Title 8 HEALTH AND SAFETY

Chapter 8.02 PERSONAL INDOOR CANNABIS CULTIVATION

8.02.010 Purpose and intent.

The purpose of this chapter is to permit safe personal, noncommercial cannabis cultivation indoors at home pursuant to state law. This chapter is not intended to interfere with a patient's right to use medicinal cannabis pursuant to state law, as may be amended.

8.02.020 Applicability.

(A) This chapter explains reasonable regulations to allow indoor personal cannabis cultivation as authorized by Health and Safety Code Section paragraph (3) of subdivision (a) of Section 11362.1.

(B) An indoor personal cannabis cultivation permit is not required. However, structural improvements associated with personal cannabis cultivation may require the property owner or cultivator to obtain a building permit or other entitlement to comply with all applicable zoning, building, electrical and fire code regulations.

(D) Nothing in this chapter shall be construed to allow any conduct or activity relating to the cultivation, distribution, dispensing, sale, or consumption of cannabis that is otherwise illegal under local or state law. Nor shall it be construed, to exempt any activity related to the cannabis cultivation from any applicable electrical, plumbing, land use or other building or land use standards or permitting requirements. No provision of this chapter shall be deemed a defense or immunity to any action brought against any person by the Napa County district attorney's office, the attorney general of the state of California or the United States of America.

8.02.030 Definitions.

"Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or be discovered, or developed, that has psychoactive or medical properties, whether growing or not, including, but not limited to, the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" also means marijuana as defined by California Health and Safety Code Section 11018 and Business and Professions Code Section 26001(f), as both may be amended from time to time. Any reference to cannabis or cannabis products shall include medical and nonmedical cannabis and medical and nonmedical cannabis products, unless otherwise specified. Cannabis or cannabis product does not mean industrial hemp as defined by Health and Safety Code Section 11018.5, or the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product. Cannabis does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination.

"Cannabis concentrate" means manufactured cannabis that has undergone a process to concentrate the cannabinoid active ingredient, thereby increasing the product's potency.

"Cannabis cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis, inside a personal residence or fully enclosed and secure structure located on the same property as the personal residence.

"City" means the city of American Canyon.

"Commercial cannabis activity" includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, distribution, or sale of cannabis and cannabis products.

"Fully enclosed and secure structure." Within a fully enclosed and secure structure that complies with the California Building Code, as adopted in the city of American Canyon, or, if exempt from permit requirements, that has a complete roof enclosure supported by connecting walls extended from the ground to the roof, a foundation, slab or equivalent base to which the floor is secured by bolts or similar attachments, is secure against unauthorized entry, and is accessible only through one or more lockable doors and accessible only to the owner or tenant. Walls and roofs must be constructed of sold materials that cannot be easily broken through such as two inches by four inch or thicker studs overlaid with three-eighths inch or thicker plywood or the equivalent. Plastic sheeting, regardless of gauge, or similar products do not satisfy this requirement.

"Indoor cannabis cultivation" means cannabis cultivation using artificial lighting and/or ambient indoor lighting inside a residence or fully enclosed and secure structure.

"Outdoor cannabis cultivation" means cannabis cultivation using no artificial lighting conducted in the ground or in containers outdoors with no covering, as well as any cultivation not within a residence or fully enclosed and secure structure regardless of whether artificial and/or ambient lighting is used. Outdoor cultivation includes greenhouses, hoop houses, hot houses or similar structures.

"Personal cultivation" means indoor cannabis cultivation conducted by an individual strictly for that individual's personal or medical use, possession, processing, transporting, or giving away without any compensation whatsoever in accordance with this code and state law, including, but not limited to, Health and Safety Code Sections 11362.1 and 11362.2, as may be amended. Except as herein defined, personal cultivation does not include any cultivation conducted outdoors. In addition, personal cultivation does not include, and shall not authorize, as part of a business or commercial activity, including cultivation for compensation or retail or wholesale sales of cannabis.

"Private residence" or "residence." A house, apartment unit, accessory dwelling unit, mobile home or other similar dwelling which is permitted by the city.

8.02.040 Personal use indoor cannabis cultivation.

(A) Indoor cannabis cultivation for personal use is permitted within all private residential dwellings and fully enclosed and secure structures on the same property as the private residential dwelling, subject to all of the following minimum standards:

(1) No more than six cannabis plants may be cultivated indoors by either a qualified patient, primary caregiver, or an individual at least twenty-one years old at each private residential dwelling regardless of the number of qualified patients or adults twenty-one and older who reside at such private residential dwelling.

(2) The cultivation area shall not be accessible to minors. The cannabis plants shall be located in a locked space so to prevent access by minor age children, visitors, passersby, or anyone not authorized to possess cannabis.

(3) Any residence or fully enclosed and secure structure used for indoor cannabis cultivation shall have a ventilation and filtration system installed that shall ensure cannabis plant odors are not detectable off-site.

(4) Personal cannabis cultivation occurring on the property shall not be visible from the public right-of-way.

(5) Structures and equipment used for personal cannabis cultivation, such as indoor grow lights, backup power system, irrigation systems, air filtration systems, shall comply with all applicable zoning, building, electrical and fire code regulations as adopted by the city.

(6) All fully enclosed and secure structures used for indoor cannabis cultivation shall comply with the setback, lot coverage and other requirements set forth in Title 19.

(7) Personal cannabis cultivation shall not interfere with the primary occupancy of the building or structure, including regular use of kitchen(s) or bathroom(s).

(8) The use of power generators for cultivation equipment is prohibited, except as an emergency back-up system.

(9) Extension cord use in the cultivation room(s) is prohibited.

(10) Indoor grow lights used for cultivation shall not exceed one thousand two hundred watts per light.

(11) A portable fire extinguisher shall be kept in the fully enclosed and secure structure used for cannabis cultivation that complies with the regulations and standards adopted by the state fire marshal and applicable law. If cultivation occurs in a residence, the portable fire extinguisher shall be kept in the same room as where the cultivation occurs.

8.02.050 Other requirements for personal use indoor cannabis cultivation.

(A) The cultivation area shall not adversely affect the health or safety of the occupants of the private residence or the parcel or any other property by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, mold, or other impacts, and shall not be maintained as to constitute a hazard due to use or storage of materials, processes, products or wastes.

(B) The cultivation area shall comply with all California Building, Electrical, Fire, Mechanical and Plumbing Codes as adopted by the city; and the residence has: (1) a permanent connection to a public water source drawing water; (2) does not engage in unlawful or unpermitted surface drawing of water for such cultivation; (3) does not permit illegal discharges of water from the parcel.

8.02.060 Enforcement.

(A) Nuisance. Any violation of this chapter is declared to be a public nuisance.

(1) Building Code violations associated with indoor cannabis cultivation shall be deemed a nuisance and subject to enforcement in accordance with Title 9.12 of this code.

(2) Indoor cannabis cultivation within a private residential dwelling and fully enclosed and secure structure on the same property that exceed six cannabis plants shall be subject to a fine assessed in the amounts specified by resolution of the city council.

(3) Outdoor cannabis cultivation in violation of Section 8.02.020(C) shall be deemed a nuisance and subject to enforcement in accordance with Title 9.12 of this code. Fines for specific violations of this Ordinance shall be assessed in the amounts specified by resolution of the city council.

Chapter 8.04 NUISANCES GENERALLY

8.04.010 Violations public nuisances.

(A) In addition to other penalties provided by law, any condition caused or permitted to exist in violation of any provision of this code, or any such threatened violation, shall be deemed a public nuisance and may be abated as such by the city in accordance with applicable statutes.

(B) Also, any such violation or threatened violation as referred to in subsection A of this section, or any condition caused or permitted to exist in violation of any of the provisions of any code adopted by reference by this code, or of the provisions of any other city ordinance, shall be deemed a public nuisance which may be abated by the city attorney in a civil judicial action.

8.04.020 Nuisances—Recovery of abatement expenses.

(A) Whenever any person creating, causing, committing, or maintaining a public nuisance, as referred to in Section 8.04.010 of this chapter, or other public nuisance, as defined under state law or other ordinance or regulation, has been given notice, by or on behalf of the city attorney or by any other city officer, employee or policing agent authorized to give such notice, to abate such nuisance or cease and desist from continuing such nuisance or violation of law, and such person who was given notice fails, refuses, or neglects to comply with the notice within the time specified therein, or if such a time is not specified, then within a time reasonably sufficient to enable such compliance, such noncomplying person shall be liable to the city for any and all costs and expenses to the city involved in thereafter abating the nuisance and in obtaining compliance with or enforcing the law as referred to or encompassed in the notice.

(B) Costs and expenses, as referred to in subsection A of this section may include, but are not limited to, any and all direct costs and expenses related to such things as personnel salaries and benefits, operational overhead, rent, interest, fees for experts or consultants, legal costs or expenses, including attorney's fees, claims against the city arising as a consequence of the nuisance or violation, and procedures associated with collecting moneys due under this chapter.

(C) The provisions of subsection A of this section shall also apply to any person who received a notice, as specified therein, and thereafter the nuisance or violation was abated, but such person subsequently allowed or was responsible for a recurrence of the nuisance or violation.

(D) The liability of any person for the payment of the costs and expenses, not to exceed one hundred dollars, provided for in subsection A of this section may be waived in whole or in part by the city attorney in any case wherein he determines, in his sole discretion, that the failure or refusal of such person to comply with the notice therein involved was based upon a good faith and bona fide issue of law or fact specially involved in the circumstances of the case. Any determination or decision of the city attorney in this regard shall be final and conclusive.

(E) Moneys due to the city pursuant to this section may be recovered in an appropriate civil action. Alternatively, such liability may be enforced by special assessment proceedings against the parcel of land upon which the nuisance existed, which proceedings may be conducted in a manner substantively similar to proceedings described in Sections 39574 et seq., of the Government Code of the state relating to weed abatement assessments.

Chapter 8.05 DANGEROUS ANIMALS

8.05.010 Use of Napa County's dangerous animal ordinance.

Napa County Code Chapter 6.16, Dangerous Animals, as it may be amended from time to time, is adopted by reference as though fully set forth in this chapter.

8.05.011 City expenses to be recovered.

Any costs incurred by the city as a result of implementing or enforcing this chapter shall be deemed a cost of abatement, which shall be recoverable through the same procedures as set forth in Napa County Code, Section 6.16.090, Impoundment Costs-Assessment.

