which generates vibrations at levels constituting a nuisance, in compliance with State law (Civil Code Sections 3479-3503), shall abate the nuisance, in compliance with Chapter 17.200 (Enforcement).

§ 17.32.010 Purpose of Chapter.

The purpose of this policy is to:

Encourage the development and availability of housing affordable to a broad range of households with varying income levels within City as mandated by State Law, California Government Code Sections 65580 and following;

Promote the City of Jackson's goal to add affordable housing units to the City's housing stock in proportion to the overall increase in new jobs and housing units;

Offset the need for housing that is created by new development, protecting the economic diversity of the City's housing stock and promoting a jobs/housing balance, and in doing so, mitigating environmental and other impacts of traffic, transit and air quality and reducing demands on the region's transportation infrastructure.

§ 17.32.020 Applicability to Residential Development.

For all Residential Developments of 10 or more units, at least 10 percent of the total units must be Inclusionary Units within the development and restricted for occupancy by Low-, Very Low-, or Extremely Low Income Households as defined by the Regional Housing Needs Assessment Tables. The number of Inclusionary Units required for a particular project will be determined only once, at the time of tentative or parcel map approval, or, for developments not processing a map, prior to issuance of a building permit. If a change in the subdivision design results in a change in the total number of units, the number of Inclusionary Units required will be recalculated to coincide with the final approved project.

Calculation. For purposes of calculating the number of affordable units required by this Section, any additional units authorized as a density bonus under California Government Code Section 65915(b)(1) or (b)(2) will not be counted in determining the required number of Inclusionary Units. In determining the number of whole Inclusionary Units required, any decimal fraction less than 0.5 shall be rounded down to the nearest whole number, and any decimal fraction of 0.5 or more shall be rounded up to the nearest whole number.

Type of Inclusionary Units. At least one quarter of the Inclusionary Units (or 2.5 percent of the total development) must be restricted to occupancy by Extremely Low-Income Households. One-quarter of the Inclusionary Units (or 2.5 percent of the total development) must be restricted to occupancy by Very Low-Income Households. An additional one-half of the Inclusionary Units (or 5 percent of the total development) must be restricted to occupancy by Low-Income Households.

Limitation for Rental Projects. The City acknowledges that the published appellate case of Palmer/Sixth Street Properties, L.P. v. City of Los Angeles (2nd Dist. 2009) 175 Cal. App. 4th 1396 holds that the Costa-Hawkins Act (Civil Code §1954.50 et seq.) precludes local governments from requiring a developer to set affordable rent levels for private rental housing unless the developer has agreed to such rental restrictions in exchange for financial assistance or other consideration from the local government. This Section and chapter shall be fully operative at such time that the Palmer case is overturned, disapproved or depublished by a court of competent jurisdiction, or the state legislature amends state law to authorize local governments to require the development and restriction of affordable rental units in the manner set forth in this Section and chapter. Except as expressly limited by the Palmer case, this Section and chapter remain in full force and effect.

§ 17.32.030 Exemptions.

The requirements of this Policy do not apply to:

The reconstruction of any structures that have been destroyed by fire, flood, earthquake or other act of nature provided that the reconstruction of the site does not increase the number of residential units by more than nine.

Housing constructed by other government agencies.

§ 17.32.040 Affordable Housing Standards.

Inclusionary Units built under this Policy must conform to the following standards:

Design. Except as otherwise provided in this Chapter, Inclusionary Units must be comparable in infrastructure (including sewer, water and other utilities), construction quality and exterior design to the Market-rate Residential Units. Inclusionary Units may be smaller in aggregate size and have different interior finishes and features than Market-rate Units so long as the interior features are durable, of good quality and consistent with contemporary standards for new housing. The number of bedrooms should be the same as those in the Market-rate Units, except that if the Market-rate Units provide more than three bedrooms, the Inclusionary Units need not provide more than three bedrooms.

Timing. All Inclusionary Units must be constructed and occupied concurrently with or prior to the construction and occupancy of Market-rate Units or development. In phased developments, Inclusionary Units may be constructed and occupied in proportion to the number of units in each phase of the Residential Development.

Duration of Affordability Requirement. Inclusionary Units produced under this Section must be legally restricted to occupancy by Households of the income levels for which the units were designated for a minimum of 55 years for rental units and 45 years for owner occupied units.

§ 17.32.050 Alternatives.

Developer Proposal. A Developer may propose an alternative means of compliance in an Affordable Housing Plan according to the following provisions.

Off-Site Construction. Inclusionary Units may be constructed off-site if the Inclusionary Units will be located in an area where, based on the availability of affordable housing, the City Manager finds that the need for such units is greater than the need in the area of the proposed development.

Combination. The City Manager may accept any combination of on-site construction and off-site construction.

Discretion. The City Manager may approve, conditionally approve or reject any alternative proposed by a Developer as part of an Affordable Housing Plan. Any approval or conditional approval must be based on a finding that the purposes of this Policy would be better served by implementation of the proposed alternative(s). The decision of the City Manager may be appealed to the City Council within 10 days of the City Manager's decision.

§ 17.32.060 Incentives for Rental and On-Site Housing.

The City may provide one or more of the following incentives to a Developer who elects to satisfy the inclusionary housing requirements of this Policy by producing rental units or owner-occupied housing units on the site of a Residential Development. Special preferences shall be given to projects offering Extremely Low-Income units.

Modified Development Standards to Increase Density. Modification in development or zoning provided that such modifications exceed the minimum building standards provided in the Uniform Building Code that will allow for increased density, including, the following for the development of low income units:

The City may provide a 20 percent increase above the otherwise maximum allowable residential density;

Low income single-family units may reduce the parking requirements to one covered parking space and one uncovered with tandem parking allowed; and

The front yard setback for all low income residential units may be reduced to 10 feet with the exception of the covered parking portion of the structure which must maintain a 25-foot setback from back of sidewalk or curb if there is no sidewalk, to accommodate one additional off-street parking space.

Mixed Use Zoning. Approval of mixed use zoning in conjunction with a Development if such uses are compatible with the existing or planned development in the area where the proposed Development will be located.

Fee Reductions. A 50 percent reduction of fees required by City Schedule of Charges for Special Services and Local Facilities Participation Charges for the portion of the Development devoted to Inclusionary Units. The fee reduction may be up to 75 percent for Extremely Low-Income units.

Financial Assistance. To the extent budgeted by the City Council and otherwise available, financial assistance for the inclusionary housing component of the development in the form of loans or grants from sources as may be available to City.

§ 17.32.070 Compliance Procedures.

General. Approval of an Inclusionary Housing Plan and implementation of an approved Inclusionary Housing Agreement is a condition of any tentative map, parcel map or building permit for any Development for which this Policy applies. This Section does not apply to exempt projects.

Inclusionary Housing Plan. The City Manager shall approve, conditionally approve or reject the Inclusionary Housing Plan within 60 days of the date of a complete application for that approval. If the Inclusionary Housing Plan is incomplete, the Inclusionary Housing Plan will be returned to the Developer along with a list of the deficiencies or the information required. No application for a tentative map, parcel map or building permit to which this Policy applies may be deemed complete until an Inclusionary Housing Plan is submitted to the City Manager. At any time during the review process, the City Manager may require from the Developer additional information reasonably necessary to clarify and supplement the application or determine the consistency of the proposed Inclusionary Housing Plan with the requirements of this Policy. The Inclusionary Housing Plan must include:

The location, structure (attached, semi-attached, or detached), proposed tenure (for sale or rental), and size of the proposed market-rate, commercial space and/or Inclusionary Units and the basis for calculating the number of Inclusionary Units;

A floor or site plan depicting the location of the Inclusionary Units;

The income levels to which each Inclusionary Unit will be made affordable;

The mechanisms that will be used to assure that the units remain affordable for the desired term, such as resale and rental restrictions, deeds of trust, and rights of first refusal and other documents;

For phased Development, a phasing plan that provides for the timely development of the number of Inclusionary Units proportionate to each proposed phase of development;

A description of any incentives that are requested of City; and

Any other information reasonably requested by the City Manager to assist with evaluation of the Plan under the standards of this Policy.

Inclusionary Housing Agreement. The forms of the Inclusionary Housing Agreement, resale and rental restrictions, deeds of trust, rights of first refusal and other documents authorized by this Policy, and any change in the form of any such document which materially alters any requirement in the document, must be approved by the City Manager or his/her designee prior to being executed with respect to any Residential Development or Affordable Housing Proposals. The form of the Inclusionary Housing Agreement will vary, depending on the manner in which the provisions of this Policy are satisfied for a particular development. All Inclusionary Housing Agreements must include, at minimum, the following:

Description of the development, including whether the Inclusionary Units will be rented or owner-occupied;

The number, size and location of Extremely Low-, Very Low-, and Low-Income Units;

Inclusionary incentives by the City, including the nature and amount of any local public funding (if any);

Provisions and/or documents for resale restrictions, deeds of trust, rights of first refusal or rental restrictions;

Provisions for monitoring the ongoing affordability of the units, and the process for qualifying prospective resident Households for income eligibility; and

Any additional obligations relevant to the compliance with this Policy.

Recording of Agreement. Inclusionary Housing Agreements that are acceptable to the City Manager must be recorded against owner-occupied Inclusionary Units and residential projects containing rental Inclusionary Units. Additional rental or resale restrictions, deeds of trust, rights of first refusal and/or other documents acceptable to the City Manager must also be recorded against owner-occupied Inclusionary Units. Such items must be approved as to form by the City Attorney. In cases where the requirements of this Policy are satisfied through the development of Off-Site Units, the Inclusionary Housing Agreement must simultaneously be recorded against the property where the Off-Site Units are to be developed.

§ 17.32.080 Eligibility for Inclusionary Units.

General Eligibility. No Household may occupy an Inclusionary Unit unless the City or its designee has approved the Household's eligibility, or has failed to make a determination of eligibility within the time or other limits provided by an Inclusionary Housing Agreement or resale restriction. If the City has failed to identify a Household as an eligible buyer for the initial sale of an Inclusionary Unit that is intended for owner-occupancy 90 days after the unit receives a completed final inspection for occupancy, upon 90 additional days' notice to the City and on satisfaction of such further conditions as may be included in City-approved restrictions (which may include a further opportunity to identify an eligible buyer), the owner may sell the unit at a market price, and the unit will not be subject to any requirement of this Policy thereafter.

Conflict of Interest. The following individuals are ineligible to purchase or rent an Inclusionary Unit: (1) City employees and officials (and their immediate family members) who have policy-making authority or influence regarding City housing programs and do not qualify as having a remote interest as provided by California Government Code Section 1091; (2) the Project Applicant and its officers and employees (and their immediate family members); and (3) the Project Owner and its officers and employees (and their immediate family members).

Occupancy. Any Household who occupies a rental Inclusionary Unit or purchases an Inclusionary Unit must occupy that unit as a principal residence.

§ 17.32.090 Owner-Occupied Units.

Initial Sales Price. The initial sales price of the Inclusionary Unit must be set so that the eligible Household will pay an Affordable Ownership Cost.

Transfer. Renewed restrictions will be entered into on each change of ownership, with a 45-year renewal term, upon transfer of an owner-occupied Inclusionary Unit prior to the expiration of the 45-year affordability period.

Resale. The maximum sales price permitted on resale of an Inclusionary Unit designated for owneroccupancy shall be the lower of: (1) fair market value or (2) to the extent authorized in any resale restrictions or operative Inclusionary Housing Agreement, sellers may recover at time of sale the market value of capital improvements made by the seller and the seller's necessary and usual costs of sale up to the percent increase in the Area Median Income, and may authorize an increase in the maximum allowable sales price to achieve such recovery.

Changes in Title. Title in the Inclusionary Unit may change due to changes in circumstance, including death, marriage and divorce. Except as otherwise provided by this Policy, if a change in title is occasioned by events that changes the financial situation of the Household so that it is no longer incomeeligible, then the property must be sold to an income-eligible Household within 180 days. Upon the death of one of the owners, title in the property may transfer to the surviving joint tenant without respect to the income-eligibility of the Household. Upon the death of a sole owner or all owners and inheritance of the Inclusionary Unit by a non-income-eligible child or stepchild of one or more owners, there will be a one year compassion period between the time when the estate is settled and the time when the property must be sold to an income-eligible Household. Inheritance of an Inclusionary Unit by any other person whose Household is not income-eligible shall require resale of the unit to an income-eligible Household as soon as is feasible but not more than 180 days.

§ 17.32.100 Rental Units.

Rental units will be offered to eligible Households at an Affordable Rent. The owner of rental Inclusionary Units shall certify each tenant Household's income to the City or City's designee at the time of initial rental and annually thereafter. The owner must obtain and review documents that demonstrate the prospective renter's total income, such as income tax returns or W-2s for the previous calendar year, and submit such information on a form approved by the City.

Selection of Tenants. The owners of rental Inclusionary Units may fill vacant units by selecting income-eligible Households from an application list maintained by the City or City's designee. Priority will be given to current residents and employees of businesses within the City of Jackson. Alternatively, owners may fill vacant units through their own selection process, provided that they publish notices of the availability of Inclusionary Units according to guidelines established by the City Manager.

Annual Report. The owner shall submit an annual report summarizing the occupancy of each Inclusionary Unit for the year, demonstrating the continuing income-eligibility of the tenant. The City Manager may require additional information if he or she deems it necessary.

Subsequent Rental to Income-Eligible Tenant. The owner shall apply the same rental terms and conditions to tenants of Inclusionary Units as are applied to all other tenants, except as required to comply with this Policy (for example, rent levels, occupancy restrictions and income requirements) or with other applicable government subsidy programs. Discrimination against persons receiving housing assistance is prohibited.

§ 17.34.010 Statutory Authorization.

The Legislature of the State of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local government units authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. The City Council of the City of Jackson does adopt the following floodplain management regulations.

§ 17.34.020 Findings of Fact.

The flood hazard areas of the City are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

These flood losses are caused by uses that are inadequately elevated, floodproofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities also contribute to the flood loss.

§ 17.34.030 Statement of Purpose.

It is the purpose of this Chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

Protect human life and health;

Minimize expenditure of public money for costly flood control projects;

Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

Minimize prolonged business interruptions;

Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard;

Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage;

Ensure that potential buyers are notified that property is in an area of special flood hazard; and

Ensure that those who occupy areas of special flood hazard assume responsibility for their actions.

§ 17.34.040 Methods of Reducing Flood Losses.

In order to accomplish the above purpose, this Chapter includes methods and provisions to:

Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damage increases in erosion or flood heights or velocities;

Require that uses vulnerable to floods, including facilities which serve the uses, be protected against flood damage at the time of initial construction;

Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;

Control, file, grade, dredge and other development which may increase flood damage; and

Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.

§ 17.34.050 Definitions.

Unless specifically defined below, words or phrases used in this Chapter shall be interpreted so as to give them the meaning they have in common usage and to give this Chapter its most reasonable application.

"Accessory use"

means a use which is incidental and subordinate to the principle use of the parcel of land on which it is located.

"Alluvial fan"

means a geomorphologic feature characterized by a cone or fan-shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors. These deposits are subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration.

"Apex"

means the point of highest elevation on an alluvial fan, which on undisturbed fans is generally the point where the major stream that formed the fan emerges from the mountain front.

"Appeal"

means a request for a review of the floodplain administrator's interpretation of any provision of this Chapter.

"Area of shallow flooding"

means a designated AO or AH zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

"Area of special flood-related erosion hazard"

is the land within a community which is most likely to be subject to severe flood-related erosion losses. The area may be designated as Zone E on the Flood Insurance Rate Map (FIRM).

"Area of special flood hazard"

See "Special flood hazard area."

"Area of special mudslide (i.e., mudflow) hazard"

is the area subject to severe mudslides (i.e., mudflows). The area is designated a Zone M on the Flood Insurance Rate Map (FIRM).

