Chapter 17.07 — RESIDENTIAL ZONING DISTRICTS

This Chapter provides regulations applicable to development and new land uses in the residential zoning districts established by Section 17.06.020 (Zoning Districts Established).

The purposes of the individual residential zoning districts and the manner in which they are applied are as follows:

• A. RS (Residential Suburban) District. The "RS" zoning district is applied to lands for residential use, but with large lot sizes in order to promote and maintain the rural character of the area. The "RS" designation is also applied to areas characterized by terrain which is less suitable for higher residential densities. Minimum lot size is one acre. Population density and building intensity is one household and one single family dwelling per acre.

• B. RL (Residential Low Density) District. The "RL" zoning district is intended to provide a semi-rural residential land use. The minimum lot size is ½ acre. Population density and building intensity is one household and one single family dwelling unit per ½ acre.

• C. RSF (Residential Single Family) District. The "RSF" zoning district has been applied to areas in which urban services already exist or where they can easily be extended. The minimum lot size for "RSF" is 8,000 square feet. The population density and building intensity is one household and one single family dwelling per 8,000 square feet. When combined with the Planned Development (pd) designation the Planning Commission, at their discretion, may reduce the minimum lot size to 6,000 square feet as long as the following findings are made:

  1. Average slopes per lot are less than 15 percent;

  2. Surrounding transportation infrastructure can accommodate the increased density;

  3. Surrounding land uses are compatible with more dense single family residential; and

  4. Parking is adequate both on-site and on the street to accommodate both owners and guests.

• D. RD (Residential Duplex) District. The "RD" district is intended to be applied to properties predominately with duplexes, however, two detached residential units would also be allowed. The minimum lot size for "RD" development is 8,000 square feet. Population density and building intensity is one dwelling unit per 4,000 square feet of lot area.

• E. RM (Residential Medium Density) District. The "RM" zoning district is placed on lands where more intense residential uses, such as four-plexes, would be acceptable. The minimum parcel or lot size for "RM" development is 8,000 square feet with the building intensity limited to one dwelling unit per 3,000 square feet.

• F. RH (Residential High Density) District. The "RH" district is placed on lands which are suitable for multifamily housing. Minimum parcel or lot size is 4,000 square feet. The maximum allowable density and building intensity is one dwelling unit per 2,000 square feet.

• A. General land use permit requirements. Tables 2-2, 2-3 and 2-4 identify the uses of land allowed by this Development Code in each residential zoning district, and the land use permit required to establish each use, in compliance with Section 17.06.040 . (Zoning District Regulations).

Note: where the last column in the tables ("See Standards in Section") includes a section number, the regulations in the referenced section apply to the use; however, provisions in other sections of this Development Code may also apply.

Table 2-2 identifies the uses of land allowed by this Development Code in the residential zoning districts, and the land use permit required to establish each use, in compliance with Section 17.06.040 (Zoning District Regulations).

Supportive and Transitional Housing as defined in Article VII—Development Code Definitions, shall be allowed in all residential zoning districts and are not subject to any restrictions (e.g., occupancy limit) not imposed on similar dwellings (e.g., single family home, apartments) in the same zone in which the supportive housing and transitional housing is located.

Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Table 2-3, in addition to any other applicable requirements of this Chapter, and the development standards (e.g., landscaping, parking and loading, etc.) in Article III (Site Planning and General Development Standards).

Note: In accordance with Government Code Section 65852.3 the siting and permit process for manufactured housing in the same manner as a conventional or stick-built structure.

• (1) RSF and RD front yard setbacks shall be a minimum of 10 feet for single-story structures and 15 feet for two-story structures. Driveway lengths must be a minimum of 25 feet.

• (2) RSF front yard setback shall be as established above except where lots comprising 40 percent or more of the frontage on one side of the street between intersecting streets are developed with buildings having an average front yard with a variation of not more than 10 feet, no building hereafter erected or structurally altered shall project beyond the average front yard line so established. In determining such front yard depth, buildings located more than 25 feet from the front property line or buildings facing a side street on a corner lot shall not be counted.

• (2) Six-foot setback between dwelling unit and accessory buildings.

• (3) Ten-foot setback between dwelling structures and six foot setback between dwellings and accessory buildings.

• (4) Per Section 17.07.020(C) (Purposes of Residential Zoning District) the RSF minimum lot size may be reduced to 6,000 square feet.