Chapter 8.06 BARKING DOGS

8.06.010 Intent and purpose.

The intent and purpose of this chapter is to ensure the peace and comfort of residents in the city by providing for penalties to owners of dogs that cause a nuisance to neighbors by habitually barking, howling, or yelping and therefore disturbing the peace and tranquility of the neighborhood.

8.06.020 Nuisance declared.

No person shall knowingly keep or harbor any dog that habitually barks, howls or yelps and thereby causes great discomfort of the peace and quiet of the neighborhood or materially disturbs or annoys persons in the neighborhood who are of ordinary sensibilities. Such dogs are hereby declared a public nuisance.

8.06.030 Notice to dog owner.

Whenever any person complains to the police department that a dog that habitually barks, howls, or yelps is being kept by any person in the city, the police department shall notify the owner of the dog or the resident or tenant at the property where the dog is being kept that a complaint has been received and that the person shall take whatever steps necessary to alleviate the barking, howling, or yelping.

8.06.040 Failure to abate nuisance.

(A) If the warning given to the owner of the dog or the tenant or resident at the property pursuant to Section 8.06.030 where the barking, howling, or yelping dog is being kept is ineffective, then a verified complaint of at least two citizens not from the same household may be presented to the police department, alleging that a dog that habitually barks, howls, or yelps is being kept by such person within the city. The police department shall inform the owner of the dog or the resident or tenant of the property at which the dog is being kept that such a petition has been received and shall cite the owner of the dog for a violation of this chapter as alleged in the complaint.

(B) Notwithstanding the provisions of subsection (A) of this section, if a police officer responds to a complaint from a resident and hears the barking, howling, or yelping, the officer shall give a warning for a first offense and shall issue a citation for any additional complaints received beyond the initial warning without the need for petition from two or more citizens.

(C) In the event the nuisance continues, citations will be issued in accordance with the provisions of the administrative citation ordinance.

Chapter 8.08 FIRE REGULATIONS

8.08.010 Fire protection district regulations—Adopted by reference.

Ordinance 93-01 of the American Canyon fire protection district is adopted by reference as though fully set forth in this chapter.

8.08.020 Fire chief—Designated.

The fire chief of the American Canyon fire protection district is designated as fire chief of the city in order to enforce the Uniform Fire Code within the city limits.

Chapter 8.12 COMMUNITY NOISE

8.12.010 Purpose of provisions—Public nuisance determination.

The city council has determined that:

(A) Certain noise levels and vibrations are detrimental to the public health, welfare, safety and quality of life, and are contrary to the public interest;

(B) The making and creating of disturbing, excessive or offensive noises within the city is a public nuisance, and is unlawful, and the noise ordinance shall be enforced as provided in this chapter.

8.12.020 Definitions.

All terminology used in this chapter, not defined in this section, shall be in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body.

"Agricultural property" means any area in which agricultural uses are permitted by the terms of Title 19 Zoning, of this code.

"Ambient noise level" means the composite of noise from all sources near and far. In this context, the ambient noise level constitutes the normal or existing level of environmental noise at a given location.

"Amplified sound" means any sound created by the use of sound-amplifying equipment.

"A-weighted sound level" means the sound level in decibels, as measured on a sound level meter using the A-weighted network. The level so read is designated "dB(A)" or "dBA."

"Commercial area" means any area defined as commercial in Title 19 Zoning, of this code.

"Construction" means any site preparation, assembly, erection, substantial repair, alteration or similar action for or of public or private rights-of-way, structures, utilities or similar property.

"Cumulative period" means an additive period of time composed of individual time segments which are either continuous or interrupted.

"Decibel (dB)" means a unit of measurement indicating the relative intensity of a sound, equal to twenty times the logarithm to the base 10 of the ratio of the pressure of the sound, measured to the reference pressure, which is twenty microPascals.

"Demolition" means any dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way surfaces, or similar property.

"Emergency work or action" means any work or action necessary to restore property to a safe and usable condition after a public calamity, or work required to protect persons or property from imminent exposure to danger or damage, or work by public or private utilities to restore utility service.

"Fixed noise source" means a stationary device which creates sounds while fixed or motionless, including, but not limited to, residential, agricultural, industrial and commercial machinery and equipment, pumps, fans, compressors, air conditioners and refrigeration equipment.

"Impulsive sound" means sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions, drop-forge impacts, and the discharge of firearms.

"Industrial area" means any area defined as industrial or manufacturing in Title 19 Zoning, of this code.

"Intrusive noise" means that noise which intrudes over and above the existing ambient noise at a given location. The relative intrusiveness of a sound depends upon its amplitude, duration, frequency and time of occurrence, and tonal or informational content, as well as the prevailing ambient noise level.

"Mobile noise source" means any noise source other than a fixed noise source.

"Motor vehicle" means and includes any and all self-propelled vehicles as defined in the California Motor Vehicle Code, including all on-highway type motor vehicles subject to registration under said Code, and all off-highway type motor vehicles subject to identification under said Code.

"Noise control officer" means the community development director or the designated representative of the director except that for the purposes of granting variances pursuant to Section 8.12.100 of this chapter which are heard in conjunction with an application for land division, use permit or other entitlement for use, the noise control office shall be the person or body authorized by this code to issue such land division, use permit, or other entitlement for use.

"Noise disturbance" means any sound which endangers or injures the safety or health of humans or animals; disturbs the peace and quiet of any neighborhood; annoys or disturbs a reasonable person of normal sensibilities; or endangers or damages personal or real property.

"Noise zone" means any defined area or region of a generally consistent land use wherein the ambient noise levels are within a range of five dB.

"Person" means any individual, association, partnership or corporation, including any governmental officer, employee, department, agency or instrumentality of a state or any political subdivision of a state.

"Powered model vehicle" means any self-propelled, airborne, waterborne or landborne plane, vessel or vehicle which is not designed to carry persons, including, but not limited to, any model airplane, boat, car or rocket.

"Public right-of-way" means any street, avenue, boulevard, highway, sidewalk or alley or similar place which is owned or controlled by a governmental entity.

"Public space" means any real property or structures thereon which are owned or controlled by a governmental entity.

"Pure tone" means any sound which can be judged as audible as a single pitch or a set of single pitches by the noise control officer.

"Real property boundary" means an imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intra-building real property divisions.

"Residential area" means any area defined as residential in Title 19 Zoning, of this code.

"Sound-amplifying equipment" means any device for the amplification of the human voice, music, or any other sound, excluding:

(1) Standard automobile radios when used and heard only by the occupants of the vehicle in which the radio is installed; and

(2) Warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic-safety purposes.

"Sound level meter" means a sound measuring instrument which meets the American National Standards Institute's Standard S1.4-1971, or the most recent revision thereof, for Type 1 or Type 2 sound level meters; or, an instrument and the associated recording and analyzing equipment which will provide equivalent data.

8.12.030 Administration and enforcement—Authority and procedures.

(A) The noise control program established by this chapter shall be administered by the community development director or by the director's designated representatives, and shall be enforced by

the community development director and the police chief or their designated representatives unless otherwise expressly provided herein.

(B) In order to implement and enforce this chapter, and for the general purpose of noise abatement and control, the community development director, as city noise control officer (hereinafter "NCO"), shall have, in addition to any other authority vested in the director, the power to:

(1) Studies. Conduct or cause to be conducted studies, research and monitoring related to noise, including joint cooperative investigation with public or private agencies, and the application for and acceptance of grants;

(2) Education. Conduct programs of public education regarding the cause, effect and general methods of abatement and control of noise and the actions prohibited by this chapter, and the procedures for reporting violations. Public interest groups shall be encouraged in related public information efforts;

(3) Training. Provide for training of field inspectors and other technical personnel concerned with noise abatement, in conformance with standards for technical qualifications as established by the State Office of Noise Control;

(4) Coordination and Cooperation.

(a) Coordinate the noise-control activities of all city departments,

(b) Cooperate where practicable with all appropriate state and federal agencies,

(5) Public and Private Projects. On all public and private projects which are likely to cause noise in violation of this chapter and which are subject to mandatory review or approval by other departments:

(a) Review for compliance with the intent and provisions of this chapter,

(b) Require sound analyses which identify existing and projected noise sources and associated noise levels;

(6) Inspections. Upon presentation of proper credentials, enter upon and inspect any private property of place, at any time when granted permission by the owner, or by some other person with apparent authority to act for the owner. When permission is refused or cannot be obtained, an inspection warrant may be obtained from a court of competent jurisdiction upon showing of probable cause to believe that a violation of this chapter may exist. Such inspection authority may include the conduct of any necessary tests;

(7) Zoning Changes. Prior to the approval of any zoning change:

(a) Review the potential noise impact of the zoning change by identifying existing and projected noise sources and the associated sound levels,

(b) Recommend the imposition of adequate control measures on noise sources identified.

(1) Develop measurement standards and procedures which will further the purposes of this chapter;

(2) Develop administrative procedures which will provide for effective enforcement of this chapter;

(3) Investigate and pursue possible violations of this chapter;

(4) Where appropriate under this chapter, delegate functions to personnel within the department;

(5) Assist in or review the total transportation planning of the city, including planning for new roads and highways, bus routes, airports, and other systems of public transportation, to insure that proper consideration is taken with regard to the impact of sound levels and that the policies set forth in the noise element are adhered to;

(6) Provide ongoing assistance to local agencies in determining possible mitigation measures for current or forecast noise problems;

(7) Make recommendations to the city council for modifications or amendments to this chapter to insure consistency with all state and federal laws and regulations, and as may otherwise be deemed appropriate;

(8) Administer noise program grants, funds and gifts from public and private sources, including the state and federal governments.

8.12.040 General noise restrictions designated.

(A) Notwithstanding any other provision of this chapter, and in addition thereto, it is unlawful for any person to wilfully or negligently make or continue, or cause to be made or continued, any loud, unnecessary or unusual noise which disturbs the peace and quiet of any neighborhood or which causes any discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area.

(B) The factors which shall be considered in determining whether a violation of the provisions of this section exists shall include, but not be limited to, the following:

(1) The sound level of the objectionable noise;

(2) The sound level of the ambient noise;

(3) The proximity and timing of the noise in relation to residential sleeping facilities and normal sleeping hours;

(4) The nature and zoning of the area within which the noise emanates;

(5) The number of persons affected by the noise source;

(6) The time of day or night the noise occurs;

(7) The duration of the noise and its tonal or musical content;

(8) Whether the noise is continuous, recurrent or intermittent;

(9) Whether the noise is produced by a commercial or noncommercial activity.