"Base flood"

means a flood which has a one percent chance of being equaled or exceeded in any given year (also called the "one-hundred-year flood"). Base flood is the term used throughout this Chapter.

"Base Flood Elevation (BFE)"

is the water surface elevation of the floodplain generated by the base flood at the area of interest as presented in the current Flood Insurance Study and the Flood Insurance Rate Map (FIRM) published by FEMA for the City of Jackson.

"Basement"

means any area of the building having its floor subgrade, i.e. below ground level, on all sides.

"Breakaway walls"

are any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building. These walls are designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by flood waters. A breakaway wall shall have a safe design loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions:

Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and

The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood.

"Building"

—See "Structure."

"Development"

means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations or storage of equipment or materials.

"Encroachment"

means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures, or development into a floodplain which may impede or alter the flow capacity of a floodplain.

"Existing manufactured home park or subdivision"

means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

"Expansion to an existing manufactured home park or subdivision"

means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

"Fill"

means material from any source placed, or proposed to be placed, within FEMA designated floodplain boundaries. Material that has been placed before the date of the first National Flood Insurance Program (NFIP) map (February 1990, National Flood Insurance Program map) showing the area in a Special Flood Hazard Area (SFHA) is considered natural grade by FEMA.

"Flood," "flooding," "flood water"

means:

A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and/or mudslides (i.e., mudflow)—see "Mudslides"; and

The condition resulting from flood-related erosion; see "Flood-related erosion."

"Flood Boundary and Floodway Map (FBFM)"

means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway.

"Flood Hazard Boundary Map"

means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated the areas of flood hazards.

"Flood Insurance Rate Map (FIRM)"

means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

"Flood Insurance Study"

means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.

"Floodplain" or "flood-prone area"

means any land area susceptible to being inundated by water from any source; see "flooding."

"Floodplain administrator"

is the individual appointed to administer and enforce the floodplain management regulations.

"Floodplain management"

means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.

"Floodplain management regulations"

means this Chapter and other zoning ordinance, subdivision regulations, building codes, health regulations, special purpose ordinance (such as grading and erosion control) and other application of entitlements which control development in flood-prone areas. This term describes Federal, State or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage.

"Floodproofing"

means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents.

"Flood-related erosion"

means the collapse or subsidence of land along the shore of any body of water as a result of undermining caused by water exceeding anticipated cyclical levels. This occasion of unusually high water level in a natural body of water can be the result of a severe storm, or by an unanticipated force of nature, such as a flash flood accompanied by a severe storm, an unanticipated force of nature, such as a flash flood or a similarly unusual and unforeseeable event which results in flooding.

"Flood-related erosion area" or "flood-related erosion prone area"

means a land area adjoining the shore of a lake or other body of water, which due to the composition of the shoreline or bank and high water levels or wind-driven currents, is likely to suffer flood-related erosion damage.

"Flood-related erosion area management"

means the operation of an overall program of corrective and preventive measures for reducing flood-related erosion damage, including but not limited to emergency preparedness plans, flood-related erosion control works, and floodplain management regulations.

"Floodway"

means that area inside the floodplain, centered more or less about the watercourse thread, the width of which is presented in the current Flood Insurance Study (FIS) and the limits of which are shown on the current Flood Insurance Rate Map (FIRM). Within this area encroachment is permitted unless it can be proven by accepted engineering methods that the encroachment will not increase the water surface elevation of the floodway.

"Floodway encroachment lines"

means the lines marking the limits of floodways on Federal, State and local floodplain maps.

"Floodway fringe"

means that area of the floodplain on either side of the "regulatory floodway" where encroachment may be permitted.

"Fraud and victimization"

as related to Sections 17.34.260 through 17.34.080 of this Chapter, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the Jackson City Council will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for 50 to 100 years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.

"Functionally dependent use"

means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water.

"Governing body"

means the local government unit, i.e. county or municipality, that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry.

"Hardship"

as related to Sections 17.34.260 through 17.34.280 of this Chapter, means the exceptional hardship that would result from a failure to grant the requested variance. The City Council requires that the variance be exceptional, unusual, and specific to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, requires the property owner to build elsewhere, to use the parcel differently than originally intended.

"Highest adjacent grade"

means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

"Historic structure"

means any structure that is:

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

Individually listed on a State inventory of historic places in States with historic preservation programs which have been approved by the Secretary of the Interior; or

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved State program as determined by the Secretary of the Interior in States with approved programs.

"Levee"

means a manmade structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.

"Levee system"

means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices.

"Lowest Adjacent Grade (LAG)"

means that lowest ground elevation that is adjacent to and touching the footings of an existing or proposed structure.

"Lowest floor"

means the lowest floor of the lowest enclosed area including basement. An unfinished or flood resistant enclosure, useable solely for parking of vehicles, building access or storage in an area other than a basement area (see "basement"). This floor shall not be the structure's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this Chapter. (Note: This definition allows attached garages to be built at grade. Below grade garages are not allowed as they are considered to be basements.)

"Manufactured home"

means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."

"Manufactured home park or subdivision"

mean a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

"Mean sea level"

means for the purpose of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.

"Mudslide"

(i.e., mudflow) describes a condition where there is a river, flow or inundation of liquid mud down a hillside, usually as a result of a dual condition of loss of brush cover and the subsequent accumulation of water on the ground, preceded by a period of unusually heavy or sustained rain.

"Mudslide (i.e., mudflow) prone area"

means an area with land surfaces and slopes of unconsolidated material where the history, geology, and climate indicate a potential for mudflow.

"New construction"

for floodplain management purposes, means structures for which the "start of construction" commenced on or after the effective date of floodplain management regulations adopted by this community, and includes any subsequent improvements to such structures.

"New manufactured home park or subdivision"

means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by this community.

"Obstruction"

includes, but is not limited to, any dam, wall, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.

"One-hundred-year flood"

—See "base flood."

"Principal structure"

means a structure used for the primary use distinguished from an accessory use.

"Public safety and nuisance"

as related to Sections 17.34.260 through 17.34.280 of this Chapter, means the granting of a variance must not result in anything that is injurious to the safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.

"Recreational vehicle"

means a vehicle which is:

Built on a single chassis;

Four hundred square feet or less when measured at the largest horizontal projection;

Designed to be self-propelled or permanently towable by a light-duty truck; and

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

"Regulatory floodway"

means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

"Riverine"

means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

"Sheet flow area"

—see "area of shallow flooding."

"Special flood hazard area (SFHA)"

means an area having special flood, mudslide (i.e. mudflow), or floodrelated erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, A1-A30, AE, A99, AH, E, M, V1-V30, VE or V.

"Start of construction"

includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, installation of piles, construction of columns or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include the following: land preparation, such as clearing, grading, and filling; the installation of streets and/or walkways; excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

"Structure"

means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home.

"Substantial damage"

means damage of any origin sustained by a structure whereby the cost of restoring the structure to its predamaged condition would equal or exceed 50 percent of the market value of the structure.

"Substantial improvement"

means any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not include either:

Any project for improvement of a structure to correct existing violations or State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are necessary to assure safe living conditions; or

Any alteration of a "historic structure," provided the alteration will not preclude the structure's continued designation as a "historic structure."

"Variance"

means a grant of relief from the requirements of this Chapter which permits construction in a manner that would otherwise be prohibited by this ordinance.

"Water surface elevation"

means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

"Watercourse"

means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

"Zone A"

means Special Flood Hazard Area with no base flood elevations.

"Zone A1-A30"

means Special Flood Hazard Area with base flood elevations.

"Zone AH"

means Special Flood Hazard Area with flood depths of one to three feet (usually areas of ponding); base flood elevations determined.

"Zone AO"

means Special Flood Hazard Area with flood depths of one to three feet (usually sheet flow on sloping terrain); average depths determined. For areas of alluvial fan flooding, velocities also determined.

"Zone A99"

means Special Flood Hazard Area to be protected from the 100-year flood by a Federal flood protection system under construction; no base flood elevations determined.

"Zone AR"

means Special Flood Hazard Area that results from the decertification of a previously accredited flood protection system that is determined to be in the process of being restored to provide a 100-year or grater level of flood protection.

"Zone B"

means areas between the limits of the 100-year and 500-year flood; or certain areas subject to 100-year flooding with average depths less than one foot or where contributing drainage area is less than one square mile; or areas protected by levees from the 100-year flood.

"Zone C"

means areas of minimal flooding.

"Zone D"

means areas of undetermined, but possible flood hazards.

"Zone V"

means Coastal Special Flood Hazard Areas with velocity hazard (wave action); no base flood elevations determined.

"Zone V1-V30"

means Coastal Special Flood Hazard Areas with velocity hazard (wave action) and base flood elevations.

"Zone VE"

means Coastal Special Flood Hazard Area with velocity hazard (wave action) and base flood elevations.

"Zone X (shaded)"

means areas of 500-year flood; areas of 100-year flood with average depths less than one foot or where contributing drainage area is less than one square mile; or areas protected by levees from the 100-year flood.

"Zone X (unshaded)"

means areas determined to be outside the 500-year floodplain.

FEMA Acronyms for Changes and Amendments to the FIRM.

"Conditional Letter of Map Amendment (CLOMA)"

a letter from FEMA stating that a proposed structure(s) that is not to be elevated by fill (natural grade) would not be inundated by the base flood if built as proposed.

"Conditional Letter of Map Revision (CLOMR)"

a letter from FEMA commenting on whether a proposed project, if built as proposed, would justify a map revision, or proposed hydrology changes.

"Conditional Letter of Map Revision due to Fill (CLOMR-F)"

a letter from FEMA stating that a parcel of land or proposed structure(s) that will be elevated by fill would not be inundated by the base flood if fill is placed on the parcel as proposed or the structure(s) is built as proposed.

"Letter of Map Amendment (LOMA)"

a letter from FEMA stating that an existing structure(s) or parcel of land that has not been elevated by fill (natural grade) would not be inundated by the base flood.

"Letter of Map Change (LOMC)"

a letter from FEMA to revise or amend the flood hazard information shown on the FIRM or DFIRM without requiring the FIRM or DFIRM to be physically revised and republished.

"Letter of Map Revision (LOMR)"

a letter from FEMA officially revising the current NFIP map to show the changes to the floodplain, regulatory floodway, or flood elevations.

"Letter of Map Revision due to Fill (LOMR-F)"

a letter from FEMA stating that an existing structure(s) or parcel of land that has been elevated by fill would not be inundated by the base flood.

§ 17.34.060 Lands to Which This Chapter Applies.

This Chapter shall apply to all areas of special flood hazards within the jurisdiction of the City of Jackson.

§ 17.34.070 Basis for Establishing the Areas of Special Flood Hazard.

The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) dated 09/28/90 and accompanying Flood Insurance Rate Maps (FIRMs), dated 09/28/90, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this Chapter. This FIS and attendant mapping is the minimum area of applicability of this Chapter and may be supplemented by studies for other areas which allow implementation of this Chapter and which are recommended to the City Council by the floodplain administrator. The study, FIRMs and FNFMs are on file at the Jackson City Office, City Hall, 33 Broadway, Jackson, California.

§ 17.34.080 Compliance.

No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this Chapter and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the City Council from taking such lawful action as is necessary to prevent or remedy any violation.

§ 17.34.090 Abrogation and Greater Restrictions.

This Chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions; however, where this Chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

§ 17.34.100 Interpretation.

In the interpretation and application of this Chapter, all provisions shall be:

Considered as minimum requirements;

Liberally construed in favor of the governing body; and

Deemed neither to limit nor repeal any other powers granted under State statutes.

§ 17.34.110 Warning and Disclaimer of Liability.

The degree of flood protection required by this Chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This Chapter does not imply that land outside the areas of special flood hazards, or uses permitted within these areas will be free from flooding or flood damages. This Chapter shall not create liability on the part of the City Council, any officer or employee thereof, the State of California, or the Federal Insurance Administration, Federal Emergency Management Agency, for flood damages that result from reliance on this Chapter or any administrative decision lawfully made hereunder.

§ 17.34.120 Severability.

This Chapter and the various parts thereof are hereby declared to be severable. Should any section of this Chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.

§ 17.34.130 Establishment of Development Permit.

A development permit shall be obtained before any construction or other development begins within any area of special flood hazard established in Section 17.34.070 (Basis for Establishing the Areas of Special Flood Hazard). Application for a development permit shall be made on forms furnished by the floodplain administrator and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:

Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures in Zone AO, elevation of highest adjacent grade and proposed elevation of lowest floor of all structures; or

Proposed elevation in relation to mean sea level to which any structure will be floodproofed, if required in Section 17.34.170(C)(3) (Standards of Construction); and

All appropriate certifications listed in Section 17.34.150(D) (Duties and Responsibilities of the Floodplain Administrator) of this Chapter; and

Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

§ 17.34.140 Designation of the Floodplain Administrator.

The City Manager or his/her designee shall be the floodplain administrator and shall have the authority to administer, implement and enforce this Chapter by granting or denying development permits in accord with its provisions.

§ 17.34.150 Duties and Responsibilities of the Floodplain Administrator.

The duties and responsibilities of the floodplain administrator shall include, but not be limited to, the following.

Permit Review. Review all development permits to determine that:

Permit requirements of this Chapter have been satisfied;

All other required State and Federal permits have been obtained;

The site is reasonably safe from flooding; and

The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this Chapter, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one foot at any point.

Review and Use of Any Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 17.34.070 (Basis for Establishing the Areas of Special Flood Hazard), the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal or State agency, or other source, in order to administer Sections 17.34.170 through 17.34.250. Any such information shall be submitted to the City Council for adoption.

Notification of Other Agencies. In alteration or relocation of a watercourse:

Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;

Submit evidence of such notification to the Federal Insurance Administration, Federal Emergency Management Agency; and

Assure that the flood-carrying capacity within the altered or relocated portion of said watercourse is maintained.

Documentation for Floodplain Development. Obtain and maintain for public inspection and make available as needed the following:

Certification required by Section 17.34.170(C)(1) (floor elevations);

Certification required by Section 17.34.170(C)(2) (elevation or floodproofing of nonresidential structures);

Certification required by Section 17.34.170(C)(3) (wet floodproofing standard);

Certification of elevation required by Section 17.34.190(B) (subdivision standards);

Certification required by Section 17.34.220(A) (floodway encroachments);

Information required by Section 17.34.230(F) (coastal construction standards); and

Reports required by Section 17.34.240(D) (mudflow standards).

Map Determinations. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard, for example, where there appears to be a conflict between a mapped boundary and actual field conditions. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Sections 17.34.260 through 17.34.280.

Remedial Action. Take action to remedy violations of this Chapter as specified in Section 17.34.080 (Compliance).

§ 17.34.160 Appeals.

The City Council shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of this Chapter.

§ 17.34.170 Standards of Construction.

In all areas of special flood hazards the following standards are required:

Anchoring.

All new construction and substantial improvements shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

All manufactured homes shall meet the anchoring standards of Section 17.34.200 (Standards for Manufactured Homes).

Construction Materials and Methods. All new structures and substantial improvement shall be constructed:

With materials and utility equipment resistant to flood damage;

Using methods and practices that minimize flood damage;

With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and if

Within Zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures.

Elevation and Floodproofing. (See Section 17.34.050 (Definitions) for "new construction," "substantial damage" and "substantial improvement."

Residential construction, new or substantial improvement, shall have the lowest floor, including basement:

In an AO zone, elevated above the highest adjacent grade to a height equal to or exceeding the depth number specified in feet on the Flood Insurance Rate Map (FIRM), or elevated at least two feet above the highest adjacent grade if no depth number is specified. The State of California recommends that the lowest flood be elevated above the highest adjacent grade if no depth number is specified.

In an A zone, elevated to or above the base flood elevation, as determined by this community. The State of California recommends the lowest floor be elevated at least one foot above the base flood elevation, as determined by the Building Official.

In all other zones, elevated to or above the base flood elevation. The State of California recommends the lowest floor be elevated at least one foot above the base flood elevation. Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, or verified by the Building Official to be properly elevated. Such certification or verification shall be provided to the floodplain administrator.

