Carson City Zoning Code
CHAPTER 1
ZONING
§ 9191.002 Abut or Abutting.
Shall mean two (2) or more lots or areas of land or two (2) or more objects which touch one another.
§ 9191.006 Access.
Shall mean a place or way by which pedestrians or vehicles are physically and legally permitted to have ingress to and/or egress from a property or use.
§ 9191.010 Accessory.
Shall mean a use, building or facility incidental, related, and clearly subordinate to a principal use, building or facility established on the same lot.
§ 9191.011 Accessory Dwelling Unit.
Shall mean an attached or detached residential dwelling unit that provides complete independent living facilities for one (1) or more persons. An accessory dwelling unit includes (1) an efficiency unit, as defined in Health and Safety Code Section 17958.1, and (2) a manufactured home, as defined in Health and Safety Code Section 18007. This definition shall be interpreted to be consistent with the definition for "accessory dwelling unit" in Government Code Section 65852.2, as may be amended.
(Ord. 22-2211 § 21)
§ 9191.012 Accessory Dwelling Unit, Junior.
Shall mean a residential dwelling unit that is no more than five hundred (500) square feet in size and is contained within a single-family residence. This definition shall be interpreted as consistent with the definition for "junior accessory dwelling unit" in Government Code Section 65852.22, as may be amended.
(Ord. 22-2211 § 22)
§ 9191.014 Action.
Shall mean a deliberative or authoritative decision of an officer or official body, including, but not limited to, a denial, approval, hearing or continuance of a matter under consideration.
§ 9191.016 Adult Business.
Shall mean any one (1) of the following:
A.
Any business wherein the preponderant business is the offering of services, materials, goods and/or products which are characterized by an emphasis on matter depicting, describing, or relating to "nude" or "semi-nude" persons or "specified sexual activities" between persons for observation by patrons therein. Such business shall include, but not be limited to, an adult bookstore, adult video store, adult arcade, adult theater or other similar business;
B.
Any business which utilizes or encourages sexual arousal, sexual gratification and/or sexual stimulation of a customer or prospective customer in connection with the sale or offering for sale of service, goods or materials. Such business shall include, but not be limited to, Turkish bath, "nude" or "semi-nude" modeling studio, business using "nude" or "semi-nude" models in offering lingerie or intimate apparel for sale, sexual catharsis center, sexual encounter establishment, bondage or discipline parlor, escort bureau or other similar business; or
C.
Any business, having as a portion of its goods for sale, products which replicate or are designed to simulate "specified anatomical areas," as defined in CMC § 9191.620, and which are designed to be placed on "specified anatomical areas" to cause sexual excitement thereof. Such business shall include, but not be limited to, a sexual novelty store or other similar business.
This definition of adult business does not apply, nor shall it be interpreted to apply, to any business conducted, operated by or employing licensed chiropractors, licensed physicians, licensed physical therapists, licensed psychologists, licensed social workers or licensed marriage family counselors when performing functions under or pursuant to their respective licenses.
(Ord. 06-1349 § 7; Ord. 94-1037 § 9; Added by Ord. 94-1035U § 8)
§ 9191.0161 Massage Service.
See CMC § 9138.91(B).
§ 9191.017 Tattoo Service.
See CMC § 9138.92(B).
§ 9191.018 Alley.
Shall mean a public or private right-of-way which affords a means of vehicular access to the side or rear of one (1) or more lots having frontage on a street.
§ 9191.022 Alley, Public.
Shall mean an alley dedicated for public use.
§ 9191.026 Alter or Alteration.
Shall mean reconstruction, remodeling, addition or expansion of facilities involving more than maintenance and repair of existing facilities.
§ 9191.026.5 Alternative Transportation.
Shall mean the use of modes of transportation other than the single passenger motor vehicle, including but not limited to carpools, vanpools, buspools, public transit, walking and bicycling.
(Ord. 93-1002 § 2)
§ 9191.027 Amusement Machine.
Shall mean a device, apparatus, or game of skill or chance designed or constructed to operate by the depositing of any coin, plate, disc, slug, or key.
(Ord. 84-685 § 7; Ord. 83-637U § 7)
§ 9191.028 Arcade.
Shall mean any place of business to which the public is permitted or invited wherein four (4) or more coin- or token-operated amusement machines, still or motion picture machines, projection machines or similar contrivances are maintained. If an arcade is located within another business establishment it shall be deemed to be a separate business requiring a separate business license.
(Ord. 84-685 § 8; Ord. 83-637U § 8)
§ 9191.029 Area.
See Lot Area or Floor Area.
§ 9191.030 Authorized Agent or Representative of Owner.
Shall mean anyone who has authority to make requests or applications, speak for or make presentations on behalf of the owner of any property. An authorized agent or representative shall be responsible for any information or data which he presents to the City. As used in this Chapter, any party who is or will be a plaintiff in an action in eminent domain or acquire property shall be considered an authorized agent or representative for said property.
(Ord. 16-1602 § 13)
§ 9191.031 Automobile Dismantling or Wrecking Yard.
See Vehicle Dismantling Yard.
§ 9191.032 Automobile Impounding Yard.
See Vehicle Impounding Yard.
§ 9191.034 Basement.
Shall mean that portion of a building between a floor and ceiling which is partly below and partly above grade and so located that the vertical distance from average finished grade to the finished floor level below is less than the vertical distance from the average finished grade to ceiling. A basement shall be considered to be a story. (See Figure 1 at the end of this Part[1].)
[1]
Editor's Note: Figure 1 is included as an attachment to this article.
§ 9191.038 Boarding House.
Shall mean the same as Rooming House.
§ 9191.040 Bona Fide Restaurant.
Shall mean an establishment which, on a regular basis and manner, is open for the serving of meals to patrons for compensation and which has adequate kitchen facilities suitable for the preparation of a variety of complete cooked meals, over and beyond such foods as sandwiches or salads.
(Ord. 82-621 § 6)
§ 9191.042 Borrow Pit.
Shall mean any place or premises where dirt, soil, sand, gravel or other material is removed by excavation for any purpose other than that necessary and incidental to grading or construction for a specific project on the premises.
§ 9191.046 Building.
Shall mean any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of persons, animals, chattel or property of any kind.
§ 9191.047 Building or Structure, Accessory.
See Accessory.
§ 9191.054 Building Code.
A.
Shall mean the City of Carson Building Laws.
§ 9191.058 Building Height.
Shall mean any vertical distance from the average finished grade to the highest point of the coping of a flat roof, to the deck line of a mansard roof or to the average height of the highest gable of a pitch or hip roof.
§ 9191.062 Building, Main.
Shall mean a building in which is conducted a principal use of the lot upon which it is situated.
§ 9191.066 Building Official.
Shall mean the officer or other designated authority charged with the administration and enforcement of the City of Carson Building Laws, or his duly authorized representative.
§ 9191.066.5 Buspool.
Shall mean a vehicle carrying sixteen (16) or more passengers commuting on a regular basis to and from work with a fixed route, according to a fixed schedule.
(Ord. 93-1002 § 2)
§ 9191.067 Cargo Container Storage Facilities – Terms Defined.
A.
Cargo Container.
Shall mean any container sufficiently durable for repeated use which, by virtue of its own particular design, permits the temporary storage and protection of bulk commodities, goods and other cargo, and which may be transported in various modes without intermediate loading or unloading.
B.
Cargo Container Parking.
Shall mean the parking of a trailer, detached from the tractor unit, on which is loaded one (1) or more cargo containers.
C.
Cargo Container Storage.
Shall mean the storage or stacking of one (1) or more cargo containers.
(Ord. 87-822 § 4; Ord. 87-819 § 9)
§ 9191.070 Carport.
Shall mean a permanently roofed structure with not more than two (2) enclosed sides, used or intended to be used for automobile shelter or storage.
§ 9191.072 Carpool.
Shall mean a vehicle carrying two (2) to six (6) persons commuting together to and from work on a regular basis.
(Ord. 93-1002 § 2)
§ 9191.073 Carson Civic Center.