8.12.050 Measurement procedures.

Upon receipt of a complaint, the noise control officer, or designee, shall investigate the complaint. The investigation may consist of a measurement and the gathering of data required to comply with such code section, and a deadline date for such compliance, and shall warn that if a subsequent inspection or sound level measurement discloses the continued existence of such violation, further action will be taken to adequately define the noise problem, and may include the following:

(A) Nonacoustic Data.

(1) Type of noise source;

(2) Location of noise source relative to complainant's property;

(3) Time period during which the noise source is considered by complainant to be intrusive;

(4) Total duration of noise produced, by noise source;

(5) Date, time and precise location of the noise measurement survey.

(B) Noise Measurement Procedure. Utilizing the "A" weighting scale of the sound level meter and the "slow" meter response, the NCO or designee shall measure the noise level at a position or positions at any point on the complainant's property. Calibration of the measurement equipment, utilizing an acoustic calibrator, shall be performed immediately prior to recording any noise data, and the measurement itself shall be conducted in accordance with procedures established by the noise control officer.

8.12.060 Interior noise standards.

Maximum Permissible Dwelling Interior Sound Levels. The interior noise standards for residential dwelling units generated by noise sources outside the dwelling unit, as presented in Table 8.12.060 shall apply, unless otherwise specifically indicated, within all such dwelling units.

Table 8.12.060

Interior Noise Limits

Type of Land Use	Time Interval	Allowable Interior Noise Level (dBA)
Residential	10 p.m. — 7 a.m.	55
	7 a.m. — 10 p.m.	60

8.12.070 Exterior noise limits.

Maximum Permissible Dwelling Exterior Sound Levels. The exterior noise standards for residential dwelling units generated by noise sources outside the dwelling unit, as presented in Table 8.12.070 shall apply, unless otherwise specifically indicated, outside all such dwelling units.

Table 8.12.070

Exterior Noise Limits

(Levels not to be exceeded more than thirty minutes in any hour)

Type of Land Use	Time Interval	Allowable Exterior Noise Level (dBA)
Residential Single and double	10 p.m. — 7 a.m.	50
Residential Single and double	7 a.m. — 10 p.m.	60
Residential multiple	10 p.m. — 7 a.m.	55
Residential multiple	7 a.m. — 10 p.m.	60

8.12.080 Specific types of noise prohibited.

(A) Noise Disturbances Prohibited. No person shall unnecessarily make, continue or cause to be made or continued any noise disturbance.

(B) Specific Prohibitions. The following acts, and the causing or permitting thereof, are declared to be in violation of this chapter:

(1) Animals, Including Fowl. Keeping or maintaining, or permitting to be kept or maintained upon any premises owned, occupied or controlled by any person of any animal or animals which, by any frequent or long-continued noise, shall cause annoyance or discomfort to two or more reasonable persons of normal sensitiveness who reside in separate residences, including apartments and condominiums. However, the NCO or designee may proceed on the basis of a complaint from only one person if circumstances are determined to exist whereby a noise disturbance caused by an animal affects only one individual.

(a) Any noise which is audible continuously for ten minutes, or intermittently for thirty minutes shall be prima facie evidence of such annoyance or discomfort.

(b) Factors which may be used to evaluate excessive animal noise, include, but are not limited to:

(i) Pitch;

(ii) Pattern;

(iii) Duration;

(iv) Frequency of occurrence.

(2) Construction or Demolition.

(a) Operating or causing the operation of any tools or equipment used in construction, drilling, repair, alteration or demolition work between the hours of seven p.m. and seven a.m., such that the sound therefrom creates a noise disturbance across a residential or commercial real property line, except for emergency work of public service utilities or by variance issued by the appropriate authority. This subsection shall not apply to the use of domestic power tools, as specified in subsection (B)(3) of this section.

(b) Noise Restrictions at Affected Properties. Where technically and economically feasible, construction activities shall be conducted in such a manner that the maximum noise levels at affected properties will not exceed those listed in the following schedule:

Table 8.12.080

Noise Limits for Construction Activities

Timeframe	Residential	Commercial	Industrial
Daily: 7 a.m. to 7 p.m.	75 dBA	80 dBA	85 dBA
Daily: 7 p.m. to 7 a.m.	60 dBA	65 dBA	70 dBA

(3) Domestic Power Tools—Machinery.

(a) Operating or permitting the operation of any mechanically powered saw, sander, drill, grinder, lawn or garden tool, or similar tool between ten p.m. and seven a.m. so as to create a noise disturbance across a residential or commercial real property line;

(b) Any motor, machinery or pump, such as swimming pool equipment, etc., shall be sufficiently enclosed or muffled and maintained so as not to create a noise disturbance in accordance with Section 8.12.040.

(4) Loading and Unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans or similar objects between the hours of ten p.m. and six a.m. in such a manner as to cause a noise disturbance across a residential real property line or at any time to violate the provisions of Section 8.12.040.

(5) Loudspeakers, Amplified Sound. Using or operating for any purpose any loudspeaker, loudspeaker system or similar device, such that the sound therefrom creates a noise disturbance, or at any time violates the provisions of Section 8.12.040, except for any activity for which a variance has been issued by the NCO.

(6) Powered Motor Vehicles. Operating or permitting the operation of powered model vehicles so as to create a noise disturbance across a residential or commercial real property line or at any time to violate the provisions of Section 8.12.040.

(7) Radios, Television Sets, Musical Instruments and Similar Devices. Operating, playing or permitting the operation or playing of any radio, television set, phonograph, drum, musical instrument, or similar device which produces or reproduces sound in such a manner as to create a noise disturbance, or at any time to violate the provisions of Section 8.12.040, except for activities for which a variance has been issued by the NCO.

(8) Street Sales.

(a) The solicitation, sale or advertising of any product or service by shouting or outcry within any residential or commercial area or noise-sensitive zone of the city, except by variance issued by the NCO;

(b) The provisions of this subsection shall not be construed to prohibit the selling by outcry of merchandise, food and beverages at licensed sporting events, parades, fairs, circuses, or other similar licensed public entertainment events.

(9) Tampering with Noise Control Devices. The removal or rendering inoperative, other than for purposes of maintenance, repair or replacement of any noise-control device or element thereof, from any product required to meet specified noise emission limits under federal, state or local law, and the use of such product after its noise-control device has been removed or rendered inoperative, other than for purposes of maintenance, repair or replacement.

8.12.090 Exemptions to noise regulations.

(A) Emergency Exemption. The provisions of this chapter shall not apply to:

(1) The emission of sound for the purpose of alerting persons to the existence of an emergency; or

(2) The emission of sound in the performance of emergency work.

(B) Warning Devices. Warning devices necessary for the protection of public safety, as for example police, fire and ambulance sirens, and train horns, shall be exempted from the provisions of this chapter.

(C) Outdoor Activities. The provisions of this chapter shall not apply to temporary events as defined in Chapters 5.05 and 12.04, provided such events are conducted pursuant to licenses issued pursuant to Chapters 5.05 and 12.04, respectively, of this code and then only as specifically required by such chapters or any manual of standards adopted by resolution of the city council for the purpose of implementing such chapters.

(D) Preexisting Noise Sources. Those commercial and industrial operations in existence prior to the date of adoption of the ordinance codified in this chapter, if it can be shown that compliance with the provisions in this chapter constitutes a hardship in terms of technical and economic feasibility, a variance may be granted until such time as compliance may be effected.

8.12.100 Variances.

(A) The noise control officer is authorized to grant variances for a period of not more than five years from any provision of this chapter, subject to limitations as to area, noise levels, time limits, and other terms and conditions as the noise control officer determines are appropriate to protect the public health, safety and welfare from the noise disturbance. Variances exceeding five years are not permitted. This section shall in no way affect the duty to obtain any other permit or license that may be required by law before implementing a proposed project.

(B) Any person seeking a variance pursuant to this chapter shall file an application with the noise control officer.

(1) Information which demonstrates that bringing the source of the sound or activity for which the variance is sought into compliance with this chapter would constitute an unreasonable hardship on the applicant, on the community, or on other persons; and

(2) Payment of that environmental and application fee established by resolution of the city council; and

(3) A list of the owners of each parcel of real property any portion of the outer boundary of which is within three hundred feet of the outer boundary of the parcel on which the fixed noise source for which the variance is requested is, or will be, located. This list must be certified as accurate in a manner approved by the community development director, and must be in a form approved by the director. This subdivision 3 shall not be applicable if the variance is requested for a mobile noise source; and

(4) If the noise source involves, or may involve, the use of ammunition, a list of all improved parcels that are located within one mile of the parcel on which the noise source for which the variance is requested is, or will be, located. This list must be certified as accurate and complete in a manner approved by the community development director, and must be in a form approved by that director; and

(5) Such additional information as the noise control officer may require.

(D) A separate application shall be filed for each noise source; provided, however, that variance requests involving several mobile noise sources under common ownership, or variance requests involving several fixed noise sources to be located on a single parcel, may be combined in one application.

(E) The following notice of an application for a variance shall be given. If the request for a variance is filed in conjunction with a request that the city approve a land division, use permit or other entitlement for use, the notice shall be consolidated with the notice regarding such application:

(1) The notice shall be published once in a newspaper of general circulation in the city.

(2) If the variance is requested for a fixed noise source, the notice shall be mailed to the owners of all real property located within three hundred feet of the parcel on which the fixed noise source is located or is proposed to be located.

(3) If the variance is requested for a fixed noise source, and if the noise source involves, or may involve, the use of ammunition, the notice shall be mailed to the owner of each improved parcel that is located within one mile of the parcel on which the noise source for which the variance is requested is located or is proposed to be located.

(F) A public hearing shall be scheduled before the noise control officer. At the hearing, any person who would be adversely affected by the granting of the requested variance may object orally or in writing and provide any information to support said objection.