Nonresidential construction shall either be elevated to conform with Section 17.34.170(C)(1) (floor elevations) or together with attendant utility and sanitary facilities:

Be floodproofed below the elevation recommended under Section 17.34.170(C)(1) (floor elevations) so that the structure will not sustain damage due to the passage of water;

Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

Be certified by a registered professional engineer or architect that the standards of this Section are satisfied. Such certification shall be provided to the floodplain administrator.

All new construction and substantial improvement with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must exceed the following minimum criteria:

Be certified by a registered professional engineer or architect; or

Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration, Federal Emergency Management Agency; or

Have a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than one food above grade. Openings may be equipped with screen, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater.

Manufactured homes shall also meet the standards in Section 17.34.200 (Floodways).

§ 17.34.180 Standards for Utilities.

All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate:

Infiltration of flood waters into the system; and

Discharge from systems into floodwaters.

On-site waste disposal systems in the floodwaters shall be located to avoid impairment to them or contamination from them during flooding.

§ 17.34.190 Standards for Subdivisions.

All preliminary subdivision proposals shall identify the flood hazard area and the level of the base flood.

All subdivision plans will provide the elevation of proposed structure(s) and pad(s). If the site is filled above the base flood elevation, the final first floor and pad elevations shall be certified by a registered professional engineer or surveyor and provided to the floodplain administrator.

All subdivision proposals shall be consistent with the need to minimize flood damage.

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.

§ 17.34.200 Standards for Manufactured Homes.

All manufactured homes that are placed or substantially improved, within Zones A1-30, AH, and AE on the community's Flood Insurance Rate Map, on sites located:

Outside of a manufactured home park or subdivision;

In a new manufactured home park or subdivision;

In an expansion to an existing manufactured home park or subdivision; or

In an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation (the State of California recommends at least one foot above the base flood elevation) and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and later movement.

All manufactured homes that are placed or substantially improved on sites located within Zones V1-30, V, and VE on the community's Flood Insurance Rate Map will meet the requirements of Section 17.34.200(A).

All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1-30, AH, AE, V1-30, V, and VE on the community's Flood Insurance Rate Map that are not subject to the provisions of paragraph 17.20.200(A) will be elevated so that either:

Lowest floor of the manufactured home is at or above the base flood elevation (the State of California recommends at least one foot above the base flood elevation); or

Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are not less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and later movement.

§ 17.34.210 Standards for Recreational Vehicles.

All recreational vehicles placed on sites within Zones A1-30, AH, and AE on the community's Flood Insurance Rate Map will either:

Be on the site for fewer than 180 consecutive days;

Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or

Meet the permit requirements of Sections 17.34.130 through 17.34.160 of this Chapter and the elevation and anchoring requirements for manufacture homes in Section 17.34.200(A).

Recreational vehicles placed on sites within Zones V1-30, V, and VE on the community's Flood Insurance Rate Map will meet the requirements of Section 17.34.210(A).

§ 17.34.220 Floodways.

Locations within areas of special flood hazard established in Section 17.34.070 (Basis for Establishing the Areas of Special Flood Hazard) are designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply.

Prohibit encroachments, including fill, new construction, substantial improvement, and other new development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in (the base) flood elevation during the occurrence of the base flood discharge.

If subsection A is satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of Sections 17.34.170 (Standards of Construction) through 17.34.250 (Flood-related Erosion-Prone Areas).

§ 17.34.240 Mudslide Prone Areas.

The floodplain administrator shall review permits for proposed construction of other development to determine if it is proposed within a mudslide area.

Permits shall be reviewed to determine that the proposed site and improvement will be reasonably safe from mudslide hazards. Factors to be considered in making this determination include, but are not limited to, the:

Type and quality of soils;

Evidence of groundwater or surface water problems;

Depth and quality of any fill;

Overall slope of the site; and

Weight that any proposed development will impose on the slope.

Within areas which may have mudslide hazards, the floodplain administrator shall require that:

A site investigation and further review be made by persons qualified in geology and soils engineering;

The proposed grading, excavation, new construction, and substantial improvement be adequately designed and protected against mudslide damages;

The proposed grading, excavation, new construction, and substantial improvement not aggravate the existing hazard by creating either on-site or off-site disturbances; and

Drainage, planting, watering, and maintenance not endanger slope stability.

§ 17.34.250 Flood-Related Erosion-Prone Areas.

The floodplain administrator shall require permits for proposed construction and other development within all flood-related, erosion-prone areas identified by the community.

Permit applications shall be reviewed to determine whether the proposed site alterations and improvements will be reasonably safe from flood-related erosion and will not cause flood-related erosion hazards or otherwise aggravate the existing hazard.

If a proposed improvement is found to be in the path of flood-related erosion or would increase the erosion hazard, such improvement shall be relocated or adequate protective measures shall be taken to avoid aggravating the existing erosion hazard.

Within Zone E on the Flood Insurance Rate Map, a setback is required for all new development from a body of water to create a safety buffer consisting of a natural vegetative or contour strip. This buffer shall be designated according to the flood-related erosion hazard and erosion rate, in relation to the anticipated "useful life" of structures, and depending upon the geologic, hydrologic, topographic, and climatic characteristics of the land. The buffer may be used for suitable open space purposes, such as for agricultural, forestry, outdoor recreation and wildlife habitat areas, and for other activities using temporary and portable structures only.

§ 17.34.260 Nature of Variance.

The variance criteria set forth in this Section are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this ordinance would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.

It is the duty of the City Council to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare. The long term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this Chapter are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.

§ 17.34.270 Variance - Appeal Board.

In passing upon requests for variance, the City Council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this Chapter, and the:

Danger that materials may be swept onto other lands to the injury of others;

Danger of life and property due to flooding or erosion damage;

Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property;

Importance of the services provided by the proposed facility to the community;

Necessity to the facility of a waterfront location, where applicable;

Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

Compatibility of the proposed use with existing and anticipated development;

Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

Safety of access to the property in time of flood for emergency vehicles;

10.

Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and

11.

Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges.

Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that:

The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for each $100 of insurance coverage; and

Such construction below the base flood level increases risks to life and property. It is recommended that a copy of the notice shall be recorded by the floodplain administrator in the office of the County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

The floodplain administrator will maintain a record of all variance actions, including justification for their issuance, and report such variance issued in its biennial report submitted to the Federal Insurance Administration and Federal Emergency Management Agency.

§ 17.34.280 Conditions for Variances.

Generally, variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of Sections 17.34.130 through 17.34.250 have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

Variances may be issued for the repair or rehabilitation of "historic structures" (as defined in Section 17.34.050 Definitions) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

Variance shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.

Variances shall only be issued upon a determination that the variance is the "minimum necessary" considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this ordinance. For example, in the case of variances to an elevation requirement, this means the governing body need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the governing body believes will both provide relief and preserve the integrity of the local ordinance.

Variances shall only be issued upon a:

Showing of good and sufficient cause;

Determination that failure to grant the variance would result in exceptional "hardship" (as defined in Section 17.34.050 Definitions) to the applicant; and

Determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance (as defined in Section 17.34.050 Definitions—see "public safety or nuisance"), cause fraud or victimization (as defined in Section 17.34.050 Definitions) of the public, or conflict with existing local laws or ordinances.

Variances may be issued for new construction, substantial improvement, and other proposed development necessary for the conduct of a functionally dependent use provided that the provisions of subsections A and through E are satisfied and that the structure or other development is protected by methods that minimize flood damage during the base flood and does not result in additional threats to public safety and does not create a public nuisance.

Upon consideration of the factors of Section 17.34.270(C) and the purposes of this Chapter, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Chapter.

§ 17.36.010 Purpose of Chapter.

This Chapter establishes regulations for development within hillside areas in order to:

Preserve and protect the views to and from hillside areas in order to maintain the identity, image and environmental quality of the City of Jackson;

Ensure that development in the hillside areas is concentrated on the most level portions of the site, is in locations with the least environmental impact, and is designed to fit the existing landforms;

Preserve significant features of the natural topography, including swales, canyons, knolls, ridgelines, and rock outcrops;

Correlate intensity of development with the steepness of terrain in order to minimize the impact of grading, unnecessary removal of vegetation, land instability, and fire hazards; and

Provide alternative approaches to conventional flat land development practices by achieving land use patterns and intensities that are consistent with the natural characteristics of hillside areas including slopes, land form, vegetation and scenic quality.

§ 17.36.020 Applicability.

Hillside area. The standards of this Chapter apply to all existing and proposed lots, uses, subdivisions, and structures proposed on development sites with an average slope of 10 percent or greater or on development sites with any slopes of 20 percent or greater; except that single-family dwellings, secondary residential units, duplexes, and residential accessory structures shall be exempt from the provisions of this Chapter.

Basis for slope determinations. For the purpose of this Chapter, slope shall be computed on the natural slope of the land before grading is commenced, as determined from a topographic map having a scale of not less than one inch equals 100 feet and a contour interval of not more than five feet. See Chapter 17.220 (Definitions, Glossary) for definitions on simple slope and complex slope and how to measure slope.

Use Permit required. Hillside developments (other than subdivisions) with any improvements, including roads, streets, and driveways, proposed on slopes of 20 percent or greater shall be subject to the approval of a Use Permit in compliance with Chapter 17.76 (Use Permits and Minor Use Permits). A soil and geotechnical study that identifies special constraints and mitigation measures to minimize grading, unstable soils, and erosion shall accompany the use permit application. The geotechnical study shall also analyze the landslide hazards of the site and their potential effect.

§ 17.36.030 Application Content.

Land use permit and subdivision applications for projects proposed within hillside areas shall include all information and materials required by Section 17.70.040 (Application Preparation and Filing), and all additional information required by the City Planner on the basis of site topography.

§ 17.36.040 Standards for Hillside Development.

Minimum lot area. The minimum lot area for new subdivisions in hillside areas shall be determined by the applicable zoning district, except where housing units are clustered and the project is approved as a Planned Development in compliance with Chapter 17.78 (Planned Developments).

Clustered development required. Proposed hillside development shall be clustered in compliance with Chapter 17.46 (Open Space/Cluster Requirements).

Preservation of steep slopes. Slopes of 30 percent or greater shall be permanently preserved as open space. Permanent open space areas may be used in compliance with Section 17.46.060 (Open Space Standards). Grading, structures, and/or streets on slopes exceeding 20% shall be avoided if there is sufficient area on the site with slopes less than 20% to accommodate development and streets. The Planning Commission may authorize grading and structures on slopes exceeding 30% only if the Commission finds there is not sufficient area on the parcel with slopes less than 30% to accommodate a reasonable development, and measures have been incorporated into the development to minimize disturbance of the terrain (e.g. use of stem walls, split foundations).

Setbacks between structures and slopes. Proposed structures shall be set back from slopes as follows, based on the difference in the vertical elevation between adjoining parcels. The difference in vertical elevation shall be measured as shown in Figure 3-9. (See Figure 3-9, Slope Setbacks)

Figure 3-9 Slope Setbacks

On adjacent parcels having a difference in vertical elevation of three feet or more, the required side yard shall be measured from the toe or top of slope to a structure, whichever is nearer.

On adjacent parcels having a difference in vertical elevation of six feet or more, the minimum distance between the toe or top of the slope, whichever is nearer, and a main structure shall be 15 feet. Greater setbacks may be required when elevation changes greater than six feet are proposed.

Height limits. The height of structures in a hillside area shall not exceed the maximum established by the applicable zoning district. Measurement of structure height shall be as provided in Section 17.30.090 (Height Measurement and Height Limit Exceptions). Lesser heights may be required where the structure may impair prominent views to or from hillside areas or ridgelines or where a proposed structure's height intrudes on the flow of adjacent houses and roof lines.

Grading and drainage.

Grading shall be designed to:

Conserve natural topographic features and appearances by minimizing the amount of cut and fill and by means of landform grading to blend graded slopes and benches with the natural topography; and

Retain major natural topographic features (i.e., canyons, knolls, ridgelines, and landmarks).

Grading plans shall identify slopes that are to be landform graded. "Landform grading" means a contour grading method that creates artificial slopes with curves and varying slope ratios in the horizontal plane designed to simulate the appearance of the surrounding natural terrain. (See Figure 3-10, Landform Grading)

Figure 3-10 Landform Grading

Lot pad grading for subdivisions shall be limited to the structure footprint, vehicle parking space and a yard area as shown on the approved grading plan. Lot pad grading shall be reviewed and approved as part of the subdivision process. Pads shall not exceed 5,000 square feet in total area. Smaller pad areas may be required to preserve natural vegetation, landforms, rock outcroppings, etc.

Cut and fill slopes shall be designed and constructed to not exceed a vertical height of 10 feet, unless the review authority approves slopes of greater height with benching, terracing, and/or the use of retaining walls.

All graded areas shall be protected from wind and water erosion. Interim erosion control plans shall be required, certified by the project engineer, and reviewed and approved by the City Engineer. Permanent erosion control measures in accordance with standard Best Management Practices shall be required.

Slopes created by grading shall not exceed a ratio of 2:1 (horizontal: vertical), except where the City Engineer determines that a greater slope is appropriate, based on a soils report and stabilization study.

§ 17.36.050 Design Criteria for Hillside Development.

The following design criteria shall be implemented in the design and construction of projects on hillsides whenever applicable:

Preservation of topography. The natural contour of the site is an important characteristic of the site, and new buildings should try to minimize alterations to the perceived slope of the area. Site grading should be sensitive to existing landforms and topography so that the natural setting may be preserved to the greatest extent possible. Every effort should be made to minimize the limits of construction on the site, and all stockpiling of materials and equipment and equipment storage should occur within those limits. Abrupt grade changes on property lines should not be permitted. Grade changes within tree driplines should be avoided.

Terrain alteration. The project shall be designed to fit the terrain rather than altering the terrain to fit the project. Development patterns which form visually protruding horizontal bands or steeply cut slopes for roads or lots shall be avoided.

Street layout. Streets shall follow the natural contours of the terrain in order to minimize the need for grading. Cul-de-sacs and loop roads are encouraged where necessary to fit the natural topography subject to the approval of the City Engineer and the Fire Chief.

Site and structure design. Site design shall utilize varying structure and setbacks, heights, split-level foundations, and retaining walls to terrace structures with the direction of the slope.

Lot line locations. Lot lines shall be placed at the top of slope areas to help ensure that the slope will not be neglected by the up-hill owner. (See Figure 3-11, Lot Line Location)

Figure 3-11 Lot Line Location

Design and location of structures. Structures proposed on slopes shall be designed and located as follows.

The form, mass, and profile of individual buildings and architectural features shall be designed to blend with the natural terrain and preserve the character and profile of the natural slope. Some techniques which may be considered include:

Split pads, stepped footings and grade separations to permit structure to step up the natural slope.

Detaching parts of a dwelling (e.g., a garage).

Excessive cantilevers should be avoided on downhill building elevations.

Structures should be placed partly underground or utilize below grade rooms to reduce effective bulk and to provide energy efficient and environmentally desirable spaces. However, the visible area of the building shall be minimized through a combined use of re-grading and landscaping techniques.

Roofs on lower levels should be used as the deck open space of upper levels.

Architectural treatment shall be provided to all visible sides of the structure.

Exterior structural supports and undersides of floors and decks not enclosed by walls shall be allowed only if fire safety and aesthetic considerations have been adequately addressed.

To the extent possible, the width of a building measured in the direction of the slope, shall be minimized in order to limit the amount of cutting and filling and to better "fit" the house to the natural terrain.

Structures shall be placed to minimize disturbance of natural vegetation on all lots but particularly on lots with slopes of 10 percent or greater.