Shall mean that area within the City of Carson bounded by 213th Street on the north, Avalon Boulevard on the west, Carson Street on the south, and having an eastern boundary delineated as one hundred (100) feet west of Garston Avenue between 213th Street on the north and Desford Street on the south, thence along Desford Street to the private street located between the Carson Community Center on the west and 1 and 2 Civic Plaza on the east, thence south along said private street to Carson Street.
(Ord. 94-1037 § 10; Added by Ord. 94-1035U § 9)
§ 9191.074 Cellar.
Shall mean that portion of a building between a floor and ceiling which is wholly or partly below grade and so located that the vertical distance from average finished grade to the finished floor level below is equal to or greater than the vertical distance from average finished grade to the ceiling. A cellar shall not be considered a story. (See Figure 1 at the end of this Part[1].)
[1]
Editor's Note: Figure 1 is included as an attachment to this article.
§ 9191.078 Cemetery.
Shall mean land used or intended to be used for the burial or interment of the dead and dedicated for cemetery purposes. Cemetery includes columbaria, crematories and mausoleums, and may include mortuaries and chapels when operated in conjunction with and within the boundary of such cemetery.
§ 9191.082 Centerline.
Shall mean the centerline of a street or other right-of-way as established by official surveys. If two (2) or more centerlines appear on official surveys, or in the absence of an official survey, the centerline shall be determined by the Director of Public Works.
§ 9191.084 Check Cashing or Check Cashing Business.
Shall mean any business or type of service that is required to obtain a check casher permit from the Attorney General's Department of Justice and/or provides services which include the acts of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose for compensation. Check cashing does not include any form of deferred deposit, payday loan, or short-term lending.
(Ord. 09-1419 § 2)
§ 9191.086 Child or Children.
Shall mean a person or persons under eighteen (18) years of age.
§ 9191.090 Child Day Care.
Shall mean the part-time care of children who are not residents of the premises. Community Day Care Facilities are not included in this definition.
§ 9191.094 Church.
Shall mean a building, including a temple or other place of religious worship, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by an organized religious body. Rescue missions, tent revivals and other temporary assemblies are not included in this definition.
§ 9191.098 Clinic, Dental or Medical.
Shall mean a health facility providing diagnosis, treatment or care to patients not confined to the facility as inpatients. Care may include, but is not limited to, the provision of medical, surgical, dental, mental health, rehabilitation, podiatric, optometric or chiropractic services (California Administrative Code, Title 17, Section 400).
§ 9191.102 Club, Private.
Shall mean any building or premises used by an association of persons, whether incorporated or unincorporated, organized for some common purpose such as the promotion of literature, science, politics or good fellowship, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.
§ 9191.106 Commission.
Shall mean the Planning Commission of the City of Carson.
§ 9191.110 Common Area.
Shall mean an entire project area excepting all lots or units granted to or reserved for individual owners or tenants.
§ 9191.114 Community Care Facility.
Shall mean any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult day care, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children, and includes the types of facilities listed in the California Health and Safety Code Sections 1500 through 1518 (California Community Care Facilities Act). Residential community care facilities and community day care facilities are included in this definition.
(Ord. 13-1525 § 5)
§ 9191.118 Community Care Facility, Residential.
Shall mean any family home, group care facility or similar facility for twenty-four (24) hour a day nonmedical care of persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual (California Health and Safety Code, Section 1502(a)). Small Family Home Community Care Facilities are included in this definition.
§ 9191.122 Community Care Facility, Small-Family Home.
Shall mean a residential community care facility which is the family residence of the licensee in which care and supervision are provided for not more than six (6) persons, exclusive of members of the licensee's family.
§ 9191.126 Community Day Care Facility.
Shall mean any facility which provides nonmedical care to persons in need of personal services, supervision or assistance essential for sustaining activities of daily living or for the protection of the individual on less than a twenty-four (24) hour a day basis (California Health and Safety Code, Section 1502(b)).
§ 9191.130 Compatible Use.
Shall mean a use that, because of its manner of operation and characteristics, is or would be in harmony with other existing, permitted or specified uses on the same site or adjacent property.
§ 9191.134 Conditional Use Permit.
Shall mean an approval of a land use granted pursuant to CMC § 9172.21. A Special Use Permit granted under previous regulations and continued in effect by the provisions of this Chapter is deemed to be a Conditional Use Permit.
§ 9191.138 Condominium Common Area.
Shall mean the entire project excepting all units granted to or reserved for individual condominium owners.
§ 9191.142 Condominium Documents.
Shall mean the Declaration of Covenants, Conditions and Restrictions (the Declaration), the description of the Project Elements, the Condominium Plan establishing a plan for residential condominium ownership, and the Articles of Incorporation and By-Laws of the Association of the owners.
§ 9191.146 Condominium Owner.
Shall mean the owner of a condominium unit.
§ 9191.150 Condominium Plan.
Shall mean a plan consisting of a description or survey map of the surface of the land in the project, a diagram showing the dimensions and locations of the units, and a certificate acknowledging the intent to create a condominium project and consenting to the recordation of such a plan pursuant to local ordinance and Title 6, Part 4, Division II (Section 1350, et seq.) of the California Civil Code by the record owner of the property and all record holders of security interests therein.
§ 9191.154 Condominium Project.
Shall mean the entire parcel of real property divided or to be divided into condominiums and common area including all structures located or to be located on such real property.
§ 9191.158 Condominium Project Elements.
Shall mean the condominium units which are to be conveyed, the areas and spaces which are to be assigned to such units, and the common areas which are to be shared by the owners of all units. Such elements constitute the totality of the condominium project and are enumerated in a formal declaration or statement within the condominium documents that includes the incidents of the condominium grant. Such enumerative description may contain irrevocable limitations on the use of the Project Elements which are not appropriate for the Declaration of Covenants, Conditions and Restrictions.
§ 9191.162 Condominium, Residential.
Shall mean an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a complex devoted to residential purposes located on such real property. A residential condominium may include, in addition, a separate interest in other portions of such real property. Such estate may, with respect to the duration of its enjoyment, be either an estate of inheritance or perpetual estate, an estate for life, or an estate for years, such as a leasehold or subleasehold. A residential condominium is a unique land use which has many similarities to the ownership of a single-family dwelling, except that it is usually marked by higher urban densities, contiguity of living units and the aforementioned common interest in the parcel of real property on which it is situated. Residential stock cooperatives are included in this definition for the purpose of meeting the requirements of CMC § 9128.11 through § 9128.17.
(Ord. 85-720 § 17; Ord. 84-700 § 4; Ord. 80-532 § 1)
§ 9191.166 Condominium Unit.
Shall mean the elements of a condominium project which are not owned in common with the owners of other condominiums in the project.
§ 9191.167 Convalescent Home or Convalescent Hospital.
See Long-Term Health Care Facility.
§ 9191.168 Cooperative, Residential Stock.
Shall mean a corporation formed or availed of primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, if all or substantially all of the shareholders of such corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation, which right of occupancy is transferable only concurrently with the transfer of the share or shares of stock in the corporation held by the person having such right of occupancy.
(Ord. 84-700 § 4; Ord. 80-532 § 11)
§ 9191.170 Council.
Shall mean the City Council of the City of Carson.
§ 9191.174 Curb Return.
Shall mean that portion of a curb which is curved to meet intersecting streets. The curb return begins at a point which is tangent to the curb alignment and ends at a point tangent to the curb alignment of the intersecting street.
§ 9191.176 Deferred Deposit or Deferred Deposit Originator.
Shall mean any business or type of service that is required to obtain a deferred deposit originator license from the California Department of Corporations and provides services such as a transaction whereby a person defers depositing a customer's personal check until a specific date, pursuant to a written agreement for a fee or other charge. Also includes any type of short-term lending.
(Ord. 09-1419 § 2)
§ 9191.178 Department Store.
Shall mean a store having a minimum floor area of one hundred thousand (100,000) square feet that carries several lines of merchandise, including apparel, home furnishings and appliances, and housewares, and that is organized into separate departments for the purpose of service, promotion, accounting and control.
(Ord. 82-621)
§ 9191.179 Day Care for Children.
See Child Day Care.
§ 9191.180 Developer.
Shall mean the builder who is responsible for the planning, design and construction of a development project. A developer may be responsible for implementing the provisions of the Municipal Zoning Code as determined by the property owner.