(G) In determining whether to grant or deny the application, the noise control officer shall balance the hardship on the applicant, the community and other persons of not granting the variance against the adverse impact on the health, safety and welfare of persons affected by the noise disturbance, as well as any other adverse impacts that will result if the variance is granted. The variance shall be conditioned in such a way as to protect the public health, safety and welfare from the noise source. In determining the conditions to be imposed, the noise control officer shall, at a minimum, consider the magnitude of the nuisance that is or will be caused by the offensive noise, the uses of the property within the area that will be affected by the noise, operations carried on under existing nonconforming rights or previously approved conditional use permits or zoning variances, and the economic factors related to the age and useful life of the equipment that is creating the noise or will create the noise.

(H) No variance shall be granted until all conditions are agreed to by the applicant. All variances granted shall provide that noncompliance with any condition of the variance shall terminate the variance and subject the persons holding it to all of the provisions of this chapter.

(I) The applicant shall be notified of the approval or denial of the variance and of any conditions attached to the approval of a variance by certified mail within ten working days of the close of the public hearing.

(J) Appeals of an adverse decision of the noise control officer shall be made to the city council pursuant to Chapter 2.04 of this code.

(K) The noise control officer shall maintain a written record of all decisions denying or granting each variance, including the reasons for such denial or approval.

8.12.110 Enforcement.

(A) Violation of Section 8.12.040 or 8.12.060 of this chapter shall be a public nuisance which may be abated civilly or enforced criminally in accordance with Chapter 9.12 of this code.

(B) Those employees of the community development department specified in Chapter 9.12 of this code shall have the authority under Penal Code Section 836.5 to issue citations for violations of this chapter, except that no such criminal citation shall be issued for any violation which has already been abated in a fashion satisfactory to the noise control officer or during the period for compliance specified in any abatement order issued for the same violation.

Chapter 8.16 FLOODPLAIN MANAGEMENT REGULATIONS

Article I Statutory Authorization, Findings of Fact, Purpose and Methods

8.16.010 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. Therefore, the city council of the city of American Canyon does adopt the following floodplain management regulations.

8.16.020 Findings of fact.

(A) The flood hazard areas of the city of American Canyon 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 affects public health, safety and general welfare.

(B) 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.

8.16.030 Statement of purpose.

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

(A) Protect human life and health;

(B) Minimize expenditure of public money for costly flood control projects;

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

(D) Minimize prolonged business interruptions;

(E) 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;

(F) 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;

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

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

8.16.040 Methods of reducing flood losses.

In order to accomplish its purposes, this chapter includes methods and provisions to:

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

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

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

(D) Control filing, grading, dredging and other development which may increase flood damage; and

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

8.16.050 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 principal 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, and which is 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 hazard." See "Special flood hazard area."

"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 mudslide (i.e. mudflow) hazard" is the area subject to severe mudslides (i.e., mudflows). The area is designated as 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 "100-year flood"). Base flood is the term used throughout this chapter.

"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 and which 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 ten and no more than twenty pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions:

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

2. 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."

"Coastal high hazard area" means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. It is an area subject to high velocity waters, including coastal and tidal inundation or tsunamis. The area is designated on a Flood Insurance Rate Map (FIRM) as zone V1—V30, VE or V.

"Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, 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 structure 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 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 manufacture 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).

"Flood, flooding, or flood water" means:

1. 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., mudflows); and

2. The condition resulting from 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 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 ordinance and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and to the application of police power which control development in flood-prone areas. This term describes federal, site 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 (Refer to FEMA Technical Bulletins TB 1-93, TB 3-93 and TB 7-93 for guidelines on dry and wet floodproofing).

"Flood-related erosion" means the collapse or subsidence of land along the shore of a lake or other body of water as a result of undermining caused by waves or currents of water exceeding anticipated cyclical level or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusually 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 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. Also referred to as "regulatory floodway."

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

"Fraud and victimization" as related to Article V, Variance Procedure, of this chapter, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the city council will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty to one hundred years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increase risk of damage from floods, which future owners of the property and the community as a whole are subject to all 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 carries out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities.

"Governing body" is the local governing 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 Article V, Variance Procedure, 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 peculiar 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, or requires the property owner to build elsewhere or put the parcel to a different use 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:

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

2. 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 of the Interior to qualify as a registered historic district;

3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or

4. 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 or directly by the Secretary of the Interior in states without approved programs.

"Levee" means a man-made 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 floor" means the lowest floor of the lowest enclosed area, including basement. See "Basement."

1. An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided it conforms to applicable non-elevation design requirements, including, but not limited to:

a. The wet floodproofing standard in Section 8.16.160(C)(3);

b. The anchoring standards in Section 8.16.160(A);

c. The construction materials and methods standards in Section 8.16.160(B); and

d. The standards for utilities in Section 8.16.170.

2. For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements. See "Basement." This prohibition includes below-grade garages and storage areas.

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

"Market value" shall be determined by estimating the cost to replace the structure in new condition and adjusting that cost figure by the amount of depreciation which has accrued since the structure was constructed. The cost replacement of the structure shall be based on a square foot cost factor determined by reference to a building cost estimating guide recognized by the building construction industry. The amount of depreciation shall be determined by taking into account the age and physical deterioration of the structure and functional obsolescence as approved by the floodplain administrator, but shall not include economic or other forms of external obsolescence. Use of replacement costs or accrued depreciation factors different from those contained in recognized building cost estimating guides may be considered only if such factors are included in a report prepared by an independent professional appraiser and supported by a written explanation of the differences.

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

"Mudslide" 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 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, wharf, 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" or "100-year flood." See "Base flood."

"Primary frontal dune" means a continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively mild slope.

"Public safety and nuisance" as related to Article V, Variance Procedure, of this chapter means that the granting of a variance must not result in anything which is injurious to 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 vehicle which is:

1. Built on a single chassis;

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

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

4. 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.

"Remedy a violation" means to bring the structure or other development into compliance with state or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing state or federal financial exposure with regard to the structure or other development.

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

"Sand dunes" means naturally occurring accumulations of sand in ridges or mounds landward of the beach.

"Sheet flow area." See "Area of shallow flooding."

"Special flood hazard area (SHFA)" means an area in the floodplain subject to a one percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as zone A, AO, A1-30, AE, A99, AH, 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 to other improvement was within one hundred eighty 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 a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufacture home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property 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 before damaged condition would equal or exceed fifty percent of the market value of the structure before the damage occurred.

"Substantial improvement" means any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds fifty 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 preformed. The term does not, however, include either:

1. 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 the minimum necessary to assure safe living conditions; or

2. Any alteration of a "historic structure," provided that 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 chapter.

"Violation" means the failure of a structure or other development to be fully compliant with this chapter. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided.

"V Zone." See "Coastal high hazard area."

"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 floodplain 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.

Article II General Provisions

8.16.060 Lands to which this chapter applies.

This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city of American Canyon.

8.16.070 Basis for establishing the areas of special flood hazard.

(A) 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 September 15, 1989, accompanying flood insurance rate maps (FIRMs) and flood boundary and floodway (FBFMs), dated 1980 and all subsequent amendments and/or revisions, are 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 ordinance and which are recommended to the city council by the floodplain administrator. The study, FIRMs and FBFMs are on file at 4381 Broadway, Suite 201, American Canyon, CA 94503 City Hall, or at 205 Wetlands Edge Road American Canyon, CA 94503, Department of Public Works.

(B) Base Flood Elevation changes due to physical alterations:

(1) Within six months of information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a letter of map revision (LOMR).

(2) All LOMRs for flood control projects are approved prior to the issuance of building permit. Building permits must not be issued based on conditional letters of map revision (CLOMRs). Approved CLOMRs allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition.

Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.

8.16.080 Compliance.

No structure or land shall thereafter be constructed, located, extended, converted or altered without full compliance with the term 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.

8.16.090 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. The city of American Canyon may, at the discretion of its floodplain administrator, require prospective builders to prepare detailed studies of possible flood areas for areas outside the FIRM map area and impose reasonable building conditions as a result of the studies.

8.16.100 Interpretation.

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

(A) Considered as minimum requirements;

(B) Liberally construed in favor of the governing body; and

8.16.110 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 such 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 any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.

8.16.111 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.

Article III Administration

8.16.120 Establishment of development permit.

A development permit shall be obtained before any construction or any other development begins within any area of special flood hazard established in Section 8.16.070. 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:

(A) Site plan, including, but not limited to:

(1) For all proposed structures, spot ground elevations at building corners and twenty-foot or smaller intervals along the foundation footprint, or one-foot contour elevations throughout the building site;

(2) Proposed locations of water supply, sanitary sewer, and utilities; and

(3) If available, the base flood elevation from the Flood Insurance Study and/or Flood Insurance Rate Map; and

(4) If applicable, the location of the regulatory floodway.

(B) Foundation design detail, including, but not limited to:

(1) Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; and

(2) For crawl-space foundation, location and total net area of foundation openings as required in Section 8.16.160(C)(3) of this chapter and FEMA Technical Bulletins 1-93 and 7-93; and

(3) For foundations placed on fill, the location and height of fill and compaction requirements (compacted to ninety-five percent using the Standard Proctor Test method).

(C) Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in Section 8.16.160(C)(2) of this chapter and FEMA Technical Bulletin 3-93.

(D) All appropriate certifications listed in Section 8.16.140(D) of this chapter.

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

8.16.130 Designation of the floodplain administrator.

The city manager or the city manager's designee is appointed to administer, implement and enforce this chapter by granting or denying development permits in accordance with its provisions.

8.16.140 Duties and responsibilities of the floodplain administrator.

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

(A) Permit Review. Review all development permits to determine that:

(1) Permit requirements of this chapter have been satisfied;

(2) All other required state and federal permits have been obtained;

(3) The site is reasonably safe from flooding; and

(4) 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.

(B) Review and Use of Any Other Base Flood Data.

(1) When base flood elevation data has not been provided in accordance with Section 8.16.070, 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 Section 8.16.160. Any such information shall be submitted to the city council for adoption.

(2) If no base flood elevation data is available from a federal or state agency or other source, then a base flood elevation shall be obtained using one of two methods from the FEMA publication "Managing Floodplain Development in Approximate Zone A Areas — A Guide for Obtaining and Developing Base (one-hundred-year) Flood Elevations" dated July 1995 in order to administer Article IV:

(a) Simplified method:

(i) One-hundred-year or base year flood discharge shall be obtained using the appropriate regression equation found in a U.S. Geological Survey publication, or the discharge-drainage area method, and

(ii) Base flood elevation shall be obtained using the Quick-2 computer program developed by FEMA; or

(b) Detailed method:

(i) One-hundred-year or base year flood discharge shall be obtained using the U.S. Army Corps of Engineers' HEC-HMS computer program, and

(ii) Base flood elevation shall be obtained using the U.S. Army Corps of Engineers' HEC-RAS computer program.