Retaining walls. Large retaining walls in a uniform plane shall be avoided. Retaining walls over five feet in height shall be divided into elements and terraces with landscaping to screen them from view. Generally, no retaining wall should be higher than 10 feet. Where feasible, retaining walls should be constructed of the same materials as the primary buildings on the site. (See Figure 3-12, Retaining Wall Design)

Figure 3-12 Retaining Wall Design

Open space preservation. Open space may be preserved by reducing the width of street improvements, reducing sidewalk widths, using common driveways and clustering units subject to the approval of the City Engineer and Fire Chief.

Slope restoration. Transitional slopes shall be replanted with self-sufficient trees, shrubs and ground cover that are compatible with existing surrounding vegetation in order to enhance the blending of manufactured and natural slopes. Cuts and fills shall have good surface drainage and shall be revegetated and terraced or controlled by retaining walls to protect against erosion and sedimentation. (See Figure 3-13, Slope Restoration)

Figure 3-13 Slope Restoration

Road alignment. The alignment of roads and driveways should follow the contours of the site. By meandering roads and driveways to follow landforms, it is possible to minimize cuts and fills, preserve natural drainage patterns, and produce roads that are easily negotiated. Roads should not be constructed perpendicular to contours.

Reduced street widths. On-street parking lanes may be omitted from streets when the result is a substantial decrease in cutting and/or filling. Off-street parking areas shall be provided to yield a ratio of one additional space per dwelling unit.

Preservation of ridgelines. Ridgelines shall be preserved. Structures located adjacent to prominent ridgelines should complement, rather than provide a stark contrast with, the natural landform(s). Structures shall not be closer to a prominent ridgeline than 100 feet measured horizontally on a topographic map. In no case, shall the roofline or any other portion of a structure extend above the line of sight between a ridgeline and any public right-of-way, whether the ridgeline is above or below the right-of-way. (See Figure 3-14, Development Preserves Ridgeline)

Figure 3-14 Development Preserves Ridgeline

§ 17.36.060 Criteria for Use Permit Approval.

The Commission shall evaluate a Use Permit application for hillside development based on the following objectives, and the findings required for Use Permits by Chapter 17.76 (Use Permits and Minor Use Permits):

The preservation of natural topographic features and appearances by means of landform grading so as to blend constructed slopes into the natural topography;

The preservation of natural topographic features and appearances through restrictions on successive padding and terracing of building sites;

The retention of major natural topographic features - drainage courses, steep slopes, watershed areas, vernal pools, view corridors, and scenic vistas;

The preservation and enhancement of landmark features - ridgelines, rock outcroppings, heritage sized trees and woodlands, mining ruins, other points of historical interest, and other areas of special natural beauty;

The use of varying setbacks, building heights, foundation designs and compatible building forms, materials, and colors which serve to blend buildings into the terrain;

The use of clustered sites and buildings on more gently sloping terrain so as to reduce grading alterations on steeper slopes;

The use of building designs, locations, and arrangements which do not intrude with the skyline effect and which afford view privacy and protection;

The preservation and introduction of plant materials to protect slopes from soil erosion and slippage and minimize the visual effects of grading and construction of hillside areas; and

The use of street designs and improvements which serve to minimize grading alterations and harmonize with the natural contours and character of the hillsides.

§ 17.38.010 Purpose of Chapter.

This Chapter provides standards for development adjacent to Jackson Creek and other significant streams throughout the City to:

Provide appropriate buffer areas between proposed development and Jackson Creek and other designated stream corridors, to protect valuable environmental, scenic, and recreational resources; and

Protect the public health, safety, and welfare.

§ 17.38.020 Applicability.

The provisions of this Chapter apply to property adjoining the Jackson Creek, its tributaries and any other significant stream in the City of Jackson.

§ 17.38.030 Application Content.

Land use permit and subdivision applications for projects on parcels that include a 100-year floodplain or are located within 100 feet of a 100-year floodplain shall include all information and materials required by Section 17.70.040 (Application Preparation and Filing) and shall show 100-year floodplains, floodways, and base flood elevations in relation to the parcel. This flood information shall be certified by a registered engineer.

§ 17.38.040 Stream Development Standards.

Setback requirements. Proposed development shall be designed and constructed to provide the following minimum setbacks from adjacent waterways. See Chapter 17.220 (Definitions, Glossary) for definition of the 100-year floodplain referenced in this Chapter.

Jackson Creek or its tributaries. Proposed structures shall be set back from adjacent streams as follows:

Structures proposed on parcels with an average depth of 175 feet or more shall be set back a minimum of 50 feet from the edge of the 100-year floodplain of any stream;

The required stream setback for structures proposed on parcels with an average depth of less than 175 feet shall be determined by the following formula, except that no setback shall be less than 20 feet:

Required setback in feet = 50 - (175 - parcel depth).

For example, a structure proposed on a parcel with a depth of 163 feet would have a required setback of 38 feet (50 - (175 - 163) = 38).

Structures proposed adjacent to streams for which the 100-year floodplain has not been determined or mapped, shall be set back a minimum of 100 feet from the centerline of the stream channel.

Structures proposed adjacent to streams that have been channelized by manmade improvements prior to the adoption and effective date of this Development Code shall be set back a minimum of 20 feet from the improvements. Channelized shall mean improvements that have altered and replaced the natural alignment of the stream.

Setback reduction in RS district. The required setback from the 100-year floodplain of the Jackson Creek, tributaries and other streams may be reduced in the residential zoning districts based on the averaging of the setbacks of structures on adjoining parcels, where 25 percent or more of the parcels in any one block have been improved with structures as of the effective date of this Development Code. In these cases, proposed structures shall be set back from the edge of the 100-year floodplain by no less than the average of the setbacks of the existing structures on the block.

Variances. Setback requirements may be decreased if a Variance is approved by the Building Official in compliance with Chapter 17.82 (Variance and Historic Variances). Approval of the Variance shall be based on findings consistent with the purpose and intent of this Chapter and with Chapter 17.82 (Variances and Historic Variances).

Bridges and drainage structures. Bridges, crossings, and drainage structures and facilities may be allowed in the required setback if approved by the City Engineer and approvals are obtained from all agencies with permitting authority.

Use of setback areas.

Structures. Fences and other structures, parking access, parking space(s), paved areas (not including trails, paths, walkways, and small sitting areas), or swimming pools, shall not be constructed within required setbacks.

Grading and landscaping. Grading or filling (not including trails, paths and walkways, and small sitting areas not exceeding 300 square feet), planting of exotic/nonnative or nonriparian plant species, or the removal of native vegetation except for fire safety, shall not be permitted within a setback area.

Drainage structures. Where constructed drainage devices and improvements are required, they shall be placed in the least visible locations and naturalized through the use of river rock, earth tone concrete, and native landscaping.

Allowed projections. Architectural features may extend beyond the wall of the structure and into the setback area in compliance with the following:

Balconies, bay windows, and other cantilevered features may extend five feet into the setback area;

Canopies, cornices, eaves, and roof overhangs may extend five feet into the setback area;

Decks and porches, which may be roofed but is otherwise unenclosed, may extend six feet into the setback area provided any foundation, piers, supports, or other structural connections to the ground comply with the required setback.

Flood hazard areas. Development proposed in areas of flood hazard shall comply with the floodplain regulations in Chapter 17.34 (Floodplain Management).

Drainage easements. Uses and activities set forth in subsection B shall not be permitted within open space easements created for waterways, or within drainage easements established and shown on subdivision maps.

§ 17.40.010 Intent and Purpose.

It is the intent of this Chapter to promote the planting and care of new and additional trees and landscaping, and to conserve trees and other foliage wherever practical. Grading and construction shall be planned so as to maximize the retention of established trees. These efforts will serve in a significant way to enhance aesthetic and economic values of the community, and to maximize the related effects of erosion control, ground water recharge, and local air quality. Hence to carry out this intent, the purpose of this Chapter is to provide guidelines and performance requirements that are reasonable, beneficial and equitable.

It is the purpose of this Chapter to promote the conservation and efficient use of water and to prevent the waste of this valuable resource.

It is further the intent of this Chapter to establish alternative regulations that are at least as effective as the model ordinance established by the State Department of Water Resources, as amended from time to time.

(Ord. 725 §3, 2022)

§ 17.40.020 Applicability.

Consistent with Executive Order No. B-29-15, this Chapter shall apply to all of the following landscape projects:

New construction projects with an aggregate landscape area equal to or greater than 500 square feet requiring a building or landscape permit, plan check, or design review;

Rehabilitated landscape projects with an aggregate landscape area equal to or greater than 2,500 square feet requiring a building or landscape permit, plan check, or design review;

Existing landscapes limited to Sections 17.40.050, 17.40.050.1, and 17.40.050.2; and

Cemeteries. Recognizing the special landscape management needs of cemeteries, new and rehabilitated cemeteries are limited to Sections 17.40.040.3, 17.40.040.10, and 17.40.040.11.

Any project with an aggregate landscape area of 2,500 square feet or less may comply with the performance requirements of this Chapter or conform to the prescriptive measures contained in Title 23 of the California Code of Regulations, Division 2, Chapter 2.7, Appendix D, the "Prescriptive Compliance Option," (hereinafter "Appendix D") incorporated herein by reference.

For projects using treated or untreated graywater or rainwater captured on site, any lot or parcel within the project that has less than 2,500 square feet of landscape and meets the lot or parcel's landscape water requirement (Estimated Total Water Use) entirely with treated or untreated graywater or through stored rainwater captured on site is subject only to Appendix D, Section (5).

This Chapter does not apply to:

Registered local, State, or Federal historical sites;

Ecological restoration projects that do not require a permanent irrigation system;

Mined-land reclamation projects that do not require a permanent irrigation system; or

Existing plant collections, as part of botanical gardens and arboretums open to the public.

(Ord. 725 §3, 2022)

§ 17.40.030 Definitions.

For the purpose of this Section phrases shall be defined as follows:

"Appendix A"

refers to Appendix A, entitled "Reference Evapotranspiration (ETO) Table," of Title 23, Division 2, Chapter 2.7 of the California Code of Regulations, as amended from time to time, a copy of which is on file with the City Clerk's office.

"Appendix B"

refers to Appendix B, entitled "Sample Water Efficient Landscape Worksheet," of Title 23, Division 2, Chapter 2.7 of the California Code of Regulations, as amended from time to time, a copy of which is on file with the City Clerk's office.

"Appendix C"

refers to Appendix C, entitled "Sample Certificate of Completion," of Title 23, Division 2, Chapter 2.7 of the California Code of Regulations, as amended from time to time, a copy of which is on file with the City Clerk's office.

"Appendix D"

refers to Appendix D, entitled "Prescriptive Compliance Option," of Title 23, Division 2, Chapter 2.7 of the California Code of Regulations, as amended from time to time, a copy of which is on file with the City Clerk's office.

"Applied water"

means the portion of water supplied by the irrigation system to the landscape.

"Automatic irrigation controller"

means a timing device used to remotely control valves that operate an irrigation system. Automatic irrigation controllers are able to self-adjust and schedule irrigation events using either evapotranspiration (weather-based) or soil moisture data.

"Backflow prevention device"

means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system.

"Certificate of Completion"

means the document required under Section 17.40.040.8.

"Certified irrigation designer"

means a person certified to design irrigation systems by an accredited academic institution, a professional trade organization or other program such as the US Environmental Protection Agency's WaterSense irrigation designer certification program and Irrigation Association's Certified Irrigation Designer program.

"Certified landscape irrigation auditor"

means a person certified to perform landscape irrigation audits by an accredited academic institution, a professional trade organization or other program such as the US Environmental Protection Agency's WaterSense irrigation auditor certification program and Irrigation Association's Certified Landscape Irrigation Auditor program.

"Check valve" or "anti-drain valve"

means a valve located under a sprinkler head, or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off.

"City"

means the City of Jackson, California.

"Common interest developments"

means community apartment projects, condominium projects, planned developments, and stock cooperatives per Civil Code Section 1351.

"Compost"

means the safe and stable product of controlled biologic decomposition of organic materials that is beneficial to plant growth.

"Conversion factor (0.62)"

means the number that converts acre-inches per acre per year to gallons per square foot per year.

"Development"

means construction, reconstruction or structural alteration of a building or exterior use, and establishment, enlargement or conversion of any land use and the development of any site, except for the construction or major expansion of any individual single-family home.

"Distribution uniformity"

means the measure of the uniformity of irrigation water over a defined area.

"Drip irrigation"

means any non-spray low volume irrigation system utilizing emission devices with a flow rate measured in gallons per hour. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.

"Ecological restoration project"

means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.

"Effective precipitation" or "usable rainfall" (Eppt)

means the portion of total precipitation which becomes available for plant growth.

"Emitter"

means a drip irrigation emission device that delivers water slowly from the system to the soil.

"Established landscape"

means the point at which plants in the landscape have developed significant root growth into the soil. Typically, most plants are established after one or two years of growth.

"Establishment period of the plants"

means the first year after installing the plant in the landscape or the first two years if irrigation will be terminated after establishment. Typically, most plants are established after one or two years of growth. Native habitat mitigation areas and trees may need three to five years for establishment.

"Estimated Total Water Use (ETWU)”

means the total water used for the landscape as described in Section 492.4.

"ET adjustment factor" or "ETAF"

means the factor that is equal to the plant factor divided by the irrigation efficiency factor for a landscape project, as described in the Guidelines. The ETAF is calculated in the context of local reference evapotranspiration, using site-specific plant factors and irrigation efficiency factors that influence the amount of water that needs to be applied to the specific landscaped area. ETAF means a factor of 0.55 for residential areas and 0.45 for non-residential areas, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape. The ETAF for new and existing (non-rehabilitated) special landscape areas shall not exceed 1.0. The ETAF for existing nonrehabilitated landscapes is 0.8.

"Evapotranspiration rate"

means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time.

"Flow rate"

means the rate at which water flows through pipes, valves and emission devices, measured in gallons per minute, gallons per hour, or cubic feet per second.

"Flow sensor"

means an inline device installed at the supply point of the irrigation system that produces a repeatable signal proportional to flow rate. Flow sensors must be connected to an automatic irrigation controller, or flow monitor capable of receiving flow signals and operating master valves. This combination flow sensor/controller may also function as a landscape water meter or submeter.

"Friable"

means a soil condition that is easily crumbled or loosely compacted down to a minimum depth per planting material requirements, whereby the root structure of newly planted material will be allowed to spread unimpeded.

"Fuel Modification Plan Guideline"

means guidelines from a local fire authority to assist residents and businesses that are developing land or building structures in a fire hazard severity zone.

"Graywater"

means untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. "Graywater" includes, but is not limited to, wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers, or as otherwise defined in Health and Safety Code Section 17922.12.

"Hardscape"

means any durable material or feature (pervious and impervious) installed in or around a landscaped area, such as pavements or walls.

"Hydrozone"

means a portion of the landscaped area having plants with similar water needs and rooting depth, whether irrigated or non-irrigated.

"Infiltration rate"

means the rate of water entry into the soil expressed as a depth of water per unit of time (e.g., inches per hour).

"Invasive plant species"

means species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources. Invasive species may be regulated by county agricultural agencies as noxious species. Lists of invasive plants are maintained at the California Invasive Plant Inventory and USDA invasive and noxious weeds database.

"Irrigation audit"

means in-depth evaluation of the performance of an irrigation system conducted by a Certified Landscape Irrigation Auditor. An irrigation audit includes, but is not limited to: inspection, system tune-up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule. The audit must be conducted in a manner consistent with the Irrigation Association's Landscape Irrigation Auditor Certification program or other U.S. Environmental Protection Agency "Watersense" labeled auditing program.

"Irrigation efficiency"

means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The irrigation efficiency for purposes of this Chapter are 0.75 for overhead spray devices and 0.81 for drip systems.

"Irrigation survey"

means an evaluation of an irrigation system that is less detailed than an irrigation audit. An irrigation survey includes, but is not limited to: inspection, system test, and written recommendations to improve performance of the irrigation system.

"Irrigation water use analysis"

means an analysis of water use data based on meter readings and billing data.

"Landscape architect"

means a person who holds a license to practice landscape architecture in the State of California Business and Professions Code, Section 5615.