(Ord. 93-1002 § 2)
§ 9191.182 Development.
Shall mean the activity of preparing land and constructing facilities in order to establish a land use. A development shall also mean a lot or project area together with the completed facilities and improvements thereon.
§ 9191.184 Development Plan.
Shall mean a delineation, map or rendition and/or other description which describes the arrangement, appearance, materials, and other features (including but not limited to architecture, landscaping, parking, access, signs and open spaces) which constitute the development or proposed development of a site or any portion thereof.
§ 9191.185 Development Project.
Shall mean a project for which a building permit is required for a commercial, industrial, institutional, or residential building having five (5) or more living units, where solid waste is collected and loaded and any residential project where solid waste is collected and loaded in a location serving five (5) or more living units. A development project shall also mean any new public facility where solid waste is collected and loaded and any improvements for areas of a public facility used for collecting and loading solid waste.
(Ord. 93-1013 § 6)
§ 9191.186 Director.
Shall mean the Community Development Director of the City of Carson, or his duly authorized representative.
§ 9191.190 Director of Public Works.
Shall mean the Public Works Director of the City of Carson or his duly authorized representative.
§ 9191.194 Display.
Shall mean the placement of goods, merchandise, equipment or exhibits arranged for viewing at a location visible to or accessible to the public.
§ 9191.198 Driveway.
Shall mean a private roadway, which provides vehicular access from a street to a structure or site on adjacent grounds for the purpose of vehicle parking or loading or unloading of passengers or material.
§ 9191.200 Driving Skill Course.
Shall mean any commercial facility whose primary business involves customers driving motor vehicles around a closed track. Customers may race against an automatic timing device, but may not race another customer. Said motor vehicles may not include motorcycles, mini-bikes, go-karts or vehicles licensed for use on public streets and/or highways.
(Ord. 78-431)
§ 9191.202 Dwelling.
Shall mean a building containing one (1) or more dwelling units. A group quarters or other building or portion thereof devoted primarily to rooming units shall not be considered to be a dwelling. For purposes of this Chapter a mobile home shall be considered a dwelling if it is certified under the National Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.) and is located on a permanent foundation system pursuant to Section 18551 of the California Health and Safety Code.
(Ord. 81-566 § 1)
§ 9191.206 Dwelling, Multiple.
Shall mean a dwelling containing two (2) or more dwelling units.
§ 9191.208 Repealed.
Repealed by Ord. 22-2211.
(Ord. 03-1290 § 4)
§ 9191.210 Dwelling, Single-Family.
Shall mean a dwelling consisting of one (1) dwelling unit.
§ 9191.214 Dwelling Unit.
Shall mean one (1) or more habitable rooms constituting a permanent, self-contained unit with a separate entrance and used or intended to be used continuously for living and sleeping purposes for not more than one (1) family and containing one, but not more than one, kitchen or kitchenette. A rooming unit is not a dwelling unit.
§ 9191.218 Easement.
Shall mean an area on a lot, and so indicated on a subdivision map or in a deed restriction or other recorded document, reserved for or used for utilities, access or public purposes.
§ 9191.219 Efficiency Unit.
Shall mean a separate living space with a minimum floor area of one hundred fifty (150) square feet intended for occupancy by no more than two (2) persons which contains partial kitchen and bathroom facilities.
(Ord. 03-1290 § 5)
§ 9191.222 Electric Distribution Substation.
Shall mean an assembly of equipment, which could include fuel cells and microwave, cable, radio and/or other communication facilities, as part of a system for distribution of electric power where electric energy is normally received at a subtransmission voltage and transformed to a lower voltage, and/or produced at this lower voltage in case a fuel cell is installed, for distribution to the customer.
§ 9191.224 Emergency Shelter.
Shall mean a facility that provides immediate and short-term housing and supplemental services to homeless persons or families. Supplemental services may include food, counseling, and access to other social programs.
(Ord. 13-1525 § 5)
§ 9191.226 Exception.
Shall mean an approval granted and referred to as an Exception under previous zoning regulations. As provided in CMC § 9183.3, certain Exceptions are continued in effect and are deemed to be Variances.
§ 9191.230 Expansion.
Shall mean an enlargement or increase in floor area or an increase in the site area of a use, or an intensification of use.
(Ord. 80-526 § 2)
§ 9191.234 Family.
Shall mean any number of persons living together in a room or rooms comprising a single dwelling unit and related by blood, marriage, or adoption, or bearing the genetic character of a family unit as a relatively permanent single household, including servants and other live-in employees, who reside therein as though members of the family. Any group of persons not related by blood, marriage or adoption but inhabiting a dwelling unit, shall for the purpose of this Chapter be considered to constitute one (1) family if it is a bona fide single household, including servants and other live-in employees contained in such group.
(Ord. 81-566 § 1)
§ 9191.238 Finished Grade.
Shall mean the elevation of the ground surface at any point after completion of development.
§ 9191.242 Finished Grade, Average.
Shall mean the average of the finished grades, at the midpoints of each wall of a building or side of a structure. In the event a building wall is parallel to and within five (5) feet of a sidewalk, the finished grade for that wall shall be measured at the sidewalk and opposite the midpoint of the wall. (See Figure 2 at the end of this Part[1].)
[1]
Editor's Note: Figure 2 is included as an attachment to this article.
§ 9191.243 Flea Market.
See Swap Meet.
§ 9191.246 Floor Area, Gross.
Shall mean the sum of the horizontal areas of all floors within a building measured from the exterior faces of exterior walls or from the centerline of party walls separating two (2) buildings. The floor area of any basement, cellar or attic with headroom of more than six and one-half (6-1/2) feet shall be included. A basement, cellar or attic floor space with six and one-half (6-1/2) feet of headroom or less, as well as the area of courtyards, shall be excluded. For the purpose of computing required parking area, floor area devoted to parking and maneuvering shall not be included.
§ 9191.250 Floor Area, Net.
Shall mean the gross floor area minus the area of permanent walls, elevator shafts, stairwells, housings for mechanical equipment and vent shafts.
§ 9191.252 Floor Area Ratio (FAR).
Shall mean the gross floor area of all buildings on a lot divided by the net lot area.
(Added by Ord. 94-1039 § 18)
§ 9191.253 Foster Home.
See Community Care Facility, Small Family Home.
§ 9191.254 Freeway.
Shall mean a highway with respect to which the owners of adjoining lands have no right of easement of access to or from their adjoining lands, or with respect to which such owners have only limited or restricted right of easement of access and which is declared to be such in compliance, with the Streets and Highways Code of the State of California, including principal roadways, interchange roadways connecting one freeway with another, and ingress and egress ramps connecting the freeway with other streets or highways, but not including frontage roads.
§ 9191.258 Frontage.
Shall mean the line along which a lot abuts a public street.
§ 9191.262 Future Right-of-Way Area.
Shall mean the portion of a lot planned to be part of a street, alley or public right-of-way, as determined by the Director in accordance with plans, policies or standards adopted by the City.
§ 9191.266 Future Right-of-Way Line.
Shall mean the outer boundary of a future right-of-way.
§ 9191.270 Garage.
Shall mean a building, or portion of a building, enclosed on three (3) or more sides, designed or used for the shelter or storage of vehicles.
§ 9191.271 Garage, Subterranean.
Shall mean a structure wholly underground, or partly underground where the finished floor of the first level above the garage is not more than two (2) feet above the average curb grade adjacent to the property, except for openings for ingress and egress.
(Added by Ord. 94-1039 § 18)
§ 9191.272 Garage, Partial Subterranean.
Shall mean a structure partly underground where the finished floor of the first level above the garage is not more than five (5) feet above the average curb grade adjacent to the property, except for openings for ingress and egress.
(Added by Ord. 94-1039 § 18)
§ 9191.274 General Plan.
Shall mean the long-range, comprehensive general plan adopted by the City of Carson in accordance with the provisions of the State Planning and Zoning Law.
§ 9191.278 Group Quarters.
Shall mean a residential facility or portion thereof in which the residents occupy rooming units.
§ 9191.280 Gymnasium.
Shall mean a large room or building equipped for a variety of indoor sports, games, and spectator seating. The room may be equipped with bars, weights, ropes, etc., used for work-outs or games. A health club/fitness club shall not be considered a gymnasium if spectator seating is not provided.