The personal use, possession, purchase, transport or dissemination of marijuana shall be considered unlawful in all areas of the City to the maximum extent it is unlawful under California law. To the extent the City is required to allow the cultivation of marijuana for personal use under California law, the regulations set forth in this section shall apply.

• A. Personal Cultivation. For purposes of this section, cultivation means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana, conducted by an individual strictly for that individual's personal use, possession, processing, transporting, or

giving away without any compensation whatsoever in accordance with this Code and State law, as applicable.

• B. Outdoor Cultivation. Outdoor cultivation is prohibited in all zoning districts of the City. No use permit, building permit, variance, or any other permit or entitlement, whether administrative or discretionary, shall be approved or issued for any such use or activity.

• C. Indoor Cultivation. Indoor cultivation of marijuana may only be conducted in residential zoning districts in the City inside a private residence, or inside an accessory building to a private residence located upon the grounds of a private residence that is fully enclosed and secure. All indoor cultivation shall be subject to the following minimum restrictions, which are intended to serve as the City's reasonable regulations of residential indoor marijuana cultivation as provided by Health and Safety Code Section 11362.2(b)(1) :

  1. Prior to conducting any cultivation, a person must first obtain and maintain a valid Residential Indoor Marijuana Cultivation (RIMC) permit. The City Manager or his/her designee may develop and issue application and processing guidelines for issuance of RIMC permits, and no RIMC permit shall be granted unless and until a person has fully complied with the application and processing requirements. The City Council is authorized to establish and set reasonable fees by resolution for issuance and renewal of RIMC permits.

  2. The cultivation must be conducted by a person that is 21 years of age or older, and marijuana cultivation areas shall not be readily accessible to persons under 21 years of age.

  3. The following chemicals may not be used or stored in the cultivation area, and if stored elsewhere in the residence must be stored in leak and fireproof containers sufficient to provide storage up to required safety standards:

     • a. Explosive gases, including, but not limited to: Butane, Propane, Xylene, Styrene, Gasoline, Kerosene, Oxygen (O2), Carbon dioxide (CO2) or Hydrogen (H2).

     • b. Dangerous poisons, toxins, or carcinogens, including, but not limited to: Methanol, Isopropyl Alcohol, Methylene Chloride, Acetone, Benzene, Toluene, or Tri-choroethylene.

  4. Cultivation is prohibited on properties used for any of the following:

     • a. Day care or child care facilities;

     • b. Youth centers;

     • c. Group homes.

5. Renters must obtain the prior written consent of their landlord or the property owner for any cultivation permitted under this section.

   6. Structures used for cultivation shall comply with all laws concerning building and construction of structures, including, without limitation and as applicable, the Development Code, the California Building Code, Electrical Code, and Fire Code, as adopted by the City of Jackson.

   7. Marijuana cultivation lighting shall not exceed a total of 1,200 watts for the cultivation area with-in the private residence.

   8. The indoor use of generators and/or the indoor use of gas products, including, without limitation, CO2, butane, propane, and natural gas shall be prohibited for the cultivation of marijuana.

   9. The private residence shall maintain a fully functional kitchen, bathroom, and bedroom facilities for use by occupants, and the private residence shall not be used primarily for marijuana cultivation.

   10. Any private residence or accessory building used for cannabis cultivation shall contain a lock on the entry door, which shall remain locked at all times, except when the accessory building is in use or occupied by a person over 21 years of age

   11. Marijuana cultivation activities, including marijuana plants and any equipment used for cultivation shall not be visible from a public right-of-way.

• D. Enforcement. Any violation of this section is declared to be a public nuisance and may be abated by the City pursuant to Chapter 8.16 of this Code. Additionally, a violation of this section shall either be a misdemeanor or an infraction at the discretion of the prosecuting attorney, except to the extent such conduct is immune from criminal liability pursuant to State law. This section is cumulative of any other remedy granted to the City by law, and shall not prohibit the City from abating violations of this section by any available administrative, civil or other noncriminal means.

• E. Applicability. No part of this section shall be construed to allow any conduct or activity relating to the cultivation, distribution, dispensing, sale, or consumption of marijuana that is otherwise illegal under local or state law, nor is it intended to give any person or entity independent legal authority to cultivate marijuana or operate a marijuana business. No provision of this article shall be deemed a defense or immunity to any action brought against any person by the Amador County District Attorney's office, the Attorney General of the State of California or the United States of America.

• (Ord. 702 §6, 2017)