"Landscape area"

means all the planting areas, turf areas, and water features in a landscape design plan subject to the Maximum Applied Water Allowance calculation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscapes, and other non-irrigated areas designated for nondevelopment (e.g., open spaces and existing native vegetation).

"Landscape contractor"

means a person licensed by the State of California to construct, maintain, repair, install, or subcontract the development of landscape systems.

"Landscape Documentation Package"

means the package of documents that a project applicant is required to submit to the City for review and approval of landscape design projects, which meets the requirements of Section 17.40.020.

"Landscape plans"

means site-specific design, plans and specifications for the type, size, placement, removal, irrigation and maintenance of existing, new and additional trees, shrubs, grasses and ground cover.

"Landscape project"

means the total area of landscape in a project, as provided in the definition of "landscaped area," meeting the requirements of Section 17.40.020.

"Landscape water meter"

means an inline device installed at the irrigation supply point that measures the flow of water into the irrigation system and is connected to a totalizer to record water use.

"Lateral line"

means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve.

"Local water purveyor"

means any entity, including a public agency, City, County, or private water company that provides retail water service.

"Low volume irrigation"

means the application of irrigation water at low pressure through a system of tubing or lateral lines and low-volume emitters such as drip, drip lines, and bubblers. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.

"Main line"

means the pressurized pipeline that delivers water from the water source to the valve or outlet.

"Master shut-off valve"

means an automatic valve installed at the irrigation supply point which controls water flow into the irrigation system. When this valve is closed water will not be supplied to the irrigation system. A master valve will greatly reduce any water loss due to a leaky station valve.

"Maximum Applied Water Allowance" (MAWA)

means the upper limit of annual applied water for the established landscaped area as specified in Section 492.4. It is based upon the area's reference evapotranspiration, the ET Adjustment Factor, and the size of the landscape area. The Estimated Total Water Use shall not exceed the Maximum Applied Water Allowance. Special Landscape Areas, including recreation areas, areas permanently and solely dedicated to edible plants such as orchards and vegetable gardens, and areas irrigated with recycled water are subject to the MAWA with an ETAF not to exceed 1.0. MAWA = (ETo) (0.62) [(ETAF x LA) + ((1-ETAF) x SLA)].

"Median"

means an area between opposing lanes of traffic that may be unplanted or planted with trees, shrubs, perennials, and ornamental grasses.

"Microclimate"

means the climate of a small, specific area that may contrast with the climate of the overall landscape area due to factors such as wind, sun exposure, plant density, or proximity to reflective surfaces.

"Mined-land reclamation projects"

means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975.

"Mulch"

means any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, or decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion.

"New construction"

means, for the purposes of this Chapter, a new building with a landscape or other new landscape, such as a park, playground, or greenbelt without an associated building.

"Non-residential landscape"

means landscapes in commercial, institutional, industrial and public settings that may have areas designated for recreation or public assembly. It also includes portions of common areas of common interest developments with designated recreational areas.

"Operating pressure"

means the pressure at which the parts of an irrigation system are designed by the manufacturer to operate.

"Overhead sprinkler irrigation systems" or "overhead spray irrigation systems"

means systems that deliver water through the air (e.g., spray heads and rotors).

"Overspray"

means the irrigation water which is delivered beyond the target area.

"Parkway"

means the area between a sidewalk and the curb or traffic lane. It may be planted or unplanted, and with or without pedestrian egress.

"Permit"

means an authorizing document issued by local agencies for new construction or rehabilitated landscapes.

"Pervious"

means any surface or material that allows the passage of water through the material and into the underlying soil.

"Plant factor" or "plant water use factor"

is a factor, when multiplied by ETo, estimates the amount of water needed by plants. For purposes of this Chapter, the plant factor range for very low water use plants is 0 to 0.1, the plant factor range for low water use plants is 0.1 to 0.3, the plant factor range for moderate water use plants is 0.4 to 0.6, and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in this Chapter are derived from the publication "Water Use Classification of Landscape Species". Plant factors may also be obtained from horticultural researchers from academic institutions or professional associations as approved by the California Department of Water Resources (DWR).

"Project applicant"

means the individual or entity submitting a Landscape Documentation Package required under Section 492.3, to request a permit, plan check, or design review from the local agency. A project applicant may be the property owner or his or her designee.

"Rain sensor" or "rain sensing shutoff device"

means a component which automatically suspends an irrigation event when it rains.

"Record drawing" or "as-builts"

means a set of reproducible drawings which show significant changes in the work made during construction and which are usually based on drawings marked up in the field and other data furnished by the contractor.

"Recreational area"

means areas, excluding private single family residential areas, designated for active play, recreation or public assembly in parks, sports fields, picnic grounds, amphitheaters or golf course tees, fairways, roughs, surrounds and greens.

"Recycled water," "reclaimed water," or "treated sewage effluent water"

means treated or recycled waste water of a quality suitable for nonpotable uses such as landscape irrigation and water features. This water is not intended for human consumption.

"Reference evapotranspiration" or "ETo"

means a standard measurement of environmental parameters which affect the water use of plants. ETo is expressed in inches per day, month, or year as represented in Appendix A, and is an estimate of the evapotranspiration of a large field of four- to seven-inch tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of determining the Maximum Applied Water Allowances so that regional differences in climate can be accommodated.

"Regional Water Efficient Landscape Ordinance"

means a local Ordinance adopted by two or more local agencies, water suppliers and other stakeholders for implementing a consistent set of landscape provisions throughout a geographical region. Regional ordinances are strongly encouraged to provide a consistent framework for the landscape industry and applicants to adhere to.

"Rehabilitated landscape"

means any relandscaping project that requires a permit, plan check, or design review, meets the requirements of Section 490.1, and the modified landscape area is equal to or greater than 2,500 square feet.

"Residential landscape"

means landscapes surrounding single or multifamily homes.

"Run off" or "runoff"

means water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. For example, run off may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a slope.

"Soil moisture sensing device" or "soil moisture sensor"

means a device that measures the amount of water in the soil. The device may also suspend or initiate an irrigation event.

"Soil texture"

means the classification of soil based on its percentage of sand, silt, and clay.

"Special Landscape Area" (SLA)

means an area of the landscape dedicated solely to edible plants, recreational areas, areas irrigated with recycled water, or water features using recycled water.

"Sprinkler head" or "spray head"

means a device which delivers water through a nozzle.

"Static water pressure"

means the pipeline or municipal water supply pressure when water is not flowing.

"Station"

means an area served by one valve or by a set of valves that operate simultaneously.

"Swing joint"

means an irrigation component that provides a flexible, leak-free connection between the emission device and lateral pipeline to allow movement in any direction and to prevent equipment damage.

"Submeter"

means a metering device to measure water applied to the landscape that is installed after the primary utility water meter.

"Turf"

means a ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses. Bermudagrass, Kikuyugrass, Seashore Paspalum, St. Augustinegrass, Zoysiagrass, and Buffalo grass are warm-season grasses.

"Valve"

means a device used to control the flow of water in the irrigation system.

"Water conserving plant species"

means a plant species identified as having a very low or low plant factor.

"Water feature"

means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscape area. Constructed wetlands used for on-site wastewater treatment or stormwater best management practices that are not irrigated and used solely for water treatment or stormwater retention are not water features and, therefore, are not subject to the water budget calculation.

"Watering window"

means the time of day irrigation is allowed.

"WUCOLS"

means the Water Use Classification of Landscape Species published by the University of California Cooperative Extension and the Department of Water Resources 2014.

(Ord. 725 §3, 2022)

§ 17.40.040 Provisions for New Construction or Rehabilitated Landscapes.

The City may designate by mutual agreement, another agency, such as a water purveyor, to implement some or all of the requirements contained in this Chapter. The City may collaborate with water purveyors to define each entity's specific responsibilities relating to this Chapter.

(Ord. 725 §3, 2022)

§ 17.40.040.1 Compliance with Landscape Documentation Package.

Prior to construction, the City shall:

Provide the project applicant with a copy of this Chapter and procedures for permits, plan checks, or design reviews;

Review the Landscape Documentation Package submitted by the project applicant;

Approve or deny the Landscape Documentation Package;

Issue a permit or approve.

Prior to construction, the project applicant shall submit a Landscape Documentation Package to the City.

Upon approval of the Landscape Documentation Package by the City, the project applicant shall:

Receive a permit or approval of the plan check or design review and record the date of the permit in the Certificate of Completion;

Submit a copy of the approved Landscape Documentation Package along with the record drawings, and any other information to the property owner or his or her designee; and

Submit a copy of the Water Efficient Landscape Worksheet to the local water purveyor.

(Ord. 725 §3, 2022)

§ 17.40.040.2 Elements of the Landscape Documentation Package.

The Landscape Documentation Package shall include the following six elements:

Project information:

Date.

Project applicant.

Project address (if available, parcel and/or lot number(s)).

Total landscape area (in square feet).

Project type (e.g., new, rehabilitated, public, private, cemetery, homeowner-installed).

Water supply type (e.g., potable, recycled, well) and identify the local retail water purveyor if the applicant is not served by a private well.

Checklist of all documents in the Landscape Documentation Package.

Project contacts, including contact information for the project applicant and property owner.

Project applicant's signature and date with the accompanying statement, "I agree to comply with the requirements of the City's water efficient landscape ordinance and submit a complete Landscape Documentation Package."

Water Efficient Landscape Worksheet;

Soil management report;

Landscape design plan;

Irrigation design plan; and

Grading design plan.

(Ord. 725 §3, 2022)

§ 17.40.040.3 Water Efficient Landscape Worksheet.

A project applicant shall complete the Water Efficient Landscape Worksheet in Appendix B of the ordnance codified in this chapter which contains information on the plant factor, irrigation method, irrigation efficiency, and area associated with each hydrozone. Calculations are then made to show that the evapotranspiration adjustment factor (ETAF) for the landscape project does not exceed a factor of 0.55 for residential areas and 0.45 for non-residential areas, exclusive of Special Landscape Areas. The ETAF for a landscape project is based on the plant factors and irrigation methods selected. The Maximum Applied Water Allowance is calculated based on the maximum ETAF allowed (0.55 for residential areas and 0.45 for non-residential areas) and expressed as annual gallons required. The Estimated Total Water Use (ETWU) is calculated based on the plants used and irrigation method selected for the landscape design. ETWU must be below the MAWA.

In calculating the Maximum Applied Water Allowance and Estimated Total Water Use, a project applicant shall use the ETo values from the Reference Evapotranspiration Table in Appendix A. For geographic areas not covered in Appendix A, use data from other cities located nearby in the same reference evapotranspiration zone, as found in the CIMIS Reference Evapotranspiration Zones Map, Department of Water Resources, 1999.

Water budget calculations shall adhere to the following requirements:

The plant factor used shall be from WUCOLS or from horticultural researchers with academic institutions or professional associations as approved by the California Department of Water Resources (DWR). The plant factor ranges from 0 to 0.1 for very low water using plants, 0.1 to 0.3 for low water use plants, from 0.4 to 0.6 for moderate water use plants, and from 0.7 to 1.0 for high water use plants.

All water features shall be included in the high water use hydrozone and temporarily irrigated areas shall be included in the low water use hydrozone.

All Special Landscape Areas shall be identified and their water use calculated as shown in Appendix B.

ETAF for new and existing (non-rehabilitated) Special Landscape Areas shall not exceed 1.0.

(Ord. 725 §3, 2022)

§ 17.40.040.4 Soil Management Report.

In order to reduce runoff and encourage healthy plant growth, a soil management report shall be completed by the project applicant, or his or her designee, as follows:

Submit soil samples to a laboratory for analysis and recommendations.

Soil sampling shall be conducted in accordance with laboratory protocol, including protocols regarding adequate sampling depth for the intended plants.

The soil analysis shall include:

Soil texture;

Infiltration rate determined by laboratory test or soil texture infiltration rate table;

pH;

Total soluble salts;

Sodium;

Percent organic matter; and

Recommendations.

In projects with multiple landscape installations (i.e. production home developments) a soil sampling rate of one in seven lots or approximately 15 percent will satisfy this requirement. Large landscape projects shall sample at a rate equivalent to one in seven lots.

The project applicant, or his or her designee, shall comply with one of the following:

If significant mass grading is not planned, the soil analysis report shall be submitted to the City as part of the Landscape Documentation Package; or

If significant mass grading is planned, the soil analysis report shall be submitted to the City as part of the Certificate of Completion.

The soil analysis report shall be made available, in a timely manner, to the professionals preparing the landscape design plans and irrigation design plans to make any necessary adjustments to the design plans.

The project applicant, or his or her designee, shall submit documentation verifying implementation of soil analysis report recommendations to the City with the Certificate of Completion.

(Ord. 725 §3, 2022)

§ 17.40.040.5 Landscape Design Plan.

For the efficient use of water, a landscape shall be carefully designed and planned for the intended function of the project. A landscape design plan meeting the following design criteria shall be submitted as part of the Landscape Documentation Package.

Plant Material.

Any plant may be selected for the landscape, providing the Estimated Total Water Use in the landscape area does not exceed the Maximum Applied Water Allowance. Methods to achieve water efficiency shall include one or more of the following:

Protection and preservation of native species and natural vegetation;

ii.

Selection of water-conserving plant, tree, and turf species, especially local native plants;

iii.

Selection of plants based on local climate suitability, disease resistance, and pest resistance;

iv.

Selection of trees based on applicable local tree ordinances or tree shading guidelines, and size at maturity as appropriate for the planting area; and

Selection of plants from local and regional landscape program plant lists;

vi.

Selection of plants from local Fuel Modification Plan Guidelines.

Each hydrozone shall have plant materials with similar water use, with the exception of hydrozones with plants of mixed water use, as specified in Section 17.40.040.6(A)(2)(d).

Plants shall be selected and planted appropriately based upon their adaptability to the climatic, geologic, and topographical conditions of the project site. Methods to achieve water efficiency shall include one or more of the following:

Use of the Sunset Western Climate Zone System which takes into account temperature, humidity, elevation, terrain, latitude, and varying degrees of continental and marine influence on local climate;

ii.

Recognize the horticultural attributes of plants (i.e., mature plant size, invasive surface roots) to minimize damage to property or infrastructure [e.g., buildings, sidewalks, power lines]; allow for adequate soil volume for healthy root growth; and

iii.

Consider the solar orientation for plant placement to maximize summer shade and winter solar gain.

Turf is not allowed on slopes greater than 25 percent where the toe of the slope is adjacent to an impermeable hardscape and where 25 percent means one foot of vertical elevation change for every four feet of horizontal length (rise divided by run x 100 = slope percent).

High water use plants, characterized by a plant factor of 0.7 to 1.0, are prohibited in street medians.

A landscape design plan for projects in fire-prone areas shall address fire safety and prevention. A defensible space or zone around a building or structure is required per Public Resources Code Section 4291(a) and (b). Avoid fire-prone plant materials and highly flammable mulches. Refer to the local Fuel Modification Plan guidelines.

The use of invasive plant species, such as those listed by the California Invasive Plant Council, is strongly discouraged.

The architectural guidelines of a common interest development, which include community apartment projects, condominiums, planned developments, and stock cooperatives, shall not prohibit or include conditions that have the effect of prohibiting the use of low-water use plants as a group.

Water Features.

Recirculating water systems shall be used for water features.

Where available, recycled water shall be used as a source for decorative water features.

Surface area of a water feature shall be included in the high water use hydrozone area of the water budget calculation.

Pool and spa covers are highly recommended.

Soil Preparation, Mulch, and Amendments.

Prior to the planting of any materials, compacted soils shall be transformed to a friable condition. On engineered slopes, only amended planting holes need meet this requirement.

Soil amendments shall be incorporated according to recommendations of the soil report and what is appropriate for the plants selected (see Section 17.40.040.4).

For landscape installations, compost at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six inches into the soil. Soils with greater than six percent organic matter in the top six inches of soil are exempt from adding compost and tilling.