(Ord. 12-1488 § 3)
§ 9191.282 Hedge.
Shall mean a line of shrubs or trees in which the foliage provides a continuous barrier to view or passage.
§ 9191.286 Heliport.
Shall mean any helicopter landing area used, designed or intended to be used for the receiving or discharging of passengers or cargo, including any appurtenant facilities for passengers, cargo or the servicing, minor repair, shelter or storage of helicopters, but not including major or regular repair activities.
§ 9191.290 Helistop.
Shall mean any helicopter landing area used, designed or intended to be used for the receiving and discharging of passengers or cargo on an occasional or intermittent basis, but not including appurtenant facilities permitted at a heliport other than a shelter for passengers.
§ 9191.294 Hospital.
Shall mean a facility having a duly constituted governing body with overall administrative and professional responsibility and an organized medical staff which provides twenty-four (24) hour, in-patient care. This definition includes General Acute Care Hospital and Acute Psychiatric Hospital. (California Health and Safety Code, Section 1250(a) and (b).)
§ 9191.298 Hotel, Residential.
Shall mean a building containing rooming units and designed for or occupied as a permanent abiding place for persons, with common living facilities, with or without meals. This definition does not include institutions where persons are housed under legal restraint, nor does it include health care facilities or community care facilities.
§ 9191.302 Hotel, Transient.
Shall mean a building containing rooming units and designed for or occupied as an abiding place for transients. This definition does not include institutions where persons are housed under legal restraint, nor does it include health care facilities or community care facilities.
§ 9191.303 Indoor Team Training Facility.
Shall mean an indoor private "training" facility that is subject to enrollment, does not provide spectator seating, does not operate as a pay-to-play format, and is not categorized as a public assembly use, physical training school, gymnasium, athletic club/health club, recreational play facility, or similar type of uses. No activities shall be conducted outdoors. The indoor sport shall require at least one (1) student and one (1) professional teacher/trainer. The facility shall only be used for the private training for team related sports/activities and only provide "training" for professional or amateur status athletes. "Training" does not include practice sessions for novice athletes or recreational play.
(Ord. 12-1488 § 3)
§ 9191.304 Intensification.
Shall mean either (1) an increase in site coverage or (2) an increase in production of goods or services as a result of a proposed increase in facilities, equipment, or utility installation.
(Ord. 80-526 § 3)
§ 9191.307 Intermodal Container Transfer Facility.
Shall mean a facility for the transfer or interchange of cargo containers (as defined in CMC § 9191.067(A)) among the various transportation modes, including, without limitation, all buildings, structures, foundations, footing, pavement, rails, ties, pipes, switches, machinery, equipment, fences, wells and tanks relating thereto.
(Ord. 87-822 § 5)
§ 9191.310 Junk and Salvage.
Shall mean the recycling of old, secondhand or scrap ferrous and nonferrous metals, pipe, paper and paper products, including roofing and tar paper, manufactured plastic products, paint, manufactured clay and porcelain products, trash and similar materials, and may also include the baling of cardboard boxes, paper and paper cartons.
§ 9191.314 Junk and Salvage Yard.
Shall mean any premises, establishment or place of business which is maintained, operated or used for storing, keeping, buying, selling, dismantling or processing of junk and salvage.
§ 9191.318 Kennel.
Shall mean a place where four (4) or more dogs or cats, aged four (4) months or more, are kept, boarded or trained, whether by the owners of the dogs and cats or by persons providing facilities and care, with or without compensation.
§ 9191.322 Kitchen.
Shall mean any space within a building used, designed or intended to be used for the cooking or preparation of food.
§ 9191.326 Laboratory.
Shall mean a building or portion thereof devoted to the testing and analysis of any material, animal or person, but where no manufacturing is conducted on the premises except for experimental or testing purposes, including but not limited to prosthodontics.
§ 9191.330 Landscaping.
Shall mean a designed or natural arrangement of growing plant material such as trees, shrubs, vines, ground cover, flowers or lawn. In addition, features such as rocks, fountains, pools and benches may be included.
§ 9191.334 Livestock.
Shall mean any large, live domestic animals, including but not limited to horses, cows, sheep, goats, pigs, hogs and live fowl such as chickens, turkeys, peacocks, guineas, geese or ducks.
§ 9191.338 Loading Area.
Shall mean an off-street space or berth on the same lot with a building, or group of buildings, designed or used for temporary parking of a commercial vehicle while loading or unloading merchandise or materials.
§ 9191.342 Long-Term Health Care Facility.
Shall mean a facility which maintains and operates twenty-four (24) hour skilled nursing services for the care and treatment of chronically ill or convalescent patients, or provides supportive, restorative and preventive health services in conjunction with a socially oriented program for its residents and which maintains and operates twenty-four (24) hour services including board, room, personal care and intermittent nursing care. (California Health and Safety Code, Section 148(a).)
§ 9191.346 Lot.
Shall mean a parcel of real property that has been legally separated from other parcels of real property and has a distinct number or other designation as shown on a plat map, subdivision map, parcel map, record of survey map or as defined by a metes and bounds description in a deed, in each case recorded in the office of the County Recorder of Los Angeles County. The legal status of a lot is governed by the Subdivision Map Act of the State of California (Government Code 66410 et seq.).
(Ord. 89-897 § 1)
§ 9191.350 Lot Area.
Shall mean the total extent of surface, measured in a horizontal plane, within the lot lines of a lot, and shall mean net lot area unless otherwise indicated.
§ 9191.354 Lot Area, Net.
Shall mean that area of a lot exclusive of:
1.
Public streets, alleys, walkways and other existing public rights-of-way.
2.
Proposed public rights-of-way such as alleys and streets and other necessary public sites, when approved for inclusion within a proposed development project.
3.
Other public or private easements where the owner of the servient tenement does not have the right to use the entire surface of land in any manner.
§ 9191.358 Lot, Corner.
Shall mean a lot situated at the intersection of two (2) or more streets having an angle of intersection of not more than one hundred thirty-five (135) degrees. (See Figure 3 at the end of this Part[1].)
[1]
Editor's Note: Figure 3 is included as an attachment to this article.
§ 9191.362 Lot Depth.
Shall mean the horizontal distance measured from the midpoint of the front lot line to the midpoint of the rear lot line.
§ 9191.364 Lot Frontage.
See Frontage.
§ 9191.366 Lot, Interior.
Shall mean a lot other than a corner lot. (See Figure 3 at the end of this Part[1].)
[1]
Editor's Note: Figure 3 is included as an attachment to this article.
§ 9191.370 Lot Line.
Shall mean any line bounding a lot as herein defined.
§ 9191.374 Lot Line, Front.
In the case of a lot having frontage on only one (1) street, said frontage is the front lot line.
In the case of corner lot, the Director shall determine the front lot line based upon the orientation of existing or proposed development on the subject lot and/or adjacent lots.
In the case of a lot at the intersection of two (2) streets which have an angle of intersection of more than one hundred thirty-five (135) degrees, both frontages shall be considered to be front lot lines.
In case of a through lot, both street frontages shall be considered to be front lot lines, except if access across any such frontage is prohibited, it shall not be considered a front lot line.
In the case of a lot having frontage on three (3) or more streets, the Director shall determine which frontage or frontages shall be considered front lot lines based upon the orientation of existing or proposed development on the subject lot and/or adjacent lots.
§ 9191.376 Lot Line, Interior.
Shall mean a lot line which is common to two (2) abutting lots.
§ 9191.378 Lot Line, Rear.
Shall mean a lot line which is opposite and most distant from the front lot line. In the case of an irregular, triangular or gore-shaped lot, the rear lot line shall be an assumed line parallel to and passing through the point of the lot which is at the greatest distance from the front lot line.
In the case of a through lot with two (2) front lines, there is no rear lot line.
In the case of a lot where the front lot line is determined by the Director, the Director shall also determine which, if any, lot lines shall be considered the rear lot line.
§ 9191.382 Lot Line, Side.
Shall mean any lot line which is not a front lot line or a rear lot line.
§ 9191.386 Lot, Through.