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

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

(3) Assure that the flood carrying capacity within the altered or relocated portion of the watercourse is maintained.

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

(1) Certification required by Sections 8.16.160(C)(1) and 8.16.190 (lowest floor elevations);

(2) Certification required by Section 8.16.160(C)(2) (elevation or floodproofing of nonresidential structures);

(3) Certification required by Section 8.16.160(C)(3) (wet floodproofing standard);

(4) Certification of elevation required by Section 8.16.180(B) (subdivision standards);

(5) Certification required by Section 8.16.210(A) (floodway encroachments); and

(6) Reports required by Section 8.16.220(D) (mudflow standards).

(E) 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, grade and base flood elevations shall be used to determine the boundaries of the special flood hazard area. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Article V.

(F) Remedial Action. Take action to remedy violations of this chapter as specified in Section 8.16.080.

8.16.150 Appeals.

The city council of the city of American Canyon 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.

Article IV Provisions for Flood Hazard Reduction

8.16.160 Standards of construction.

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

(A) Anchoring.

(1) 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.

(2) All manufactured homes shall meet the anchoring standards of Section 8.16.190.

(B) Construction Materials and Methods. All new construction and substantial improvement shall be constructed:

(1) With flood resistant materials as specified in FEMA Technical Bulletin TB 2-93, and utility equipment resistant to flood damage;

(2) Using methods and practices that minimize flood damage;

(3) 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

(4) 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.

(C) Elevation and Floodproofing (see Section 8.16.050 definitions for "basement," "lowest floor," "new construction," "substantial damage" and "substantial improvement").

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

(a) In an AO zone, elevated above the highest adjacent grade to a height exceeding by one foot the depth number specified in feet on the FIRM, or elevated at least three feet above the highest adjacent grade if no depth number is specified;

(b) In an A zone, elevated at least one foot above the base flood elevation, said base flood elevation shall be determined by one of the methods in Section 8.16.140(B) of this chapter;

Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered engineer or surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the floodplain administrator.

(2) Nonresidential construction, new or substantial improvement, shall either be elevated to conform with Section 8.16.160(C)(1) or together with attendant utility and sanitary facilities:

(a) Be floodproofed below the elevation recommended under Section 8.16.160(C)(1) so that the structure is watertight with walls substantially impermeable to the passage of water;

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

(c) Be certified by a registered professional engineer or architect that the standards of this Section 8.16.160(C)(2) are satisfied. Such certification shall be provided to the floodplain administrator.

(3) 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 flood water. Designs for meeting this requirement shall follow the guidelines in FEMA Technical Bulletins TB 1-93 and TB 7-93, and must exceed the following minimum criteria:

(a) Be certified by a registered professional engineer or architect; or

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

(c) 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 foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of flood water.

(4) Manufactured homes shall also meet the standards in Section 8.16.190.

8.16.170 Standards for utilities.

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

(1) Infiltration of flood waters into the systems; and

(2) Discharge from the systems into flood waters.

(B) On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them during flooding.

8.16.180 Standards for subdivisions.

(A) All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood.

(B) 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.

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

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

8.16.190 Standards for manufactured homes.

(A) 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:

(1) Outside of a manufactured home park or subdivision;

(2) In a new manufactured home park or subdivision;

(3) In an expansion to an existing manufactured home park or subdivision; or

(4) 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 at least one foot above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation collapse and lateral movement.

(B) All manufactured homes that are placed or substantially improved on sites located within zones V1-30, V, and VE on the communities Flood Insurance Rate Map will meet the requirements of Section 8.16.190(A).

(C) 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 Section 8.16.190(A) will be elevated so that either the:

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

(2) Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six inches in height above grade.

8.16.200 Standards for recreational vehicles.

(A) All recreational vehicles placed on sites within zones A1-30, AH, and AE on the community's flood insurance rate map will either:

(1) Be on the site for fewer than one hundred eighty consecutive days;

(2) 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

(3) Meet the permit requirements of Article III of this chapter and the elevation and anchoring requirements for manufactured homes in Section 8.16.190(A).

(B) Recreation 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 8.16.200(A).

8.16.210 Floodways.

Located within areas of special flood hazard established in Section 8.16.070 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions apply:

(A) 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;

(B) If Section 8.16.210(A) is satisfied, all new construction, substantial improvement and other proposed new development shall comply with all other applicable flood hazard reduction provisions of Article IV of this chapter.

8.16.220 Mudslide (i.e., mudflow) prone areas.

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

(B) 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:

(1) Type and quality of soils;

(2) Evidence of ground water or surface water problems;

(3) Depth and quality of any fill;

(4) Overall slope of the site; and

(5) Weight that any proposed development will impose on the slope.

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

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

(3) The proposed grading, excavations, new construction and substantial improvement not aggravate the existing hazard by creating either onsite disturbances; and

(4) Drainage, planting, watering and maintenance not endanger slope stability.

8.16.230 Flood-related erosion-prone areas.

(A) The floodplain administrator shall require permits for proposed construction and other development within all flood-related erosion-prone areas as known to the community.

(B) 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.

(C) 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.

(D) Within Zone E on the Flood Insurance Rate Map, a setback is required for all new development from the ocean, lake, bay, riverfront or other 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.

Article V Variance Procedure

8.16.240 Nature of variances.

The variance criteria set forth in this section of the chapter 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 chapter 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.

8.16.250 Appeals to city council.

(A) In passing upon requests for variances, the city council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and the:

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

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

(3) 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;

(4) Importance of the services provided by the proposed facility to the community;

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

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

(7) Compatibility of the proposed use with existing and anticipated development;

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

(9) Safety of access to the property in time of flood for ordinary and 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.

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

(1) 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 twenty-five dollars for one hundred dollars of insurance coverage; and

(2) 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 Napa County recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

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

8.16.260 Conditions for variances.

(A) 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 Articles III and IV of this chapter have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

(B) Variances may be issued for the repair or rehabilitation of "historic structures" (as defined in Section 8.16.050 of this chapter) 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.

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

(D) 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 chapter. For example, in the case of variances to an elevation requirement, this means the city council 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 city council believes will both provide relief and preserve the integrity of the local ordinance.

(E) Variances shall only be issued upon a:

(1) Showing of good and sufficient cause;

(2) Determination that failure to grant the variance would result in exceptional "hardship" (as defined in Section 8.16.050 of this chapter) to the applicant; and

(3) 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 8.16.050), cause fraud or victimization (as defined in Section 8.16.050) of the public, or conflict with existing local laws or ordinances.

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

(G) Upon consideration of the factors of Section 8.16.250(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.

Chapter 8.18 DISCHARGING FIREARMS AND OTHER WEAPONS

8.18.010 Discharging firearms or weapons.

Every person who, except in a regularly licensed shooting gallery or shooting range, discharges any pistol, handgun, firearm, air gun, musket, slingshot, or any other instrument, weapon or device of any kind, character, or description which throws a bullet, shot, projectile, or missile for any distance, by means of elastic force of gases or any explosive substance in a negligent or irresponsible manner is guilty of a misdemeanor.

8.18.020 Exemption.

The provisions of Section 8.18.010 shall not apply to a duly sworn police officer or deputy sheriff acting in the course of his or her duties.

Chapter 8.19 SAFE FIREARM STORAGE

8.19.010 Storage of Firearms in a Residence

Except when carried on his or her person, or otherwise in his or immediate control and possession, no person shall keep a firearm (as defined in California Penal Code section 16520, as it may be amended from time to time) in any residence in American Canyon owned or controlled by that person unless the firearm is stored in a locked container (as defined in California Penal Code section 16850, as it may be amended from time to time) or the firearm is disabled with a safety device listed on the California Department of Justice's roster of firearm safety devices (as defined in California Penal Code sections 16540 & 23635, as may be amended from time to time).

8.19.020 Violations

The violation of this Chapter shall constitute an infraction. This Chapter may be enforced as described in Title 1 of this Code.

8.19.030 Exceptions and Other Laws

The requirements of Section 8.19.010 do not apply when a firearm is carried on the person of or is otherwise in the immediate control and possession of, an individual in accordance with applicable local, state, and/or federal laws.

This Chapter does not apply when a firearm is carried on the person of. or is otherwise in the immediate control and possession of a peace officer (as defined in California Penal Code sections 830 et seq, as may be amended from time to time).

It is not the intention of this Chapter to regulate any conduct if the regulation of such conduct has been preempted by state or federal law.

Chapter 8.20 MANDATORY MUNICIPAL SOLID WASTE, RECYCLING AND COMPOST MATERIAL DISPOSAL REDUCTION

8.20.010 Definitions.

For the purposes of this chapter, the following words, terms, phrases, and their derivations have the meanings given herein. Terms defined elsewhere in the municipal code shall have the same meanings herein unless expressly defined in this section. When consistent with the context, words used in the present tense include the future tense, and words in the singular number include the plural number.

"Blue container" has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of source separated recyclable materials (non-organic recyclables = glass, metal, and plastic) or source separated blue container compost material (organic recyclables such as clean paper and cardboard).

"CalRecycle" means California's Department of Resources Recycling and Recovery, and any successor agencies, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on cities (and others).

"California Code of Regulations" or "CCR" means the state of California Code of Regulations. CCR references are preceded with a number that refers to the relevant Title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR).

"City" means the city of American Canyon, a municipal corporation, and all the territory lying within the municipal boundaries of the city as presently existing or as such boundaries may be modified during the term.

"City enforcement officer" means the city manager, or other executive in charge or their authorized designee(s) who is/are partially or wholly responsible for enforcing the ordinance. See also "regional or county agency enforcement officer".

"Commercial business" or "commercial" means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A multifamily residential dwelling that consists of fewer than five units is not a commercial business for purposes of implementing this chapter.

"Commercial edible food generator" includes a tier one or a tier two commercial edible food generator as defined in Sections 8.20.050 and 8.20.060 of this chapter or as otherwise defined in 14 CCR Sections 18982(a)(73) and (a)(74). For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators pursuant to 14 CCR Section 18982(a)(7).