A minimum three inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife, up to five percent of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such.

Stabilizing mulching products shall be used on slopes that meet current engineering standards.

The mulching portion of the seed/mulch slurry in hydro-seeded applications shall meet the mulching requirement.

Organic mulch materials made from recycled or post-consumer shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local Fuel Modification Plan Guidelines or other applicable local ordinances.

The landscape design plan, at a minimum, shall:

Delineate and label each hydrozone by number, letter, or other method;

Identify each hydrozone as low, moderate, high water, or mixed water use. Temporarily irrigated areas of the landscape shall be included in the low water use hydrozone for the water budget calculation;

Identify recreational areas;

Identify areas permanently and solely dedicated to edible plants;

Identify areas irrigated with recycled water;

Identify type of mulch and application depth;

Identify soil amendments, type, and quantity;

Identify type and surface area of water features;

Identify hardscapes (pervious and non-pervious);

10.

Identify location, installation details, and 24-hour retention or infiltration capacity of any applicable stormwater best management practices that encourage on-site retention and infiltration of stormwater. Project applicants shall refer to the City or regional Water Quality Control Board for information on any applicable stormwater technical requirements. Stormwater best management practices are encouraged in the landscape design plan and examples are provided in Section 17.40.040.15.

11.

Identify any applicable rain harvesting or catchment technologies as discussed in Section 17.40.040.15. and their 24-hour retention or infiltration capacity;

12.

Identify any applicable graywater discharge piping, system components and area(s) of distribution;

13.

Contain the following statement: "I have complied with the criteria of the ordinance and applied them for the efficient use of water in the landscape design plan"; and

14.

Bear the signature of a licensed landscape architect, licensed landscape contractor, or any other person authorized to design a landscape. (See Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the Business and Professions Code, Section 832.27 of Title 16 of the California Code of Regulations, and Section 6721 of the Food and Agriculture Code).

(Ord. 725 §3, 2022)

§ 17.40.040.6 Irrigation Design Plan.

This Section applies to landscaped areas requiring permanent irrigation, not areas that require temporary irrigation solely for the plant establishment period. For the efficient use of water, an irrigation system shall meet all the requirements listed in this Section and the manufacturers' recommendations. The irrigation system and its related components shall be planned and designed to allow for proper installation, management, and maintenance. An irrigation design plan meeting the following design criteria shall be submitted as part of the Landscape Documentation Package.

System.

Landscape water meters, defined as either a dedicated water service meter or private submeter, shall be installed for all non-residential irrigated landscapes of 1,000 sq. ft. but not more than 5,000 sq. ft. (the level at which Water Code 535 applies) and residential irrigated landscapes of 5,000 sq. ft. or greater. A landscape water meter may be either:

A customer service meter dedicated to landscape use provided by the local water purveyor; or

ii.

A privately owned meter or submeter.

Automatic irrigation controllers utilizing either evapotranspiration or soil moisture sensor data utilizing non-volatile memory shall be required for irrigation scheduling in all irrigation systems.

If the water pressure is below or exceeds the recommended pressure of the specified irrigation devices, the installation of a pressure regulating device is required to ensure that the dynamic pressure at each emission device is within the manufacturer's recommended pressure range for optimal performance.

If the static pressure is above or below the required dynamic pressure of the irrigation system, pressure-regulating devices such as inline pressure regulators, booster pumps, or other devices shall be installed to meet the required dynamic pressure of the irrigation system.

ii.

Static water pressure, dynamic or operating pressure, and flow reading of the water supply shall be measured at the point of connection. These pressure and flow measurements shall be conducted at the design stage. If the measurements are not available at the design stage, the measurements shall be conducted at installation.

Sensors (rain, freeze, wind, etc.), either integral or auxiliary, that suspend or alter irrigation operation during unfavorable weather conditions shall be required on all irrigation systems, as appropriate for local climatic conditions. Irrigation should be avoided during windy or freezing weather or during rain.

Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) shall be required, as close as possible to the point of connection of the water supply, to minimize water loss in case of an emergency (such as a main line break) or routine repair.

Backflow prevention devices shall be required to protect the water supply from contamination by the irrigation system. A project applicant shall refer to the applicable code (i.e., public health) for additional backflow prevention requirements.

Flow sensors that detect high flow conditions created by system damage or malfunction are required for all on non-residential landscapes and residential landscapes of 5000 sq. ft. or larger.

Master shut-off valves are required on all projects except landscapes that make use of technologies that allow for the individual control of sprinklers that are individually pressurized in a system equipped with low pressure shut down features.

The irrigation system shall be designed to prevent runoff, low head drainage, overspray, or other similar conditions where irrigation water flows onto non-targeted areas, such as adjacent property, non-irrigated areas, hardscapes, roadways, or structures.

Relevant information from the soil management plan, such as soil type and infiltration rate, shall be utilized when designing irrigation systems.

The design of the irrigation system shall conform to the hydrozones of the landscape design plan.

The irrigation system must be designed and installed to meet, at a minimum, the irrigation efficiency criteria as described in Section 17.40.040.3 regarding the Maximum Applied Water Allowance.

All irrigation emission devices must meet the requirements set in the American National Standards Institute (ANSI) standard, American Society of Agricultural and Biological Engineers'/International Code Council's (ASABE/ICC) 802-2014 "Landscape Irrigation Sprinkler and Emitter Standard." All sprinkler heads installed in the landscape must document a distribution uniformity low quarter of 0.65 or higher using the protocol defined in ASABE/ICC 802-2014.

It is highly recommended that the project applicant or local agency inquire with the local water purveyor about peak water operating demands (on the water supply system) or water restrictions that may impact the effectiveness of the irrigation system.

In mulched planting areas, the use of low volume irrigation is required to maximize water infiltration into the root zone.

Sprinkler heads and other emission devices shall have matched precipitation rates, unless otherwise directed by the manufacturer's recommendations.

Head to head coverage is recommended. However, sprinkler spacing shall be designed to achieve the highest possible distribution uniformity using the manufacturer's recommendations.

Swing joints or other riser-protection components are required on all risers subject to damage that are adjacent to hardscapes or in high traffic areas of turfgrass.

Check valves or anti-drain valves are required on all sprinkler heads where low point drainage could occur.

Areas less than 10 feet in width in any direction shall be irrigated with subsurface irrigation or other means that produces no runoff or overspray.

Overhead irrigation shall not be permitted within 24 inches of any non-permeable surface. Allowable irrigation within the setback from non-permeable surfaces may include drip, drip line, or other low flow non-spray technology. The setback area may be planted or unplanted. The surfacing of the setback may be mulch, gravel, or other porous material. These restrictions may be modified if:

The landscape area is adjacent to permeable surfacing and no runoff occurs; or

ii.

The adjacent non-permeable surfaces are designed and constructed to drain entirely to landscaping; or

iii.

The irrigation designer specifies an alternative design or technology, as part of the Landscape Documentation Package, and clearly demonstrates strict adherence to irrigation system design criteria in Section 17.40.040.6(A)(1)(l). Prevention of overspray and runoff must be confirmed during the irrigation audit.

Slopes greater than 25 percent shall not be irrigated with an irrigation system with an application rate exceeding 0.75 inches per hour. This restriction may be modified if the landscape designer specifies an alternative design or technology, as part of the Landscape Documentation Package, and clearly demonstrates no runoff or erosion will occur. Prevention of runoff and erosion must be confirmed during the irrigation audit.

Hydrozone.

Each valve shall irrigate a hydrozone with similar site, slope, sun exposure, soil conditions, and plant materials with similar water use.

Sprinkler heads and other emission devices shall be selected based on what is appropriate for the plant type within that hydrozone.

Where feasible, trees shall be placed on separate valves from shrubs, groundcovers, and turf to facilitate the appropriate irrigation of trees. The mature size and extent of the root zone shall be considered when designing irrigation for the tree.

Individual hydrozones that mix plants of moderate and low water use, or moderate and high water use, may be allowed if:

Plant factor calculation is based on the proportions of the respective plant water uses and their plant factor; or

ii.

The plant factor of the higher water using plant is used for calculations.

Individual hydrozones that mix high and low water use plants shall not be permitted.

On the landscape design plan and irrigation design plan, hydrozone areas shall be designated by number, letter, or other designation. On the irrigation design plan, they shall designate the areas irrigated by each valve, and assign a number to each valve. The valve numbers shall be used in the Hydrozone Information Table (see Appendix B, Section A). This table will be used to assist with irrigation audits and programming the controller.

The irrigation design plan, at a minimum, shall contain:

Location and size of separate water meters for the landscape;

Location, type, and size of all components of the irrigation system, including controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, pressure regulators, and backflow prevention devices;

Static water pressure at the point of connection to the public water supply;

Flow rate (in gallons per minute), application rate (in inches per hour), and design operating pressure (in pressure per square inch) for each station;

Recycled water irrigation systems as specified in Section 17.40.040.13;

The following statement: "I have complied with the criteria of the City's water efficient landscape ordinance and applied them accordingly for the efficient use of water in the irrigation design plan"; and

The signature of a licensed landscape architect, certified irrigation designer, licensed landscape contractor, or any other person authorized to design an irrigation system. (See Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the Business and Professions Code, Section 832.27 of Title 16 of the California Code of Regulations, and Section 6721 of the Food and Agricultural Code.)

(Ord. 725 §3, 2022)

§ 17.40.040.7 Grading Design Plan.

For the efficient use of water, grading of a project site shall be designed to minimize soil erosion, runoff, and water waste. A grading plan shall be submitted as part of the Landscape Documentation Package. A comprehensive grading plan prepared by a civil engineer for other local agency permits satisfies this requirement.

The project applicant shall submit a landscape grading plan that indicates finished configurations and elevations of the landscape area including:

Height of graded slopes;

Drainage patterns;

Pad elevations;

Finish grade; and

Stormwater retention improvements, if applicable.

To prevent excessive erosion and runoff, it is highly recommended that project applicants:

Grade so that all irrigation and normal rainfall remains within property lines and does not drain on to non-permeable hardscapes;

Avoid disruption of natural drainage patterns and undisturbed soil; and

Avoid soil compaction in landscape areas.

The grading design plan shall contain the following statement: "I have complied with the criteria of the City's water efficient landscape ordinance and applied them accordingly for the efficient use of water in the grading design plan" and shall bear the signature of a licensed professional as authorized by law.

(Ord. 725 §3, 2022)

§ 17.40.040.8 Certificate of Completion.

The Certificate of Completion (see Appendix C of the ordinance codified in this chapter for a sample certificate) shall include the following six elements:

Project information sheet that contains:

Date;

Project name;

Project applicant name, telephone number, and mailing address;

Project address and location (if available, parcel and/or lot number(s)); and

Property owner name, telephone number, and mailing address.

Certification by either the signer of the landscape design plan, the signer of the irrigation design plan, or the licensed landscape contractor that the landscape project has been installed per the approved Landscape Documentation Package;

Where there have been significant changes made in the field during construction, these "asbuilt" or record drawings shall be included with the certification;

A diagram of the irrigation plan showing hydrozones shall be kept with the irrigation controller for subsequent management purposes.

Irrigation scheduling parameters used to set the controller (see Section 17.40.040.9);

Landscape and irrigation maintenance schedule (see Section 17.40.040.10);

Irrigation audit report (see Section 17.40.040.11); and

Soil analysis report, if not submitted with Landscape Documentation Package, and documentation verifying implementation of soil report recommendations (see Section 17.40.040.4).

The project applicant shall:

Submit the signed Certificate of Completion to the City for review;

Ensure that copies of the approved Certificate of Completion are submitted to the local water purveyor and property owner or his or her designee.

The City shall:

Receive the signed Certificate of Completion from the project applicant;

Approve or deny the Certificate of Completion. If the Certificate of Completion is denied, the local agency shall provide information to the project applicant regarding reapplication, appeal, or other assistance.

(Ord. 725 §3, 2022)

§ 17.40.040.9 Irrigation Scheduling.

For the efficient use of water, all irrigation schedules shall be developed, managed, and evaluated to utilize the minimum amount of water required to maintain plant health. Irrigation schedules shall meet the following criteria:

Irrigation scheduling shall be regulated by automatic irrigation controllers.

Overhead irrigation shall be scheduled between 8:00 p.m. and 10:00 a.m. unless weather conditions prevent it. If allowable hours of irrigation differ from the local water purveyor, the stricter of the two shall apply. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance.

For implementation of the irrigation schedule, particular attention must be paid to irrigation run times, emission device, flow rate, and current reference evapotranspiration, so that applied water meets the Estimated Total Water Use. Total annual applied water shall be less than or equal to Maximum Applied Water Allowance (MAWA). Actual irrigation schedules shall be regulated by automatic irrigation controllers using current reference evapotranspiration data (e.g., CIMIS) or soil moisture sensor data.

Parameters used to set the automatic controller shall be developed and submitted for each of the following:

The plant establishment period;

The established landscape; and

Temporarily irrigated areas.

Each irrigation schedule shall consider for each station all of the following that apply:

Irrigation interval (days between irrigation);

Irrigation run times (hours or minutes per irrigation event to avoid runoff);

Number of cycle starts required for each irrigation event to avoid runoff;

Amount of applied water scheduled to be applied on a monthly basis;

Application rate setting;

Root depth setting;

Plant type setting;

Soil type;

Slope factor setting;

10.

Shade factor setting; and

11.

Irrigation uniformity or efficiency setting.

(Ord. 725 §3, 2022)

§ 17.40.040.10 Landscape and Irrigation Maintenance Schedule.

Landscapes shall be maintained to ensure water use efficiency. A regular maintenance schedule shall be submitted with the Certificate of Completion.

A regular maintenance schedule shall include, but not be limited to, routine inspection; auditing, adjustment and repair of the irrigation system and its components; aerating and dethatching turf areas; topdressing with compost, replenishing mulch; fertilizing; pruning; weeding in all landscape areas, and removing obstructions to emission devices. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance.

Repair of all irrigation equipment shall be done with the originally installed components or their equivalents or with components with greater efficiency.

A project applicant is encouraged to implement established landscape industry sustainable Best Practices for all landscape maintenance activities.

(Ord. 725 §3, 2022)

§ 17.40.040.11 Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis.

All landscape irrigation audits shall be conducted by a City landscape irrigation auditor or a third party certified landscape irrigation auditor. Landscape audits shall not be conducted by the person who designed the landscape or installed the landscape.

In large projects or projects with multiple landscape installations (i.e. production home developments) an auditing rate of one in seven lots or approximately 15 percent will satisfy this requirement.

For new construction and rehabilitated landscape projects installed after December 1, 2015, as described in Section 17.40.020:

The project applicant shall submit an irrigation audit report with the Certificate of Completion to the City that may include, but is not limited to: inspection, system tune-up, system test with distribution uniformity, reporting overspray or run off that causes overland flow, and preparation of an irrigation schedule, including configuring irrigation controllers with application rate, soil types, plant factors, slope, exposure and any other factors necessary for accurate programming;

The City shall administer programs that may include, but not be limited to, irrigation water use analysis, irrigation audits, and irrigation surveys for compliance with the Maximum Applied Water Allowance.

(Ord. 725 §3, 2022)

§ 17.40.040.12 Irrigation Efficiency.

For the purpose of determining Estimated Total Water Use, average irrigation efficiency is assumed to be 0.75 for overhead spray devices and 0.81 for drip system devices.

(Ord. 725 §3, 2022)

§ 17.40.040.13 Recycled Water.

The installation of recycled water irrigation systems shall allow for the current and future use of recycled water.

All recycled water irrigation systems shall be designed and operated in accordance with all applicable local and State laws.

Landscapes using recycled water are considered Special Landscape Areas. The ET Adjustment Factor for new and existing (non-rehabilitated) Special Landscape Areas shall not exceed 1.0.

(Ord. 725 §3, 2022)

§ 17.40.040.14 Graywater Systems.