Shall mean a lot having frontage on two (2) parallel or approximately parallel streets. (See Figure 3 at the end of this Part[1].)
[1]
Editor's Note: Figure 3 is included as an attachment to this article.
§ 9191.390 Lot Width.
Shall mean the horizontal distance measured from the midpoints of the side lot lines.
(Ord. 80-532 § 11)
§ 9191.391 Manufactured Home.
Shall mean a transportable structure which in the traveling mode is eight (8) feet or more in width and forty (40) feet or more in length and is a minimum of three hundred twenty (320) square feet and which is built on a permanent chassis and is designed to be used as a dwelling with a permanent foundation.
(Ord. 03-1290 § 6)
§ 9191.391.5 Medical Marijuana Dispensary.
"Medical marijuana dispensary"
means any establishment, business, enterprise, or location where marijuana is distributed, transmitted, given, or otherwise provided to qualified patients or primary caregivers in accordance with California Health and Safety Code Sections 11362.5 through 11362.83, inclusive, commonly referred to as "The Compassionate Use Act of 1996" and Senate Bill 420. A "medical marijuana dispensary" shall not include the following uses, as long as the location of such uses is otherwise regulated by this Code or applicable law: a clinic licensed pursuant to Health and Safety Code Division 2, Chapter 1; a health care facility licensed pursuant to Health and Safety Code, Division 2, Chapter 2; a residential care facility for persons with chronic life-threatening illness licensed pursuant to Health and Safety Code, Division 2, Chapter 3.01; a residential care facility for the elderly licensed pursuant to Health and Safety Code, Division 2, Chapter 3.2; a residential hospice or a home health agency licensed pursuant to Health and Safety Code, Division 2, Chapter 8; as long as any such use complies strictly with applicable law including, but not limited to, Health and Safety Code Section 11362.5 et seq. Medical marijuana dispensaries are prohibited in the City of Carson.
(Ord. 08-1410 § 10)
§ 9191.392 Mini-Mart, Indoor.
Shall mean an indoor retail sales establishment for the purpose of selling new merchandise where two (2) or more individual sellers rent, lease or otherwise purchase the right to sell their products. Indoor mini-mart includes businesses conducted in a common room or rooms of a building but does not include businesses conducted in a single tenant commercial building, a multiple tenant commercial building that has separate primary exterior entrances for each tenant, or in a mall as defined by Sections 711 through 715 of Chapter 7 of Title 26 of the Los Angeles County Unified Building Code and further, accessory uses such as separate concessionaires, lessees, vendors, and kiosks provided such accessory uses are not the primary use of the building.
(Ord. 87-813 § 6)
§ 9191.393 Mixed-Use.
Shall mean the type of development which allows a combination of land uses within a single development (e.g., residential, commercial and recreational uses).
(Added by Ord. 94-1039 § 18)
§ 9191.394 Mobile Home.
Shall mean a structure, transportable in one (1) or more sections, designed or used for human habitation by one (1) family.
(Ord. 81-566 § 1; Ord. 80-532 § 11)
§ 9191.398 Mobile Home Park.
Shall mean any area or tract of land intended, maintained or designed for the purpose of supplying a location or accommodation for two (2) or more mobile homes including all buildings used or intended to be used as part of the equipment of such facility regardless of whether a charge is made for such use. Not included in this definition are trailer camp, trailer court, trailer park and similar terms.
(Ord. 81-550 § 3)
§ 9191.400 Mobile Home Site.
Shall mean that portion of a mobile park designated for use or occupancy of one (1) mobile home, including all appurtenant facilities thereon for the exclusive use of the occupants of said mobile home.
§ 9191.402 Motel.
Shall mean a building or group of buildings containing rooming units or dwelling units with automobile parking space provided in connection therewith, and designed, intended to be used or used primarily for the accommodation of transient automobile travelers. This definition shall include auto cabins, tourist courts, motor courts, motor lodges and similar type uses. An establishment shall be considered a motel if it is required by the Health and Safety Code of the State of California to obtain the names and addresses of the guests and the make, year and license number of the vehicle and the State in which the vehicle is registered.
§ 9191.406 Motor Vehicles.
Shall mean a self-propelled device by which any person or property may be propelled, moved or drawn upon a street or highway, except a device moved by human power or used exclusively upon stationary rails or tracks.
§ 9191.410 Nonconformity.
Shall mean any use or characteristic of land or property, or portion thereof, or activity or circumstance, which does not conform to the regulations of this Chapter, but which was lawfully established under the regulations which prevailed at the time of such establishment.
§ 9191.411 Nude or Semi-Nude.
The term "nude" shall mean a person completely without clothing or covering. The term "semi-nude" shall mean a person whose "specified anatomical areas," as defined in CMC § 9191.620, are less than completely and opaquely covered or who appears to have human male genitals which are in a discernibly turgid state, even if completely and opaquely covered.
(Ord. 94-1037 § 11; Added by Ord. 94-1035U § 10)
§ 9191.412 Nursing Home.
See Long-term Health Care Facility.
§ 9191.414 Occupancy.
Shall mean the purpose for which land or a structure is used or intended to be used. Change of occupancy does not include a mere change of owners, tenants or proprietors.
§ 9191.416 Off-Sale Business.
Shall mean an off-sale business (incidental) or off-sale business (primary), other than a department store or supermarket, as defined below.
"Off-sale business (incidental)"
means an establishment required to obtain a State Alcoholic Beverage Control License (type 20 or 21) and in which less than or equal to twenty (20) percent of the gross floor area is utilized for the sale, display or storage of beer, wine, distilled spirits for consumption off-site.
"Off-sale business (primary)"
means an establishment required to obtain a State Alcoholic Beverage Control License (type 20 or 21) and in which more than twenty (20) percent of the gross floor area i s utilized for the sale, display or storage of beer, wine, or distilled spirits for consumption off-site. "Off-site business (primary)" may include, but is not limited to, such uses as liquor stores, wine shops, etc.
(Ord. 01-1231 § 4)
§ 9191.418 Open Space.
Shall mean ground areas other than the following:
1.
Public rights-of-way.
2.
Driveways.
3.
Trash areas.
4.
Parking areas.
5.
Loading areas.
6.
Vehicle maneuvering areas.
7.
Ground area covered by building or structures other than permitted encroachments.
§ 9191.421 Open Space, Private.
Shall mean open space which has an average gradient of not more than five (5) percent. Private open space may include but is not limited to balconies, patios, terraces, and roof gardens and, in all cases, shall be contiguous to individual dwelling units. Front, side, and rear yard setbacks shall not be credited toward private open space.
(Added by Ord. 85-720 § 13)
§ 9191.422 Open Space, Usable.
Shall mean open space which has an average gradient of not more than five (5) percent. Usable open space may include, but is not limited to, balconies, terraces, and roof gardens. Children's playgrounds, private open space and/or side and rear yard setbacks may be credited toward usable open space.
(Ord. 85-720 § 14)
§ 9191.424 Organic Refuse Landfill Site.
Shall mean a disposal site in which organic waste matter has been deposited and which is characterized by decomposition of the organic waste matter through an anaerobic microbial process.
(Ord. 79-449)
§ 9191.426 Outdoor Festival.
Shall mean any music festival, dance festival, "rock" festival or similar musical activity to which both of the following apply:
1.
Attendance by more than five hundred (500) persons is desired or may reasonably be expected; and
2.
The festival will be held at any place other than in a permanent building or permanent installation which has been constructed for the purpose of or is so constructed that it can be used for conducting such activities.
§ 9191.430 Park or Playground, Public.
Shall mean a publicly owned and supervised recreation area and appurtenant facilities.
§ 9191.434 Parking Area.
Shall mean an area, other than a street or alley, available for temporary storage of vehicles in active use regardless of whether such vehicle storage is for remuneration. Areas for display, long-term storage, impounding or dismantling of vehicles or for truck loading and maneuvering are not included in this definition.
§ 9191.438 Parking Building or Structure.
Shall mean a building or structure, or portion thereof, within or upon which a parking area is located.
§ 9191.439 Parking Area, Employee.
Shall mean the portion of total required parking at a development used by onsite employees.
(Ord. 93-1002 § 2)
§ 9191.442 Parking Lot.
Shall mean a parking area not located within or upon a parking building of structure.