"Community composting" means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on-site at any one time does not exceed one hundred cubic yards and seven hundred fifty square feet, as specified in 14 CCR Section 17855(a)(4); or as otherwise defined by 14 CCR Section 18982(a)(8).

"Compliance review" means a review of records by the city to determine compliance with this section.

"Compost" or "compostables" has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this chapter, that "compost" means those materials that are processed in a controlled biological decomposition process, which are source separated from the MSW stream. Compostables include food scraps, soiled paper products, yard trimmings and wood materials that do not contain hazardous waste.

"Compostable plastic" means plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).

"Construction and demolition debris" or C&D" includes waste building materials, packaging and rubble resulting from construction, remodeling, repair or demolition operations on pavements, houses, commercial and industrial buildings, and other structures and improvements.

"Container contamination" or "contaminated container" means a container, regardless of color, that contains prohibited container contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).

"Designee" means an entity that the city contracts with or otherwise arranges to carry out any of the city's responsibilities of this section as authorized in 14 CCR Section 18981.2. A designee may be a government entity, a hauler, a private entity, or a combination of those entities.

"Direct service provider" means a person, company, agency, district, or other entity that provides a service or services to city pursuant to a contract or other written agreement or as otherwise defined in 14 CCR Section 18982(a)(17).

"Edible food" means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this chapter or as otherwise defined in 14 CCR Section 18982(a)(18), "edible food" is not MSW if it is recovered and not discarded. Nothing in this chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.

"Enforcement action" means an action of the city to address noncompliance with this chapter, including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

"Excluded waste" means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the city and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, state, or federal law, regulation, or ordinance, including: (1) land use restrictions or conditions; (2) waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions; or (3) waste that in the city's, or its designee's would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the city, or its designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in single-family or multifamily MSW after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. Excluded waste does not include used motor oil and filters, household batteries, universal wastes, electronic waste, and/or latex paint when such materials are defined as allowable materials for collection through the city's collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by the city or its designee for collection services.

"Food distributor" means a company that distributes food to entities, including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 CCR Section 18982(a)(22).

"Food facility" means a commercial and business establishment that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption.

"Food recovery" means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).

"Food recovery organization" means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:

1. A food bank as defined in Section 113783 of the Health and Safety Code;

2. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and

3. A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

A food recovery organization is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

If the definition in 14 CCR Section 18982(a)(25) for food recovery organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this chapter.

"Food recovery service" means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A food recovery service is not a commercial edible food generator for the purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

"Food scraps" means all surplus, spoiled or unsold food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, eggshells and solid fats, oils & grease.

"Food service provider" means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).

"Food-soiled paper" is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, coffee filters, tea bags, wax paper, butcher paper and waxed cardboard, paper take out boxes, paper egg cartons, and milk cartons.

"Food waste" means food scraps.

"Gray container" has the same meaning as in 14 CCR Section 18982.2(a)(28) and shall be used for the purpose of storage and collection of gray container waste

"Gray container waste" means MSW that is collected in a gray container that is part of a three-container compost material collection service that prohibits the placement of compost material in the gray container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5).

"Green container" has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of source separated green container compost material.

"Grocery store" means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).

"Hauler route" means the designated daily, weekly, etc., itinerary or sequence of stops for each segment of the city's collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).

"High diversion organic waste processing facility" means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of fifty percent between January 1, 2022 and December 31, 2024, and seventy-five percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for compost material received from the "mixed waste organic collection stream" as defined in 14 CCR Section 17402(a)(11.5); or as otherwise defined in 14 CCR Section 18982(a)(33).

"Inspection" means a site visit where a city reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of compost material or edible food handling to determine if the entity is complying with requirements set forth in this chapter, or as otherwise defined in 14 CCR Section 18982(a)(35).

"Large event" means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than two thousand individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this chapter.

"Large venue" means a permanent venue facility that annually seats or serves an average of more than two thousand individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition in 13 CCR Section 18982(a)39 shall apply to this section.

"Local education agency" means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to MSW, or as otherwise defined in 14 CCR Section 18982(a)(40).

"Multifamily residential dwelling" or "multifamily" means of, from, or pertaining to residential premises with five or more dwelling units. Multifamily premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses.

"Municipal solid waste" or "MSW" means all fractions of discarded putrescible and non-putrescible solid, semi-solid and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, construction, and demolition debris, discarded home and industrial appliances, manure, vegetable or animal solid and semi-solid wastes, and other discarded substances or materials. MSW does not include:

1. Hazardous waste, as defined in the state Public Resources Code Section 40141.

2. Radioactive waste regulated pursuant to the state Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the state Health and Safety Code).

3. Medical waste regulated pursuant to the state Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the state Health and Safety Code). Untreated medical waste shall not be disposed of in a MSW landfill, as defined in state Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be MSW shall be regulated pursuant to Division 30 of the state Public Resources Code.

4. Recyclable materials which have been source or type-separated from other waste material.

"MWELO" refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7

"Non-compostable paper" includes, but is not limited to, paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).

"Non-local entity" means the following entities that are not subject to the city's enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42):

1. State agencies located within the boundaries of the city, including all public-school locations.

"Non-organic recyclables" means non-putrescible and non-hazardous recyclable wastes, including, but not limited to, bottles, cans, metals, plastics, and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).

"Notice of violation (NOV)" means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.

"Organic waste" means MSW's containing material originated from living organisms and their metabolic waste products, including, but not limited to, food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).

"Organic waste generator" means a person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in 14 CCR Section 18982(a)(48).

"Paper products" include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).

"Printing and writing papers" include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).

"Prohibited container contaminants" means the following:

1. Discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the city blue container.

2. Discarded materials placed in the green container that are not identified as acceptable source separated green container compost material for the city green container.

3. Discarded materials placed in the gray container that are acceptable source separated recyclable materials and/or source separated green container compost materials to be placed in city green container and/or blue container; and

4. Excluded waste placed in any container.

"Recovered organic waste products" means products made from California, landfill-diverted recovered compost material processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60).

"Recovery" means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).

"Recycled-content paper" means paper products and printing and writing paper that consists of at least thirty percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).

"Recyclable materials" means material which otherwise would become or be treated as MSW but which, by means of a process of collecting, sorting, cleansing, treating, and reconstructing, may be returned to the economic mainstream in the form of finished or source material for new, reused, or reconstituted products, which may be used in the marketplace. "Recyclable materials" includes paper, books, magazines, cardboard, box board, plastic, metal, glass, and other similar materials authorized by the city for collection by the authorized contractor.

"Regional agency" means regional agency as defined in Public Resources Code Section 40181.

"Regional or county agency enforcement officer" means a regional or county agency enforcement officer, designated by the city with responsibility for enforcing this chapter in conjunction or consultation with the city enforcement officer or city designee.

"Renewable gas" means gas derived from organic waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle organic waste, or as otherwise defined in 14 CCR Section 18982(a)(62).

"Restaurant" means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).

"Route review" means a visual inspection of containers along a hauler route for the purpose of determining container contamination and may include mechanical inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).

"SB 1383" means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.

"SB 1383 eligible mulch" means mulch eligible to meet the annual recovered compost material product procurement target, pursuant to 14 CCR Chapter 12 of Division 7. This SB 1383 Eligible Mulch shall meet the following conditions for the duration of the applicable procurement compliance year, as specified by 14 CCR Section 18993.1 (f)(4):

1. Produced at one of the following facilities:

i. A transfer/processing facility or transfer/processing operation as defined in 14 CCR Sections 17402(a)(30) and (31), respectively, that is permitted or authorized under 14 CCR Division 7; or

ii. A transfer/processing facility or transfer/processing operation as defined in 14 CCR Sections 17402(a)(30) and (31), respectively, that is permitted or authorized under 14 CCR Division 7; or

iii. A MSW landfill as defined in Public Resources Code Section 40195.1 that is permitted under 27 CCR Division 2.

2. Meet or exceed the physical contamination, maximum metal concentration, and pathogen density standards for land application specified in 14 CCR Sections 17852(a)(24.5) (A)1 through 3, as enforced by Section 6-3-708(a)

"SB 1383 Regulations" or "SB 1383 Regulatory" means or refers to, for the purposes of this chapter, the Short-Lived Climate Pollutants: Organic Material Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.

"Self-hauler" means a person, who hauls MSW, recyclable or compostable material he or she has generated to a transfer, processing, recovery, or disposal facility other than the direct service provider, whose primary business is not waste hauling. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back-haul means generating and transporting organic material to a destination owned and operated by the generator using the generator's own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).

"Single-family" means of, from, or pertaining to any residential premises with fewer than five units.

"Soiled paper products" means paper towels, tissue products, paper napkins, paper plates and cups, coffee filters, tea bags, waxed paper, butcher paper, paper take-out boxes and containers, greasy pizza boxes, paper bags and cardboard and wax-coated cardboard produce boxes. "Soiled paper products" does not include polystyrene, plastic-backed paper, blue-line paper or blueprints, diapers, kitty litter, any paper containing plastics, aluminum foil or foil-lined food wrap.

"Source separated" means materials, including commingled recyclable materials, that have been separated or kept separate from the MSW stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this chapter, source separated shall include separation of materials by the generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection such that source separated materials are separated from gray container waste or other MSW for the purposes of collection and processing.

"Source separated blue container compost material" means source separated compost material (e.g. non-soiled paper products) that can be placed in a blue container that is limited to the collection of those compost materials and non-organic recyclables as defined in Section 18982(a)(43), or as otherwise defined by Section 17402(a)(18.7).

"Source separated green container compost material" means source separated compost material that can be placed in a green container that is specifically intended for the separate collection of compostable material by the generator, excluding source separated blue container compost material, carpets, non-compostable paper, and textiles.

"Source separated recyclable materials" means source separated non-organic recyclables and source separated blue container compost material. "Recyclable materials" includes paper, books, magazines, cardboard, boxes, plastic, metal, glass, food waste and other similar materials authorized by the city for collection by the authorized contractor.

"State" means the state of California.

"Supermarket" means a full-line, self-service retail store with gross annual sales of two million dollars, or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).

"Tier one commercial edible food generator" means a commercial edible food generator that is one of the following:

1. Supermarket.

2. Grocery store with a total facility size equal to or greater than ten thousand square feet.

3. Food service provider.

4. Food distributor.

5. Wholesale food vendor.

6. If the definition in 14 CCR Section 18982(a)(73) of tier one commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this chapter.