Graywater systems promote the efficient use of water and are encouraged to assist in on-site landscape irrigation. All graywater systems shall conform to the California Plumbing Code (Title 24, Part 5, Chapter 16) and any applicable City standards. Refer to Section 17.40.020 for the applicability of this Chapter to landscape areas less than 2,500 square feet with the Estimated Total Water Use met entirely by graywater.

(Ord. 725 §3, 2022)

§ 17.40.040.15 Stormwater Management and Rainwater Retention.

Stormwater management practices minimize runoff and increase infiltration which recharges groundwater and improves water quality. Implementing stormwater best management practices into the landscape and grading design plans to minimize runoff and to increase on-site rainwater retention and infiltration are encouraged.

Project applicants shall refer to the local agency or Regional Water Quality Control Board for information on any applicable stormwater technical requirements.

All planted landscape areas are required to have friable soil to maximize water retention and infiltration.

It is strongly recommended that landscape areas be designed for capture and infiltration capacity that is sufficient to prevent runoff from impervious surfaces (i.e. roof and paved areas) from either: (1) the one inch, 24-hour rain event; or (2) the 85th percentile, 24-hour rain event; and/or (3) additional capacity as required by any applicable local, regional, State or Federal regulation.

It is recommended that stormwater projects incorporate any of the following elements to improve on-site stormwater and dry weather runoff capture and use:

Grade impervious surfaces, such as driveways, during construction to drain to vegetated areas.

Minimize the area of impervious surfaces such as paved areas, roof and concrete driveways.

Incorporate pervious or porous surfaces (e.g., gravel, permeable pavers or blocks, pervious or porous concrete) that minimize runoff.

Direct runoff from paved surfaces and roof areas into planting beds or landscaped areas to maximize site water capture and reuse.

Incorporate rain gardens, cisterns, and other rain harvesting or catchment systems.

Incorporate infiltration beds, swales, basins and drywells to capture stormwater and dry weather runoff and increase percolation into the soil.

Consider constructed wetlands and ponds that retain water, equalize excess flow, and filter pollutants.

(Ord. 725 §3, 2022)

§ 17.40.040.16 Public Education.

Publications. Education is a critical component to promote the efficient use of water in landscapes. The use of appropriate principles of design, installation, management and maintenance that save water is encouraged in the community.

The City or water supplier/purveyor shall provide information to owners of permitted renovations and new, single-family residential homes regarding the design, installation, management, and maintenance of water efficient landscapes based on a water budget.

Model Homes. All model homes that are landscaped shall use signs and written information to demonstrate the principles of water efficient landscapes described in this Chapter.

Signs shall be used to identify the model as an example of a water efficient landscape featuring elements such as hydrozones, irrigation equipment, and others that contribute to the overall water efficient theme. Signage shall include information about the site water use as designed per the local ordinance; specify who designed and installed the water efficient landscape; and demonstrate low water use approaches to landscaping such as using native plants, graywater systems, and rainwater catchment systems.

Information shall be provided about designing, installing, managing, and maintaining water efficient landscapes.

(Ord. 725 §3, 2022)

§ 17.40.040.17 Environmental Review.

The City must comply with the California Environmental Quality Act (CEQA), as appropriate.

(Ord. 725 §3, 2022)

§ 17.40.050 Provisions for Existing Landscapes.

The City may, by mutual agreement, designate another agency, such as a water purveyor, to implement some or all of the requirements contained in this Chapter. The City may collaborate with water purveyors to define each entity's specific responsibilities relating to this Chapter.

(Ord. 725 §3, 2022)

§ 17.40.050.1 Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis.

This Section 17.40.050.1 shall apply to all existing landscapes that were installed on or before December 1, 2015 and are over one acre in size.

For all such landscapes that have a water meter, the City shall administer programs that may include, but not be limited to, irrigation water use analyses, irrigation surveys, and irrigation audits to evaluate water use and provide recommendations as necessary to reduce landscape water use to a level that does not exceed the Maximum Applied Water Allowance for existing landscapes. The Maximum Applied Water Allowance for existing landscapes shall be calculated as: MAWA = (0.8) (ETo) (LA) (0.62).

For all such landscapes that do not have a meter, the City shall administer programs that may include, but not be limited to, irrigation surveys and irrigation audits to evaluate water use and provide recommendations as necessary in order to prevent water waste.

All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor.

(Ord. 725 §3, 2022)

§ 17.40.050.2 Water Waste Prevention.

The City shall prevent water waste resulting from inefficient landscape irrigation by prohibiting runoff from leaving the target landscape due to low head drainage, overspray, or other similar conditions where water flows onto adjacent property, non-irrigated areas, walks, roadways, parking lots, or structures.

Restrictions regarding overspray and runoff may be modified if:

The landscape area is adjacent to permeable surfacing and no runoff occurs; or

The adjacent non-permeable surfaces are designed and constructed to drain entirely to landscaping.

(Ord. 725 §3, 2022)

§ 17.40.060 Effective Precipitation.

The City may consider Effective Precipitation (25 percent of annual precipitation) in tracking water use and may use the following equation to calculate Maximum Applied Water Allowance:

For residential areas: MAWA = (ETo - Eppt) (0.62) [(0.55 x LA) + (0.45 x SLA)]

For non-residential areas: MAWA = (ETo - Eppt) (0.62) [(0.45 x LA) + (0.55 x SLA)]

(Ord. 725 §3, 2022)

§ 17.40.070 Reporting.

The City shall report on implementation and enforcement of this Chapter to the Department of Water Resources, and shall make all such reports by January 31st of each year.

In its report, the City shall address:

Whether it is using a locally modified Water Efficient Landscape Ordinance (WELO) or the MWELO. If using a locally modified WELO, the City shall specify how it differs from the MWELO and is at least as efficient as the MWELO, and whether any exemptions are claimed.

The entity responsible for implementing this Chapter (if not the City).

The number and types of projects subject to this Chapter during the reporting period.

The total area (in square feet or acres) subject to this Chapter during the reporting period.

The number of new housing starts, new commercial projects, and landscape retrofits during the reporting period.

The procedures for the City's review of projects subject to this Chapter.

All actions taken to verify compliance by all entities with this Chapter.

All enforcement measures taken.

All challenges to implementing and enforcing the Chapter.

10.

Any educational or other needs in order to properly apply the Chapter's terms.

(Ord. 725 §3, 2022)

§ 17.40.080 Installation.

All development requiring approval by the Planning Commission shall also be required to have a landscape plan which shall be subjects to approval by the Planning Commission. All development proposals subject to Planning Commission approval shall include a topographical map accurately showing all trees and other prominent landscape features. Landscape plans shall be prepared by a qualified professional.

For trees designated to be saved by the Planning Commission, a minimum of four-foot tall brightly colored synthetic fence shall be installed at the outermost edge of the drip line (the farthest point of reach of any branch) of each protected tree or group of protected trees. The fences must be installed prior to the commencement of any grading operations or the access of any vehicles or construction equipment.

All development (excluding individual single-family home construction, reconstruction or structural alternation) shall have an approved landscape plan, as a part of and along with, site development and improvement plans. The work, facilities and materials called for in such plans shall be certified, complete and in place prior to any occupancy. No occupancy shall be permitted before completion of work in conformance with the approved site development/landscape plan.

A temporary certificate of occupancy may be issued due to circumstantial or seasonal limitations, upon the posting of surety in the form of faithful performance and labor and materials bonds, and covering the full cost of the plantings, irrigation and related labor.

(Ord. 725 §3, 2022)

§ 17.40.090 Fees and Security.

A fee equal to reasonable cost of processing landscaping plan reviews, not to exceed 10 percent of the professionally estimated cost of the landscaping to be installed, shall be established by the City Manager. If a surety is required as a condition of plan approval, it shall be equal to 100 percent of the established cost of the landscaping (including irrigation to be installed).

(Ord. 725 §3, 2022)

§ 17.40.100 Recommended Species and Size.

Tree and shrub varieties called for on a site development landscape plan shall consist of approved native species or regionally compatible species as listed in the following sources:

"Drought Tolerant Landscape for Amador County," published by Amador County Water Agency;

"New Western Garden Book," published by Sunset Magazine;

Supplemental professional sources specifying plants for dry climate;

As approved a licensed landscape architect familiar with local conditions.

Minimum tree size shall be 15 gallons. Minimum shrub size shall be five gallons. Exception to this requirement (i.e., more plantings of smaller size) may be approved when site conditions or local availability warrant.

(Ord. 725 §3, 2022)

§ 17.40.110 Street Trees-All Residential and Nonresidential Developments.

Approved plant species shall be located in such a manner as to shade, shield or buffer land uses. Street tree plantings, as illustrated on the landscape plan shall:

Be a minimum of one tree per 40 feet of lot frontage;

Be planned to provide shade and aesthetic values to sidewalks and streets compatible with necessary sight distance, street lighting, signage and maintenance;

Avoid interference with construction, maintenance and operation of utilities and services above or below ground. Trees shall be planted so that upon maturity, their branches do not come within 10 feet of uninsulated conductors;

Not interfere with public sidewalk locations, existing or planned;

Be protected from vehicular movement by unmountable curb or barrier.

(Ord. 725 §3, 2022)

§ 17.40.120 Criteria for Tree Removal.

All development shall conserve trees. A minimum of 3:1 replacement ratio shall apply upon removal of any such tree having a diameter greater than 16 inches at four and one-half feet from grade. Oak trees removed shall be replaced with like species. Trees planted as replacements shall be maintained for five years, and again replaced and maintained if they fail to survive within that period.

No person shall cut down or remove any tree having a diameter of eight inches or greater on any public property, without review and approval by the Planning Commission.

Any development proposal which calls for the removal of any tree having a diameter of eight inches or greater shall require Planning Commission approval. The subject determination will be based upon reasonable criteria, including, but not limited to, the following:

The condition of the tree with respect to its general health, damage, status as a public nuisance or traffic hazard, danger of falling, interface with utility services, and its status as host for parasitic plants, pests or diseases endangering other species of trees or plants with infection or infestation;

The topography of the land and the effect of the requested action on soil retention, water retention, and diversion or increased flow of surface water. Developers are encouraged to work with existing terrain;

The number, species, size and location of existing trees in the area and the effect of the requested action on historic values, scenic beauty, shade areas, air pollution and the general welfare of the City as a whole.

(Ord. 725 §3, 2022)

§ 17.40.130 Tree Placement for Parking Areas.

Trees and planting areas shall be provided within and abutting the perimeter of parking areas and shall meet the following conditions:

Planting areas shall be located so every parking space or portion thereof is not more than 40 feet from the trunk of a tree within a planting area.

Planting areas shall be separated from parking spaces, drives and alleys by an unmountable curb or barrier. The curb or barrier shall be constructed in such a manner that rainwater runoff will not damage the tree. Planting areas shall be of a size suitable to meeting the needs of the tree at maturity. These requirements shall not apply when the parking area is to be shaded with solar panels.

(Ord. 725 §3, 2022)

§ 17.40.140 Tree Removal from Undeveloped Property in Anticipation of Development Prohibited.

Removal of any trees having a minimum trunk diameter of eight inches measures from grade on any undeveloped parcel within the city in anticipation of developing that parcel without advance approval of the Planning Commission is strictly prohibited.

(Ord. 725 §3, 2022)

§ 17.40.150 Hardships-Remedies.

When it is determined by the Planning Commission that compliance with these regulations would create an unreasonable hardship, relief may be granted from those provisions that cause the hardship. Determination of unreasonable hardship shall be based upon an overall evaluation including the following factors:

The cost of the landscaping;

The cost of the construction of the project;

The nature of the landscaping that would be gained or lost;

Physical site restraints;

Legal restriction.

The Planning Commission will advise an equivalent remedy when a hardship has been determined, such as in-lieu fees, alternative off-site landscaping, or combination thereof.

(Ord. 725 §3, 2022)

§ 17.40.160 Appeals.

A decision of the Planning Commission denying tree removal pursuant to this Chapter may be appealed to the City Council. Appeals shall be in writing, signed by the appellant, stating the reasons for the appeal, accompanying an amount as specified by resolution, and filed with the City within 10 days of Planning Commission action. The appeal shall be heard by the City Council meeting following the receipt of the appeal.

(Ord. 725 §3, 2022)

§ 17.40.170 Violation-Penalty.

Any person violating any provision of this Chapter is guilty of a misdemeanor, provided, however, that any such violation may be charged as an infraction, where deemed in the interest of justice by the District Attorney. Additionally, and without limitation on the authority or action of the District Attorney, the City Manager or his or her designee may direct that work be halted on any development subject to this Chapter until any violation of this Section is corrected, or until an appropriate course of action for remedial measures is determined. The City Manager or his or her designee may also convene an administrative hearing or alternatively docket for Planning Commission review to determine if a violation occurred and, if so, to assess an administrative penalty. The penalty would require the replacement, at the violator's expense, of any tree irreparably cut or damaged with one or more trees of sufficient size and maturity to fulfill the intent and purpose of this Chapter.

(Ord. 725 §3, 2022)

§ 17.43.010 Purpose of Chapter.

It is the intent of this Chapter to establish rules and regulations for the reduction and restriction of unnecessary and excessive stray light as given off by exterior lighting sources on commercial and residential buildings during the nighttime hours. The excessive stray light emitted from exterior lighting sources within the City constitutes a form of visual pollution that interferes with the enjoyment of the nighttime visual environment for citizens in and around the City of Jackson

§ 17.43.020 Definitions.

For the purpose of this Chapter phrases shall be defined as follows:

Color Rendering Index (CRI).

A method for describing the effect of a light source on the color appearance of objects being illuminated, with 100 representing the reference condition and is the CRI of natural outdoor light or a 100-watt incandescent bulb. In general, a lower CRI indicated that some colors may appear unnatural when illuminated by a lamp.

Correlated Color Temperature (CCT).

A description of the color appearance of a light source in terms of warmth or coolness, as measured on the Kelvin scale (K). As the temperature rises, the color appearance shifts from yellow to blue. Lamps with a low CCT (3000K or less) have a yellow-white color appearance and are generally described as "warm." Lamps with a high CCT (4000K and higher) have a blue-white color appearance and are described as "cool."

Full Cut Off Light Fixture.

A light fixture so designed that no light rays are directly emitted by the installed fixture at angles above the horizontal plane as certified by a photometric test report. As a practical matter, the light source cannot be seen when viewed on a plane horizontal with the bottom of the shade or shield.

High Intensity Discharge (HID) Lamp.

A term for a lamp or light source characterized by an arc tube which encloses various gases and metal salts operating at relative high pressures and temperatures. Common HID lamps are mercury vapor, metal halide and high-pressure sodium.

Light Emitting Diode (L.E.D.).

A light source where light is produced by passing an electric current through a semi-conductor diode. Intensity and color may change as a function of the energy level and type of semiconductor material used.

§ 17.43.030 Citywide Lighting Regulations.

The following regulations shall apply to all lighting within the City of Jackson, unless otherwise indicated:

No High Intensity Discharge lights may be utilized in any exterior application within the City.

No lights or lamps with a Correlated Color Temperature of higher than 2400 K or a Color Rendering Index of lower than 70 may be utilized on any exterior within the City.

§ 17.43.040 Residential Lighting Regulations.

All exterior lighting, including motion-sensitive lighting, will be provided by full cut-off fixtures that by design have a cut-off angle of not more than 90 degrees, properly installed so as to maintain the full cut-off angle of 90 degrees. Fixtures which are shielded by a structural element so as to meet the intent of a full cut-off fixture shall be considered to be in compliance.

Non-seasonal lights that blink, flash, rotate, move, or change in intensity or color and "wall washer" lights are prohibited with or without cut-off design.

Exterior lighting fixtures will be mounted no higher than 10 feet above the flooring, deck, walkway, driveway or other occupied area, or highest grade point of the ground surface immediately adjacent to the lighting fixture. The height of the fixture shall be vertical distance from the surface directly below the centerline of the fixture to the lowest direct light emitting part of the fixture.