§ 9191.443 Parking – Preferential.
Shall mean parking spaces designated or assigned, through use of a sign or painted space markings for carpool or vanpool vehicles carrying commute passengers on a regular basis that are provided in a location more convenient to a place of employment than parking spaces provided for single occupant vehicles.
(Ord. 93-1002 § 2)
§ 9191.446 Parking Space.
Shall mean a readily accessible off-street area, not including aisles, driveways, walkways, ramps, loading, maneuvering or work areas, maintained exclusively for the parking of one (1) motor vehicle.
§ 9191.450 Parkway.
Shall mean that portion of a street located between the property line and the face of the curb, or between the property line and edge of the pavement if no curb exists.
§ 9191.454 Passageway.
Shall mean a way by which pedestrians have a safe, adequate and usable access to and between buildings.
§ 9191.456 Payday Loan.
See Deferred Deposit.
(Ord. 09-1419 § 2)
§ 9191.458 Person.
Shall mean an individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, the Federal, State, City or County Government, or Special District, or any other group or combination acting as an entity.
§ 9191.460 Physical Training School.
Shall mean a business that provides non-team-related training, lessons, or classes that are subject to enrollment and does not provide spectator seating. The physical class shall include at least one (1) student and (1) one instructor. Physical training schools include classes/lessons/training for dance, ballet, tap, martial arts, and other non-team-related type of uses.
(Ord. 12-1488 § 3)
§ 9191.462 Planned Development.
Shall mean the planning, construction or implementation and operation of any use or structure, or combination of uses and structures, based upon a comprehensive and complete design or plan treating the entire complex of land, structures and uses as a single project.
§ 9191.466 Planning Division.
Shall mean the Planning Division of the Community Development Department of the City of Carson.
§ 9191.470 Plot Plan.
Shall mean the same as Site Plan.
§ 9191.474 Premises.
Shall mean the same as Site.
§ 9191.478 Project Area.
Shall mean a lot or combination of contiguous lots, whether or not held in the same ownership, which are used or intended to be used for a planned development.
§ 9191.482 Project Grading.
Shall mean any excavation or fill, or combination thereof, necessary and incidental to building construction or other lawful development of the premises.
§ 9191.486 Property Line.
Shall mean the same as Lot Line.
§ 9191.490 Public Use.
Shall mean a use operated exclusively by a public body, said use having the purpose of serving the public health, safety or general welfare, and including uses such as public schools, parks, playgrounds, hospitals, administrative and service facilities.
§ 9191.492 Public Works Director.
See Director of Public Works.
§ 9191.494 Quasi-Public Use.
Shall mean a use operated by a private nonprofit educational, religious, recreational, charitable or medical institution, said use having the purpose primarily of serving the general public, and including uses such as churches, private schools, universities, private hospitals and youth centers.
§ 9191.506 Recreational Vehicle.
Shall mean a camp car, camper, motor home, travel trailer or similar vehicle, with or without motive power, but not a mobile home.
§ 9191.508 Recycling Facilities – Terms Defined. [1]
A.
Collection Recycling Facility, Large.
Shall mean a center, occupying an area greater than five hundred (500) square feet, for the acceptance of recyclable materials from the public by means of a bulk or single-feed reverse vending machine, a mobile recycling unit, a kiosk unit or a permanent building. A large collection recycling facility shall be the primary use on the site.
B.
Collection Recycling Facility, Small.
Shall mean a center, occupying an area less than five hundred (500) square feet, for the acceptance of recyclable materials from the public by means of a bulk or single-feed reverse vending machine, a mobile recycling unit, or a kiosk unit. A small collection recycling facility shall be incidental to an existing primary commercial use, and shall not include any type of power-driven processing equipment other than that required to operate a reverse vending machine.
C.
Convenience District.
Shall mean an area within a one-half mile radius of a supermarket that is designated by the California Department of Conservation, Division of Recycling, as a "convenience zone." "Convenience district" shall have the same meaning as "convenience zone" as said term is used in the California Beverage Container Recycling and Litter Reduction Act of 1986. At least one (1) certified recycling facility shall be permitted within a convenience district unless exempted by the California Department of Conservation.
D.
Mobile Recycling Unit.
Shall mean an automobile, truck, trailer or van, licensed by the Department of Motor Vehicles, which is used for the collection of recyclable materials. A mobile recycling unit also means the bins, boxes or containers transported by trucks, vans, or trailers, and used for the collection of recyclable materials. A mobile recycling unit shall not occupy an area of more than five hundred (500) square feet.
E.
Processing Facility for Recyclables. Shall mean a building or enclosed space used for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment, or to an end-user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning and remanufacturing.
F.
Processing Facility for Recyclables, Heavy. Shall mean any processing facility for recyclables other than a light processing facility for recyclables.
G.
Processing Facility for Recyclables, Light. Shall mean a processing facility for recyclables that occupies an area of under forty-five thousand (45,000) square feet of gross collection, processing and storage area and has up to an average of two (2) outbound truck shipments per day. Light processing facilities for recyclables are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials and repairing of reusable materials. A light processing facility for recyclables shall not shred, compact or bale ferrous metals other than food and beverage containers.
H.
Recyclable Materials.
Shall mean reusable material including, but not limited to, metals, glass, plastic and paper, which is intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse, hazardous materials or waste. Recyclable material may include used motor oil collected and transported in accordance with Sections 25250.11 and 25143.2(b)(4) of the California Health and Safety Code.
I.
Recycling Areas (Areas for Recycling). Shall mean any space allocated for collecting and loading of recyclable materials. Such areas shall have the ability to accommodate receptacles for recyclable materials. Recycling areas shall be accessible and convenient for those who deposit as well as those who collect and load any recyclable materials placed therein.
J.
Recycling Facility.
Shall mean a center for the collection or processing of recyclable materials. Recycling facilities include small collection recycling facilities, large collection recycling facilities, light processing facilities for recyclables and heavy processing facilities for recyclables. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial, or manufacturing use and is used solely for the recycling of material generated by that residential property, business or manufacturer.
K.
Recycling Facility, Certified.
Shall mean a recycling facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986.
L.
Reverse Vending Machine, Bulk.
Shall mean a reverse vending machine which is designed to accept more than one (1) empty recyclable beverage container at a time and will pay by weight rather than by individual container.
M.
Reverse Vending Machine, Single-Feed.
Shall mean an automated mechanical device, similar in size and appearance to a soda vending machine, which accepts empty recyclable beverage containers one (1) at a time and issues to the consumer, based upon the number of containers deposited, a cash refund or a redeemable credit slip with a value not less than the container's redemption value as determined by the State.
(Ord. 93-1002 § 7; Ord. 87-819 § 10)
[1]
Editor's Note: See the Beverage Container Recycling and Litter Reduction Act passed in 1986 for provisions regarding compliance and penalties.
§ 9191.509 Religious Worship, Place of.
See Church.
§ 9191.5091 Repairs and Services, Major Automobile.
See CMC § 9138.11(A)(5).
§ 9191.5092 Repairs and Services, Minor Automobile.
See CMC § 9138.11(A)(4).
§ 9191.510 Residence or Residential.
Shall mean a dwelling, group quarters, mobile home or other permanent living accommodations, or features pertaining thereto.
§ 9191.514 Retail.
Shall mean the purchase, sale, distribution, delivery or other transaction involving the handling or disposition of any article, substance, commodity or service, for profit or livelihood, direct to the ultimate consumer.
§ 9191.515 Retail Petroleum Outlet.
See CMC § 9138.11 (A)(2).
§ 9191.518 Retirement Home.
Shall mean a facility which offers or provides lodging, with or without meals, primarily for aged persons, but does not include any facility defined as a Community Care Facility.
§ 9191.522 Rooming House.
Shall mean either: A dwelling or portion thereof which is used to accommodate seven (7) or more roomers; or any other residential building containing rooming units, regardless of whether a common meal service is provided. Retirement homes, senior citizen homes and residential hotels are not included in this definition.
§ 9191.526 Rooming Unit.