"Tier two commercial edible food generator" means a commercial edible food generator that is one of the following:

1. Restaurant with two hundred fifty or more seats, or a total facility size equal to or greater than five thousand square feet.

2. Hotel with an on-site food facility and two hundred or more rooms.

3. Health facility with an on-site food facility and one hundred or more beds.

4. Large venue.

5. Large event.

6. A state agency with a cafeteria with two hundred fifty or more seats or total cafeteria facility size equal to or greater than five thousand square feet.

7. A local education agency facility with an on-site food facility.

8. If the definition in 14 CCR Section 18982(a)(74) of tier two commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this chapter.

"Uncontainerized yard trimming collection service" or "uncontainerized service" means a collection service that collects yard trimmings that are placed in a pile or bagged for collection on the street in front of a generator's house or place of business for collection and transport to a facility that recovers source separated organic waste, or as otherwise defined in 14 CCR Section 189852(a)(75).

"Wholesale food vendor" means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76).

"Yard trimmings" means tree trimmings, grass cuttings, leaves, branches, and similar organic materials, including vineyard clippings, sawdust, wooden chopsticks, crates and other clean wood items under thirty-six inches.

8.20.020 Requirements for single-family generators.

Single-family organic material generators shall comply with the following requirements except single-family generators that meet the self-hauler requirements in Section 8.20.080 of this chapter:

(A) Shall subscribe to the city's MSW, recycling and compostables collection services for all MSW, recycling, and compostable materials generated as described below in subsection B. Single-family MSW, recycling, and compost generators shall comply with the following requirements except single-family generators that meet the self-hauler requirements in Section 8.20.080 of this chapter.

(B) Shall participate in the city's MSW, recycling, and compost collection service(s) by placing designated materials in designated containers as described below and shall not place prohibited container contaminants in collection containers.

(1) Generators shall place source separated green container compostable material, including food scraps and yard trimmings, in the green container; source separated recyclable materials in the blue container; and gray container MSW in the gray container. Generators shall not place materials designated for the gray container into the green container or blue container.

8.20.030 Requirements of commercial businesses.

Generators that are commercial businesses, including multifamily complexes, shall:

(A) Subscribe to city's three-container collection services and comply with requirements of those services as described below in subsection B of this section, except commercial businesses that meet the self-hauler requirements in Section 8.20.080 of this chapter. The city shall have the right to review the number and size of a generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and commercial businesses shall adjust their service level for their collection services as required by the city.

(B) Except commercial businesses that meet the self-hauler requirements in Section 8.20.080 of this chapter, participate in the city's MSW, recycling and compostable collection service(s) by placing designated materials in designated containers as described below.

(1) Generators shall place source separated green container compostable material including food scraps and yard trimmings, in the green container; source separated recyclable materials in the blue container; and gray container MSW in the gray container. Generators shall not place materials designated for the gray container into the green container or blue container.

(C) Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors (conforming with subsections (D)(1) and (2) below) for employees, contractors, tenants, and customers, consistent with city's blue container, green container, and gray container collection service or, if self-hauling, per the commercial businesses' instructions to support its compliance with its self-haul program, in accordance with Section 8.20.080.

(D) Excluding multifamily complexes, provide containers for the collection of source separated green container compost materials and source separated recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:

(1) A body or lid that conforms with the container colors provided through the collection service provided by city, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

(2) Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant to 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.

(E) Multifamily complexes are not required to comply with container placement requirements or labeling requirements in subsection D pursuant to 14 CCR Section 18984.9(b).

(F) To the extent practical through education, training, inspection, and/or other measures, excluding multifamily complexes, prohibit employees from placing materials in a container not designated for those materials per the city's blue container, green container, and gray container collection service or, if self-hauling, per the commercial businesses' instructions to support its compliance with its self-haul program, in accordance with Section 8.20.080.

(G) Excluding multifamily complexes, periodically inspect blue containers, green containers, and gray containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).

(H) Annually provide information to employees, contractors, tenants, and customers about compost material recovery requirements and about proper sorting of source separated green container compost materials and source separated blue cart recyclable materials.

(I) Provide education information before or within fourteen days of occupation of the premises to new tenants that describes requirements to keep source separated green container compost material and source separated blue container recyclable materials separate from gray container waste (when applicable) and the location of containers and the rules governing their use at each property.

(J) Provide or arrange access for the city, its agent or designee to their properties during all inspections conducted in accordance with Section 8.20.120 of this chapter to confirm compliance with the requirements of this chapter.

(K) If a commercial business wants to self-haul, meet the self-hauler requirements in Section 8.20.080.

(L) Nothing in this section prohibits a generator from preventing or reducing MSW generation, managing compost materials on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).

(M) Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to Sections 8.20.050 and 8.20.060.

8.20.040 Waivers for generators.

(A) De Minimis Waivers. The city may waive a single-family or commercial business' obligation (including multifamily complexes) to comply with some or all of the compost material requirements of this chapter if the single-family or commercial business demonstrate and certify to the satisfaction of the city compliance officer or designee that such MSW, recyclable material, and compost collection service is not needed because the owner or occupant satisfies any of the following criteria:

(1) Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in subsection (A)(2) below.

(2) Provide documentation that either:

(a) The commercial business' total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in a blue container or green container comprises less than twenty gallons per week per applicable container of the business' total waste; or

(b) Commercial business' total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a blue container or green container comprises less than ten gallons per week per applicable container of the business' total waste.

(3) Notify the city if circumstances change such that commercial business's organic waste exceeds threshold required for waiver, in which case waiver will be rescinded.

(4) Provide written verification of eligibility for de minimis waiver every five years, if the city has approved de minimis waiver.

(B) Physical Space Waivers. The city may waive a commercial business' or property owner's obligations (including multifamily residential dwellings) to comply with some or all of the recyclable materials and/or MSW, recycling and compost collection service requirements if the city has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the MSW, recycling and compost collection requirements or Section 8.20.020 or 8.20.030.

A commercial business or property owner may request a physical space waiver through the following process:

(1) Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.

(2) Provide documentation that the premises lacks adequate space for blue containers and/or green containers including documentation from its hauler, licensed architect, or licensed engineer.

(3) Provide written verification to the city that it is still eligible for physical space waiver every five years if the city has approved application for a physical space waiver.

8.20.050 Requirements for commercial edible food generators.

(A) Tier one commercial edible food generators must comply with the requirements of this section commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.

(B) Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities operating at the large venue or large event to comply with the requirements of this section, commencing January 1, 2024.

(1) Arrange to recover the maximum amount of edible food that would otherwise be disposed.

(2) Contract with, or enter into a written agreement with, food recovery organizations or food recovery services for: (a) the collection of edible food for food recovery; or (b) acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery.

(3) Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.

(4) Allow the city's city compliance officer or designee to access the premises and review records pursuant to 14 CCR Section 18991.4.

(5) Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:

(a) A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).

(b) A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).

(i) The name, address and contact information of the food recovery service or food recovery organization.

(ii) The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.

(iii) The established frequency that food will be collected or self-hauled.

(iv) The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery.

(6) No later than March 31st of each year, commencing no later than February 1, 2023, for tier one commercial edible food generators and February 1, 2025, for tier two commercial edible food generators, provide an annual food recovery report to the city that includes the following information:

(a) A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).

(b) The quantity of food, measured in annual pounds recovered, collected or self-hauled to a food recovery service or food recovery organization for food recovery.

(D) Nothing in this chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the state of California on September 25, 2017, which added Chapter13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).

8.20.060 Requirements for food recovery organization and services.

(A) Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):

(1) The name, address, and contact information for each commercial edible food generator from which the service collects edible food.

(2) The quantity in pounds of edible food collected from each commercial edible food generator per month.

(3) The quantity in pounds of edible food transported to each food recovery organization per month.

(4) The name, address, and contact information for each food recovery organization that the food recovery service transports edible food to for food recovery.

(B) Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):

(1) The name, address, and contact information for each commercial edible food generator from which the organization receives edible food.

(2) The quantity in pounds of edible food received from each commercial edible food generator per month.

(3) The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery.

(C) No later than March 31st of each year, commencing March 31, 2023 food recovery organizations and food recovery services that have their primary address physically located in the city and contract with or have written agreements with one or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall report to the city the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b).

(D) Food Recovery Capacity Planning. In order to support edible food recovery capacity planning assessments or other studies conducted by the city or its designee, food recovery services and food recovery organizations operating in the city shall provide information and consultation to the city, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the city and its commercial edible food generators. A food recovery service or food recovery organization contacted by the city shall respond to such request for information within sixty days unless a shorter timeframe is otherwise specified by the city.

8.20.070 Requirements for direct service providers / haulers and facility operators.

(A) Requirements for Authorized Contractor of Direct Service Providers:

(1) Exclusive franchised direct service provider providing residential, commercial, or industrial compost material collection services to generators within the city's boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the city to collect MSW, recycling, and compost material:

(a) Through written notice to the city annually on or before March 15 identify the facilities to which they will transport compost material including facilities for source separated recyclable materials and source separated green container compost material.

(b) Transport source separated recyclable materials and source separated green container compost material to a facility, operation, activity, or property that recovers compost material as defined in 14 CCR, Division 7, Chapter 12, Article 2.

(c) Obtain approval from the city to haul compost material, unless it is transporting source separated compost material to a community composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1, this section, and the city's C&D ordinance.

(2) Exclusive franchised authorized contractor authorized to collect compostables shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, permit license, or other agreements entered into with the city.

(B) Requirements of Facility Operators and Community Composting Operations.

(1) Owners of facilities, operations, and activities that recover MSW, Recycling and compost material, including, but not limited to, landfills, material recovery facilities, transfer stations, compost facilities, in-vessel digestion facilities, and publicly owned treatment works shall, upon city request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the city shall respond within sixty days.

(2) Community composting operators, upon city request, shall provide information to the city to support compost material capacity planning, including, but not limited to, an estimate of the amount of compost material anticipated to be handled at the community composting operation. Entities contacted by the city shall respond within sixty days.

8.20.080 Self hauler requirements.

(A) Self-haulers shall source separate all recyclable materials and compost material (materials that city otherwise requires generators to separate for collection in the city's recycling materials and compost collection program) generated on-site from MSW in a manner consistent with 14 CCR Sections 18984.1 and 18984.2 or shall haul compost material to a high diversion compost material processing facility as specified in 14 CCR Section 18984.3.