§ 17.43.050 Commercial Lighting Regulations.

The following commercial lighting regulation apply to all property within the Commercial, Limited Commercial, Historic Commercial, Professional Office, and Public zones and those areas of a Planned Development utilized for commercial purposes:

All exterior lighting shall be provided by full cut-off fixtures that by design have a cut-of angle of not more than 90 degrees, properly installed so as to maintain the full cut-off angle of 90 degrees. Fixtures which are shielded by a structural element so as to meet the intent of a full cut-off fixture shall be considered to be in compliance.

Lights which blink, flash, rotate, move, or change in color or intensity are prohibited.

Exterior lighting fixtures will be mounted no higher than 13 feet above the flooring, deck, walkway, driveway or other occupied area, or highest grade point of the ground surface immediately adjacent to the lighting fixture. The height of the fixture shall be vertical distance from the surface directly below the centerline of the fixture to the lowest direct light emitting part of the fixture.

Temporary, ornamental lighting shall be allowed from October 15th to January 15th, and in all other times, for periods not to exceed 72 hours. Such lighting shall be deemed temporary if it is not of such permanent electrical wiring as would be deemed permanent under any applicable electrical code enforceable with the City.

Rope lights or L.E.D. lights that do not conform to Section 17.43.040 (Residential Lighting Regulations) are prohibited, unless they are temporary, ornamental lighting otherwise permitted.

The illumination of signs shall comply with Chapter 17.54 (Sign Regulations) of this code.

§ 17.43.060 Street Parking and Security Lighting.

The requirements for street, parking, and security lighting set forth in this Section, except where specifically exempted, apply to all zoning districts within the City.

All street, parking, and security lights will utilize full cut-off fixtures that by design have a cut-off angle of not more than 90 degrees, properly installed so as to maintain the full cut-off angle of 90 degrees. Fixtures which are shielded by a structural element so as to meet the intent of a full cut-off fixture shall be considered to be in compliance.

Lighting fixtures shall be mounted no higher than 15 feet above a parking or street surface.

§ 17.43.070 Exemptions and Nonconforming Fixtures.

The following exterior light fixtures shall be exempt from the regulation contained in this Section.

Illumination of the United States flag, provided that such lighting does not interfere with the vision of drivers or pedestrians, or otherwise create an unsafe condition for the public. No more than two lights per pole are allowed.

Fixtures which are part of an official traffic control device.

Lights and lighting devices which are part of a City event or public gathering, so long as the event or gathering is of a temporary nature and licensed or permitted under other provisions of the Municipal Code.

Lights which highlight theatre marquees, if approved by the Site Plan Review Committee.

Historic light fixtures which are part of a historic property and add to the historic character of the property.

Lights which illuminate public outdoor recreation facilities. Such lighting shall be designed to minimize light pollution.

Other fixtures which, by their nature, use, and design, present a compelling argument for the promotion of public health, safety, and welfare as determined by the Building Official or Chief of Police.

§ 17.43.080 Maintenance and Repairs of Nonconforming Fixtures.

Nonconforming fixtures may be maintained and repaired; however, any structural change in a nonconforming fixture or the addition of any fixtures shall be consistent with the provisions of this Chapter. Nonconforming fixtures that are destroyed or damaged to an extent in excess of 25 percent shall be replaced or repaired by a fixture which conforms to the provisions of this Chapter.

§ 17.44.010 Purpose of Chapter.

This Chapter establishes standards for the elimination and regulation of noise disturbances in order to protect the health, safety, welfare, and living/working environments of those living and working in the City.

§ 17.44.020 Noise Complaints.

Persons who believe that noise sources exceed any of the standards provided in this Section may file a complaint with the appropriate City department as follows:

Planning Department. Noise complaints regarding the following types of noise sources shall be directed to the Planning Department:

Commercial (non-governmental) repair or testing of aircraft, boats, or motor vehicles;

Loading and unloading activities;

Stationary, non-emergency, non-residential sources; or

Construction activity.

Police Department. Noise complaints regarding the following types of noise sources shall be directed to the Police Department. This Development Code does not contain procedures for regulating or enforcing standards related to these noise sources:

Animals;

Emergency signaling alarms or devices;

Motor vehicles (including alarms, radios, tape or disc players, etc.);

Places with dance permits; or

Radio, tape or disc players, television, or any similar devices whether on public or private property.

§ 17.44.030 Noise Measurement Criteria.

Exterior noise. Exterior noise levels may be measured at any point on the affected church, commercial property, hospital, public library, residential property, or school.

Noise measurement equipment. Any noise measurement made in compliance with this Section shall be made with a sound level meter using the 'A' weighted scale at slow meter response. Fast meter response shall be used only for an impulsive noise. Calibration of the measurement equipment, utilizing an acoustic calibrator, shall be performed immediately before the recording of any noise data.

§ 17.44.040 Exterior Noise Standards.

It shall be unlawful for any person, at any location within the City, to create any noise or to allow the creation of any noise on property leased, occupied, owned, or otherwise controlled by the person which does not comply with the provisions of this Section, unless the provisions of either Sections 17.44.050 (Residential Interior Noise Standards) or 17.44.070 (Exceptions), below have been met.

Exterior levels. Exterior noise levels, when measured at any receiving church, commercial, hospital, public library, residential or school property, do not conform to the provisions of this Section when they exceed the noise level standards established by Table 3-6.

Ambient noise level adjustment. In the event the measured ambient noise level exceeds the applicable noise level standard in any category above, the applicable standards shall be adjusted to equal the ambient noise level. For example, if the applicable noise level standard is 60 dB(A) and the ambient noise level is 63 dB(A), the applicable noise level standard would be adjusted to 63 dB(A). In these cases, a use would not exceed the applicable noise level standard if it did not increase the ambient noise level by more than 3.0 dB(A) when the ambient noise level is between 60 and 65 dB(A) or by more than 1.5 dB(A) when the ambient noise level is greater than 65 dB(A).

Simple tone noises. Each of the noise level standards specified above shall be reduced by five dB(A) for simple tone noises, noises consisting primarily of speech or music or for recurring impulsive noises.

Intruding noise source. If the intruding noise source is continuous and cannot reasonably be discontinued or stopped for a time period to allow measurement of the ambient noise level, the noise level measured while the source is in operation shall be compared directly to the applicable noise level standards in Table 3-6.

Equipment noise. The noise level standard applicable to the emission of sound from regulators, transformers, and associated equipment in electrical substations shall be 60 dB(A).

TABLE 3-6 NOISE STANDARD BY RECEIVING LAND USE
Noise Level Standards, dB(A)
Cumulative number of minutes in any hour	Day - 7:00 a.m. to 10:00 p.m.	Night - 10:00 p.m. to 7:00 a.m.
Hospital, Library, Religious Institution, Residential, or School Uses
30⁽¹⁾	55	50
15	60	55
5	65	60
1	70	65
0	75	70
Commercial Uses
30	65	60
15	70	65
5	75	70
1	80	75
0	85	80

Notes:
(1)	For example, this means the measured noise level may not exceed 55 dB(A) for more than 30 minutes out of any one hour time period.

Commercial/Industrial exterior noise standard. Whenever a new office, commercial, hotel/motel, or light industrial use is proposed on a parcel where the existing ambient noise levels may exceed 70 dB(A) CNEL, the land use permit application shall include an acoustical analysis of the affect of noise sources on the use. The acoustical analysis shall identify appropriate mitigation measures that reduce noise levels to acceptable levels. These mitigation measures shall be incorporated into the design, construction, and operation of the use. Office, commercial, hotel/motel, and light industrial uses that cannot mitigate noise levels to "Normally Acceptable" levels as defined in Table 6.1 of the General Plan shall not be approved.

Public/Institutional exterior noise standard. Whenever a hospital, library, school, congregate care, or similar public or institutional use is proposed on a parcel where the existing ambient noise levels may exceed 65 dB(A) CNEL, the land use permit application shall include an acoustical analysis of the affect of noise sources on the use. The acoustical analysis shall identify appropriate mitigation measures that reduce noise levels to acceptable levels. These mitigation measures shall be incorporated into the design construction, and operation of the use. Public and institutional uses that cannot mitigate noise levels to "Normally Acceptable" levels as defined in Table 6.1 of the General Plan shall not be approved.

Sensitive land uses. Whenever a use is proposed on a parcel where the expected noise levels generated by the use, when measured at any receiving church, hospital, public library, residential, or school property, may exceed the noise level standards established by Table 3-6, the land use permit application shall include an acoustical analysis of the affect of the noise generated by the use on the sensitive land use property. An acoustical analysis shall also be required when a commercial or industrial loading dock or area is located within 300 feet of a sensitive use. The acoustical analysis shall identify appropriate mitigation measures that reduce exterior noise levels to acceptable levels established by Table 3-6. These mitigation measures shall be incorporated into the design, construction, and operation of the use.

Mitigation. Reasonable noise mitigation measures including building setbacks, alternative site design techniques, and alternative building orientation layouts shall be employed in lieu of sound walls to mitigate noise impacts. Sound walls may be used if there are no other reasonable mitigation measures available or all reasonable mitigation measures do not satisfactorily reduce noise levels to acceptable levels.

§ 17.44.050 Residential Interior Noise Standards.

Single-family and multifamily residential development shall be designed and constructed to comply with the interior noise standards of this Section.

Interior noise standard. Whenever a new single-family or multifamily dwelling unit is proposed on a parcel where the existing exterior ambient noise level may exceed 60 dB(A) CNEL, the land use permit application shall include an acoustical analysis showing the dwelling unit has been designed to limit intruding noise to an interior CNEL of 45 dB, in compliance with California Code of Regulations Title 24, Part 2.

Noise mitigation measures. Whenever interior noise levels may exceed 45 dB CNEL, residential developments shall incorporate the following noise mitigation measures, where appropriate:

Increase the distance between the noise source and the receiver;

Locate bedrooms on the side of the structure away from major public rights-of-way; and/or

Locate land uses not sensitive to noise (e.g., garages, maintenance facilities, parking lots, utility areas, etc.) between the noise source and the receiver.

Noise barrier standards. The minimum acceptable surface weight for a noise barrier is four pounds per square foot (equivalent to three-fourths-inch plywood). Noise barriers shall interrupt the line-of-sight between the noise source and the receiver. The barrier shall be designed and constructed consistent with the provisions of Section 17.30.070 (Fences, Walls, and Hedges) of a continuous material which is resistant to sound and may including the following:

Earth berm or a combination of earth berm with concrete block; or

Masonry block; or

Precast concrete.

§ 17.44.060 Prohibited Acts.

The following acts, and the causing or allowing of these acts, are a violation of this Section:

Places of public entertainment. Operating or allowing to be operated, any loudspeaker, musical instrument, or other source of sound in any place of public entertainment that exceed 95 dB(A) at any point normally occupied by a customer, without a conspicuous and legible sign stating, "WARNING! Sound levels within may cause hearing impairment." Nothing in this Section shall be construed to allow any violation of Section 17.44.040 (Exterior Noise Standards) or any noise disturbance in any place of public entertainment;

Emergency signaling devices. The intentional sounding or allowing the sounding outdoors of any burglar, civil defense or fire alarm, siren, whistle, or similar stationary emergency signaling device, except for emergency purposes or for testing, which shall only be conducted in the following manner:

The testing of a stationary emergency signaling device shall not occur before 7:00 a.m. or after 7:00 p.m. Any testing shall use only the minimum cycle test time. The test time shall not exceed 60 seconds, and

The testing of the complete emergency signaling system, including the functioning of the signaling device, and the personnel response to the signaling device, shall not occur more than once in each calendar month. The testing shall not occur before 7:00 a.m. or after 10:00 p.m. The times specified in paragraph 1 above shall not apply to the complete system testing;

Sounding of alarms. Sounding or allowing the sounding of any exterior burglar or fire alarm or any motor vehicle burglar alarm unless the alarm is terminated within 15 minutes of activation;

Stationary non-emergency signaling devices.

Sounding or allowing the sounding of any electronically amplified signal from any stationary bell, chime, siren, whistle, or similar device, intended primarily for non-emergency purposes, from any place, for more than 10 seconds in any one hour period;

Persons, businesses and institutions which, as of September 1, 2009, were regularly sounding an electronically amplified signal, of a non-emergency nature, as part of the business or mission of the person, business, or institution, are exempt from the provisions of this Section. Reasonable accommodation shall be provided for other persons, businesses, and institutions. "Reasonable" is defined, for the purposes of this Section, as the minimum necessary to allow freedom of expression; and

Sound sources covered by this Section and not exempted under subsection B, above may be exempted by a Variance, approved in compliance with Chapter 17.44 (Noise);

Loading and unloading. Closing, loading, opening, unloading, or other handling of boxes, building materials, containers, crates, garbage cans, or similar objects between the hours of 10:00 p.m. and 7:00 a.m. in a manner that causes a noise disturbance beyond a residential property line. This action shall not apply to activities where the items handled are still in interstate commerce; and

Residential air conditioning, refrigeration, and heating. Notwithstanding the provisions of Section 17.44.040 (Exterior Noise Standards) where the intruding noise source is a residential air conditioning or a refrigeration system, heating system, or associated equipment installed before the effective date of this Section, the exterior noise level shall not exceed 55 dB(A). For equipment installed after the effective date of this Section, the exterior noise level shall not exceed 50 dB(A).

§ 17.44.070 Exceptions.

Construction. The provisions of this Chapter shall not apply to noise sources associated with nonsingle family residential construction, provided the activities do not take place before 7:00 a.m. or after 9:00 p.m. on any day except Sunday, or before 9:00 a.m. or after 6:00 p.m. on Sunday. The review authority may impose further limitations on the hours and day of construction or other measures to mitigate significant noise impacts on sensitive uses.

Emergency exception. The provisions of this Chapter shall not apply to:

The emission of sound for the purpose of alerting persons to the existence of an emergency; or

The emission of sound in the performance of authorized emergency work.

Maintenance of equipment. Notwithstanding the provisions of Sections A and B above, no exceptions to the provisions of this Section shall apply where the equipment used for those activities is not maintained in good condition which would result in unnecessarily creating a noise disturbance or exceeding the standards in Section 17.44.040 (Exterior Noise Standards), above.

Municipal Code provisions. The provisions of this Chapter shall not apply where noise standards are specified elsewhere in the Municipal Code.

Public health, safety, and welfare activities. The provisions of this Section shall not apply to construction or maintenance and repair operations conducted by public agencies and/or utility companies or their contractors which are deemed necessary to serve the best interests of the public and to protect the public health, safety, and welfare, including debris and limb removal, removal of downed wires, repairing of gas lines, oil lines, roads, sewers, sidewalks, storm drains, traffic signals, water hydrants and mains, restoring electrical service, street sweeping, unplugging sewers, vacuuming catch basins, etc.

Public transportation facilities. The provisions of this Section shall not apply to any airports, railroad facilities including but not limited to trains, rolling stock, and railroad equipment, publicly owned roads and rights-of-way, or other similar facilities.

Solid waste collection.

The provisions of this Section shall not apply to noise sources associated with the authorized collection of solid waste (e.g., refuse and garbage), provided the collection activities do not take place between the hours of 10:00 p.m. and 6:00 a.m.

Any noise complaints associated with the collection of solid waste shall be resolved to the satisfaction of the City Manager. The City Manager may require modifications to pick-up schedules, equipment used, or any other reasonable means deemed appropriate by the City Manager to resolve the noise complaints, including changing the 6:00 a.m. time to a later time (e.g., 7:00 a.m.) for any portion of the City.

State or Federal preempted activities. The provisions of this Section shall not apply to any activity regulated by State or Federal law including, but not limited to, trains, rolling stock, and railroad equipment.

City parks. The provisions of this Section shall not apply to public agency sanctioned recreational activities/programs conducted in public parks.

Warning devices. Warning devices, necessary for the protection of public safety (e.g., ambulance, fire, and police siren) shall be exempted from the provisions of this Section.