Shall mean one (1) or more habitable rooms with separate entrances and used or intended to be used for living and/or sleeping purposes. The basic distinction between a rooming house and a dwelling unit shall be that a rooming unit shall not have a kitchen or kitchenette. For the purpose of this definition, a sleeping room in a transient hotel, motel without kitchens, rooming house, fraternity house, sorority house or dormitory shall constitute a rooming unit. Where rooming units are not clearly delineated, each one hundred (100) square feet of common sleeping area shall be considered one (1) rooming unit.
§ 9191.530 Scenic Highway.
Shall mean a roadway designated as a scenic highway in the Scenic Highway Element of the General Plan of the City of Carson or a roadway within the Scenic Highway System of the State of California.
§ 9191.534 School, Private.
Shall mean a private institution of learning which is generally supported by tuition, fee, or donation and which offers instruction in areas of academic, vocational and avocational pursuits, but not including a trade school.
§ 9191.538 School, Public.
Shall mean a publicly owned institution of learning supported primarily by public funds.
§ 9191.542 School, Trade.
Shall mean a school primarily offering instruction in the technical and/or trade skills such as electronic schools, automotive and aircraft technician's schools and similar establishments.
§ 9191.544 Second Primary Unit.
Shall mean a second residential dwelling unit, other than an accessory dwelling unit or junior accessory dwelling unit, on a parcel with one (1) and only one (1) existing residential unit that is not an accessory dwelling unit or junior accessory dwelling unit.
(Ord. 22-2210 § 12)
§ 9191.546 Secondhand Store.
Shall mean any business offering merchandise for sale where the greater portion of the merchandise is secondhand or used.
§ 9191.550 Service Yard, Public Utility or Public Service.
Shall mean any building or premises used primarily for the office, warehouse, storage yard or vehicle equipment maintenance of a public utility including microwave, radio, cable and/or other communication facilities.
§ 9191.554 Setback.
Shall mean the shortest horizontal distance, measured at ground level and above, between a building or structure and a lot line or other specified line.
§ 9191.556 Sidewalk.
Shall mean the paved portion of a parkway intended exclusively for pedestrian travel.
§ 9191.558 Sign.
Shall mean any name, figure, painting, character, outline, spectacle, display, delineation, announcement, advertising, billboard, signboard, device, appliance or any other thing of similar nature to attract attention outdoors or on the face, wall or window of any building, and shall include all parts, portions, units and materials composing of the same, together with the frame, background, support and anchorage therefor.
§ 9191.566 Sign, Business.
Shall mean a sign directing attention to the principal business, profession or industry located upon the premises where the sign is displayed, or to type of products sold, manufactured or assembled, or to services or entertainment offered on said premises.
§ 9191.567 Sign, Electronic Message Center.
Shall mean any sign which is controlled by electronic process or remote control in such a manner that different copy changes are instantaneously displayed on the same lamp bank.
(Ord. 80-513 § 5)
§ 9191.568 Sign Face.
Shall mean a single sign display surface.
§ 9191.570 Sign Face Area.
Shall mean the total surface area computed by drawing intersecting straight lines which form the boundary of the area within which words, letters, figures, symbols or pictures could be placed.
§ 9191.574 Sign, Flashing or Scintillating.
Shall mean any sign which by any method or manner of illumination either flashes on or off, winks or blinks with varying light intensity; shows motion or creates the illusion of motion; or revolves in a manner to create the illusion of being on or off. Automatic changing signs such as public service time and temperature signs or electronic message center signs shall not be considered a flashing or scintillating sign.
(Ord. 80-513 § 4)
§ 9191.578 Sign, Free-Standing.
Shall mean any sign supported directly on the ground. This definition includes pole signs, ground signs and other signs detached from a building.
§ 9191.582 Sign, Illuminated.
Shall mean any sign designed to emit or brightly reflect artificial light.
§ 9191.584 Sign, Off-Site.
Signs that direct attention to a business, commodity, industry, or other commercial activity sold, offered, or conducted elsewhere than on the premises upon which such sign is located.
(Ord. 15-1563 § 13)
§ 9191.585 Sign, On-Site.
Signs that direct attention to a business, commodity, industry, or other commercial activity sold, offered, or conducted on the premises upon which such sign is located.
All signs on private property that display noncommercial messages or designs are considered on-premises signs, irrespective of where they are placed.
(Ord. 15-1563 § 13)
§ 9191.585.1 Sign, Open House. [1]
Temporary directional signs for real estate events.
(Ord. 15-1563 § 13)
[1]
Code reviser's note: Ord. 15-1563 adds this Section as 9191.586. It has been editorially renumbered to prevent duplication of numbering.
§ 9191.586 Sign, Outdoor Advertising.
Shall mean any sign directing public attention to a business, profession, product or service that is not a principal business, profession, product or service which is sold, manufactured, conducted or offered on the premises where such a sign is erected or maintained. Billboards are included in this definition.
§ 9191.587 Sign, Temporary.
Any sign subject to a time limitation or used for a limited time period or purpose; or, any sign with a useful life of one (1) year or less.
(Ord. 15-1563 § 13)
§ 9191.590 Sign, Real Estate Advertising.
Shall mean an on-site sign or sign structure offering property for sale, lease or rent, which may contain the name, address and/or telephone number of a real estate broker or property owner.
(Ord. 15-1563 § 14)
§ 9191.594 Sign, Revolving.
Shall mean a sign or portion thereof which rotates, moves or appears to move in some manner by mechanical, electrical, natural or other means.
§ 9191.598 Sign Structure.
Shall mean a structure existing, erected or maintained to serve as a stand, frame or other background for the support or display of signs. This definition is limited to free-standing structures which have the primary purpose of supporting a sign, except that a building or other structure upon which a sign is mounted shall be counted as a sign structure for the purpose of regulating the number of sign structures permitted.
§ 9191.602 Sign, Subdivision Directional.
Shall mean a temporary sign used for the purpose of providing travel directions to a subdivision development.
§ 9191.606 Sign, Wall.
Shall mean any sign posted, painted on, suspended from or otherwise affixed to the wall of any building or structure in an essentially flat position or with the exposed face of the sign in a plane approximately parallel to the plane of such wall.
§ 9191.608 Single-Room Occupancy (SRO) Housing.
Shall mean housing consisting of single-room dwelling units with no more than four hundred (400) square feet of habitable space that is the primary residence of its occupant or occupants. The unit must contain either food preparation or sanitary facilities (and may contain both). An accessory structure (i.e., garage) does not qualify as an SRO. Efficiency units are included in this definition.
(Ord. 13-1525 § 5)
§ 9191.610 Site.
Shall mean a project area or lot or portion thereof used or intended to be used for a land use or group of interrelated land uses. Site shall also mean an individually reserved, leased or owned unit of land within a planned development, condominium project or mobile home park.
§ 9191.614 Site Plan.
Shall mean a rendition of a plan to scale, showing all of the uses, yard areas, parking, landscaping, structures and other features existing or proposed on a site.
§ 9191.618 Special Use Permit.
Shall mean an approval of a land use granted and referred to as a Special Use Permit under previous zoning regulations. As provided in CMC § 9183.3, certain Special Use Permits are continued in effect and are deemed to be Conditional Use Permits.
§ 9191.620 Specified Anatomical Areas.
Shall mean any of the following:
A.
The human genitals or the human pubic region;
B.
The perineum or any portion of the crease of the human buttocks; or
C.
The portion of the human female breasts that includes the nipple or that portion of the breast which has a different pigmentation than the main portion of the breast.
(Ord. 94-1037 § 12; Added by Ord. 94-1035U § 11)
§ 9191.621 Specified Sexual Activities.
Shall mean any of the following:
A.
Human genitals in a state of sexual stimulation or arousal;
B.
Acts of human masturbation, sexual intercourse, oral copulation, or sodomy; and
C.
Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts.
(Ord. 94-1037 § 13; Added by Ord. 94-1035U § 12)
§ 9191.622 Stable.
Shall mean a structure or portion thereof used for the shelter or care of horses or similar animals.
§ 9191.626 Storage.
Shall mean the use of land or structures for the accumulation or holding of goods, merchandise, equipment or material.
§ 9191.630 Storage, Outdoor.
Shall mean the storage outside of an enclosed building for any purpose other than display.
§ 9191.634 Story.
Shall mean that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. Story includes a basement but not a cellar.