(B) Self-haulers shall haul their source separated recyclable materials to a facility that recovers those materials; and haul their source separated green container compost material to a MSW facility, operation, activity, or property that processes or recovers source separated compost material. Alternatively, self-haulers may haul compost material to a high diversion compost material processing facility.

(C) Self-haulers that are commercial businesses (including multifamily complexes) shall keep a record of the amount of compost material delivered to each MSW facility, operation, activity, or property that processes or recovers compost material; this record shall be subject to inspection by the city. The records shall include the following information:

(1) Delivery receipts and weight tickets from the entity accepting the waste.

(2) The amount of material in cubic yards or tons transported by the generator to each entity.

(3) If the material is transported to an entity that does not have scales on-site or employs scales incapable of weighing the self-hauler's vehicle in a manner that allows it to determine the weight of materials received, the self hauler is not required to record the weight of material but shall keep a record of the entities that received the compost material.

(D) Self-haulers that are commercial businesses (including multifamily self haulers) shall provide information collected in subsection C of this section to the city, if requested.

(E) A residential compost material generator that self-hauls compost material, as described in this section is not required to record or report information in subsection C or D of this section.

8.20.090 Procurement requirements for city departments, authorized contractors, and vendors.

(A) Direct service providers of landscaping maintenance, renovation, and construction shall:

(1) Use compost and SB 1383 Eligible Mulch, as practicable, produced from recovered compost material, for all landscaping renovations, construction, or maintenance performed for the city, whenever available, and capable of meeting quality standards and criteria specified. SB 1383 Eligible Mulch used for land application shall comply with 14 CCR, Division 7, Chapter 12, Chapter 12 and must meet or exceed the physical contamination, maximum metal concentration and pathogen density standards specified in 14 CCR Sections 17852(a)(24.5) (A)(1) through (3).

(2) Keep and provide records of procurement of recovered compost material products (either through purchase or acquisition) to the city, upon completion of projects. Information to be provided shall include:

(a) General description of how and where the product was used and if applicable, applied;

(b) Source of product, including name, physical location, and contact information for each entity, operation, or facility from whom the recovered compost material products were procured;

(d) Quantity of each product; and

(e) Invoice or other record demonstrating purchase or procurement.

(B) All vendors providing paper products and printing, and writing paper shall:

(1) If fitness and quality are equal, provide recycled-content paper products and recycled-content printing and writing paper that consists of at least thirty percent, by fiber weight, postconsumer fiber instead of non-recycled products whenever recycled paper products and printing and writing paper are available at the same or lesser total cost than non-recycled items or at a total cost of no more than ten percent of the total cost for non-recycled items.

(2) Provide paper products and printing and writing paper that meet federal trade commission recyclability standard as defined in 16 Code of Federal Regulations (CFR) Section 260.12.

(3) Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the paper products and printing and writing paper offered or sold to the city. This certification requirement may be waived if the percentage of postconsumer material in the paper products, printing and writing paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website.

(4) Certify in writing, on invoices or receipts provided, that the paper products and printing and writing paper offered or sold to the city is eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations (CFR) Section 260.12 (2013).

(5) Provide records to the city's recovered compost material product procurement recordkeeping staff, in accordance with the city's recycled-content paper procurement policy(ies) of all paper products and printing and writing paper purchases within thirty days of the purchase (both recycled-content and non-recycled content, if any is purchased) made by any division or department or employee of the city. Records shall include a copy (electronic or paper) of the invoice or other documentation of purchase, written certifications as required in Sections 7(b)(3) and 7(b)(4) of this chapter for recycled-content purchases, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if nonrecycled content paper products or printing and writing papers are provided, include a description of why recycled-content paper products or printing and writing papers were not provided.

8.20.100 Compliance with CALGreen recycling requirements.

(A) Persons applying for a permit from the city for new construction and building additions and alternations shall comply with the requirements of this section and all required components of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended, if its project is covered by the scope of CALGreen. If the requirements of CALGreen are more stringent than the requirements of this section, the CALGreen requirements shall apply.

(B) Project applicants shall refer to city's building code for complete CALGreen requirements.

(1) Where five or more multifamily dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site. These accessible areas shall provide blue and green container material storage and collection, consistent with the three container collection program offered by the city, or provide adequate recycling space for multifamily complexes and commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.

(2) New commercial construction or additions that increase floor area by more than thirty percent shall provide readily accessible areas identified for blue container and green container material storage and collection, consistent with the three-container collection program offered by the city, or provide adequate recycling space for multifamily complexes and commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.

(3) Comply with CALGreen requirements and applicable law related to management of C&D, including compost material in C&D diversion from disposal. Comply with city's C&D ordinance, Chapter 15.32 of the city's municipal code, and all written and published city policies and/or administrative guidelines regarding collection, recycling, diversion, tracking, and/or reporting of C&D.

8.20.110 Model water efficient landscaping ordinance requirements.

(A) Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the city, who are constructing a new single-family, multifamily, public, institutional, or commercial project with a landscape area greater than five hundred square feet, or rehabilitating an existing landscape with a total landscape area greater than two thousand five hundred square feet, shall comply with Sections 492.6(a)(3)(B), (C), (D), and (G) of the MWELO, including sections related to compost and mulch use as delineated in this section.

(B) The following MWELO compost and mulch use requirements are now also included as requirements of this section.

(C) Property owners or their building or landscape designers that meet the MWELO threshold compliance outlined in subsection A above shall:

(1) Comply with MWELO Sections 492.6 (a)(3)(B), (C), (D), and (G), which requires landscape design plan submittal with soil preparation, mulch, and amendments section to include the following:

(a) For landscape installations, compost a minimum of four cubic yards per one thousand square feet of permeable area incorporated to a six inches soil depth. Soils with greater than six percent organic matter in the top six inches of soil are exempt from adding compost and tilling.

(b) For landscape installations, a minimum three-inch layer of mulch shall be applied on all exposed planting areas soil surfaces 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.

(c) Organic mulch materials made from recycled or post-consumer materials 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.

(2) The MWELO compliance items listed in this section are not an inclusive list of MWELO requirements; therefore, property owners or their building or landscape designers that meet the MWELO compliance threshold outlined in this section shall consult the full MWELO for all requirements.

(D) If, after the adoption of this chapter, the California Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, Sections 492.6(a)(3)(B), (C), (D), and (G) of the MWELO September 15, 2015 requirements, the city shall update the local MWELO ordinance. If the amended MWELO requirements are more stringent than those required in this section, the revised 23 CCR, Division 2, Chapter 2. 7 requirements shall be enforced.

8.20.120 Inspections and investigations by city.

(A) The city enforcement officer and/or its designated entity, including designees, are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this section by compost material generators, commercial businesses (including multifamily complexes), property owners, commercial edible food generators, authorized contractors, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow the city to enter the interior of a private residential property for inspection.

(B) Regulated entity shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the city's employee or its designated entity/designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this chapter described herein. Failure to provide or arrange for: (1) access to an entity's premises; or (2) access to records for any inspection or investigation is a violation of this chapter and may result in penalties described.

(C) Any records obtained by the city during its inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.

(D) City representatives, its designated entity, and/or designee are authorized to conduct any inspections or other investigations as reasonably necessary to further the goals of this ordinance, subject to applicable laws.

(E) The city shall receive written complaints from persons regarding an entity that may be potentially noncompliant with SB 1383 Regulations, including receipt of anonymous complaints.

8.20.130 Enforcement.

(A) Violation of any provision of this chapter shall constitute grounds for issuance of a notice of violation and assessment of a fine by a city compliance officer or designee. Enforcement actions under this chapter are administrative citation issuance and fine assessment. The city's procedures on administrative fines set forth in Chapter 9.12 are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this chapter and any rule or regulation adopted pursuant to this chapter, except as otherwise indicated in this chapter.

(B) Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. The city may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The city may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of city staff and resources.

(1) Enforcement pursuant to this chapter may be undertaken by the city compliance officer, which may be the city manager or their designated entity, legal counsel, or combination thereof.

(2) Enforcement may also be undertaken by a regional or county agency enforcement officer, designated by the city, in consultation with city compliance officer.

(a) City compliance officer(s) and regional or county agency enforcement officer will interpret ordinance; determine the applicability of waivers, if violation(s) have occurred; implement enforcement actions; and, determine if compliance standards are met.

(b) City compliance officer(s) and regional or county agency enforcement officer may issue notices of violation(s).

(D) Process of Enforcement.

(1) City compliance officers or regional or county enforcement officers and/or their designee will monitor compliance with this chapter randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program. Chapter 8.20.130 establishes the city's right to conduct inspections and investigations.

(2) The city may issue an officer notification to notify regulated entities of its obligations under this chapter.

(3) The city shall issue a notice of violation requiring compliance within sixty days of issuance of the notice.

(4) Absent compliance by the respondent within the deadline set forth in the notice of violation, the city shall commence an action to impose penalties, via an administrative citation and fine, pursuant to the city's administrative citation ordinance in Chapters 1.20 and 1.24.

Notices shall be sent to "owner" at the officer address of the owner maintained by the tax collector for the city or if no such address is available, to the owner at the address of the dwelling or commercial property or to the party responsible for paying for the collection services, depending upon available information.

(E) Penalty Amounts for Types of Violations. The fine structure in Chapter 9.12, as amended, is hereby incorporated into this chapter.

(F) Compliance Deadline Extension Considerations. The city may extend the compliance deadlines set forth in a notice of violation issued in accordance with Section 8.20.130 if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:

(1) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters.

(2) Delays in obtaining discretionary permits or other government agency approvals; or,

(3) Deficiencies in compost material recycling infrastructure or edible food recovery capacity and the city is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.

(G) Appeals Process. The appeals process identified in Chapter 9.12 are hereby incorporated into this chapter.

(H) Education Period for Noncompliance. Beginning January 1, 2022 and through December 31, 2023, city or its designee will conduct inspections, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance, and if the city determines that compost material generator, self-hauler, authorized contractor, tier one commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this chapter and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024

(I) Civil Penalties for Noncompliance. Beginning January 1, 2024, if the city determines a compost material generator, self-hauler, authorized contractor, tier one or tier two commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance with this chapter, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to Section 8.20.130, as needed.

8.20.140 Effective date.

This chapter shall be effective commencing January 1, 2022.