§ 9191.638 Street.
Shall mean a right-of-way open to or intended to be opened to the public primarily for the movement of vehicles and access to adjacent property. This definition does not include an alley, walkway, freeway or frontage road.
(Ord. 80-532 § 11)
§ 9191.642 Street, Arterial.
Shall mean a street designated as a Major or Secondary Highway on the Master Plan of Highways of the General Plan of the City of Carson.
§ 9191.643 Street Centerline.
See Centerline.
§ 9191.646 Street, Collector.
Shall mean a street designated as a Collector Street on the Master Plan of Highways of the General Plan of the City of Carson.
§ 9191.647 Street Frontage.
See Frontage.
§ 9191.650 Street, Private.
Shall mean a street not dedicated for public use.
§ 9191.654 Street, Public.
Shall mean a street dedicated for public use.
§ 9191.658 Structure.
Shall mean anything constructed or erected which requires location on the ground or is attached to something having a location on the ground, except outdoor areas such as walks, paved areas, tennis courts, and similar open recreation areas. This definition includes buildings.
§ 9191.659 Structure, Accessory.
See Accessory.
§ 9191.662 Structure Height.
Shall mean the vertical distance from the average finished grade to the highest part of the structure.
§ 9191.666 Structure, Unoccupiable.
Shall mean any structure which is not defined as a building.
§ 9191.668 Supermarket.
Shall mean a departmentalized self-service chain or independent retail market, used primarily for the retailing of a variety of food, convenience goods, and household merchandise arranged in open mass display, with a minimum floor area of twenty thousand (20,000) square feet.
(Ord. 82-621)
§ 9191.669 Supportive Housing.
Shall mean housing with no limit on length of stay, that is occupied by the target population, and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. This definition excludes housing for halfway houses intended for occupancy of parolees or convicted persons, group quarters for members of a religious order, boarding or rooming house, fraternity or sorority house, dormitory or similar group quarters.
(Ord. 13-1525 § 5)
§ 9191.670 Swap Meet (Including Flea Markets).
Shall mean a business conducted for the purpose of selling new or used merchandise in a parking lot, drive-in theater, or other outdoor facility where two (2) or more individuals rent, lease or otherwise purchase the right to sell their products at the location. Swap meets shall include flea markets. Swap meets shall not include fairs or bazaars when conducted by a church, school or other nonprofit public service organization; provided, that said events do not occur more than four (4) times in any one (1) year unless approved by the Director for additional events. Further, swap meets shall not include indoor mini-marts or auction houses or similar businesses conducted on a permanent basis. Any sales use which is advertised as a swap meet or variant shall be construed as a swap meet under this definition.
(Ord. 98-1135 § 3; Ord. 87-813 § 2; Ord. 86-763U § 2)
§ 9191.674 Tandem.
Shall mean a group of two (2) or more objects arranged or following one behind the other.
§ 9191.675 Temple.
See Church.
§ 9191.678 Tradefair.
Shall mean an indoor or outdoor exhibit of new product by manufacturers or distributors. This definition specifically excludes swap meet and flea market.
§ 9191.679 Trailer.
Shall mean a vehicle, with or without motive power, which is designed or used for human habitation. Included in this definition is camp car, camper, motor home, travel trailer, recreational vehicle or similar vehicle, but not a mobile home.
(Ord. 81-550 § 4)
§ 9191.680 Trailer Park.
Shall mean any area or tract of land intended, maintained or designed for the purpose of supplying a location or accommodation for two (2) or more trailers including all buildings used or intended to be used as part of the equipment of such facility regardless of whether a charge is made for such use. Included in this definition are trailer camp, trailer court and similar terms.
(Ord. 81-550 § 5)
§ 9191.682 Transfer Station for Refuse.
Shall mean an area, including any necessary buildings or structures, for the temporary storage and salvage of rubbish, garbage or industrial waste, but not including the processing of junk and salvage and not including a waste disposal facility.
§ 9191.686 Transportation Demand Management (TDM).
Shall mean the alteration of travel behavior usually on the part of commuters through programs of incentives, services and policies. TDM addresses alternatives to single occupant vehicles such as carpooling and vanpooling, and changes in work schedules that move trips out of the peak period or eliminate them altogether (as is the case in telecommuting or compressed work weeks).
(Ord. 93-1002 § 2)
§ 9191.690 Transient.
Shall mean a person who receives lodging at a given location, with or without meals for a period of not more than one hundred eighty (180) days.
§ 9191.692 Transitional Housing.
Shall mean a building or group of buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six (6) months. This definition excludes housing for halfway houses intended for occupancy of parolees or convicted persons, group quarters for members of a religious order, boarding or rooming house, fraternity or sorority house, dormitory or similar group quarters.
(Ord. 13-1525 § 5)
§ 9191.694 Transmission Line, Major.
Shall mean a utility line for the transmission of electrical energy at voltages of thirty-three thousand (33,000) volts or above.
§ 9191.696 Trip Reduction.
Shall mean reduction in the number of work-related trips made by single occupant vehicles.
(Ord. 93-1002 § 2)
§ 9191.698 Truck Terminal.
Shall mean a principal use of land for trucking operations where there are dock facilities, either partially enclosed or unenclosed, for the purposes of transferring goods or breaking down and assembling tractor-trailer transport. Not included in this definition are warehouse facilities, as defined in this Part, or similar facilities used primarily for freight forwarding and the deposit, storage or safekeeping of goods.
(Ord. 04-1308 § 1)
§ 9191.699 Truck Yard.
Shall mean a principal use of land for parking or storage of trucks in active use with or without servicing or repairing of trucks as an incidental use thereto. This definition does not include parking or storage of trucks if incidental to and located on the same lot, or contiguous lot, as a permitted use, servicing only said permitted use, and wholly owned or controlled by the owners of said permitted use. Not included in this definition are warehouse facilities, as defined in this Part, or similar facilities used primarily for freight forwarding and the deposit, storage or safekeeping of goods.
(Ord. 04-1308 § 2)
§ 9191.700 Two (2) Unit Development.
Shall mean the simultaneous development of two (2) new residential dwelling units on a parcel with no existing primary residential dwelling units.
(Ord. 22-2210 § 13)
§ 9191.702 Use.
Shall mean the type of activity, occupancy or purpose for which land, buildings, or facilities are arranged, designed or intended to be occupied or maintained.
§ 9191.703 Use, Accessory.
See Accessory.
§ 9191.704 Use, Minor.
Shall mean a use which is incidental and subordinate to a principal use.
§ 9191.710 Use, Primary.
Shall mean the predominant principal use of a lot or project area as determined by revenue, floor space, site area and/or any other criterion deemed appropriate by the Director.
§ 9191.714 Use, Principal.
Shall mean a use which is not subordinate, incidental or accessory to some other use on the same lot or project area.
§ 9191.716 Vanpool.
Shall mean a vehicle carrying seven (7) or more persons commuting together to and from work on a regular basis, usually in a vehicle with a seating arrangement designated to carry seven (7) to fifteen (15) adult passengers, and on a prepaid subscription basis.
(Ord. 93-1002 § 2)
§ 9191.718 Variance.
Shall mean a waiver or conditional waiver of specific regulations of this Chapter as applied to a specific case and granted by the City in accordance with the provisions set forth in this Chapter for Variances. (See CMC § 9172.22.)
§ 9191.720 Vehicle.
Shall mean any motorized form of transportation, including but not limited to automobiles, vans, buses and motorcycles.
(Ord. 93-1002 § 2)
§ 9191.722 Vehicle Dismantling Yard.
Shall mean any premises used for the dismantling or wrecking of motor vehicles and trailers required to be registered under the Vehicle Code of the State of California, including the buying, selling or dealing in such vehicles or integral parts or component materials thereof, and the storage, sale or dumping of dismantled, partially dismantled or wrecked, inoperative vehicles and trailers. Vehicle dismantling shall not include the incidental storage of inoperative or disabled vehicles in connection with the legal operation of a vehicle repair shop or body and fender repair shop.
§ 9191.726 Vehicle Impounding Yard.
Shall mean any premises, establishment or place of business which is maintained, operated or used for storing, keeping or holding of motor vehicles and trailers, required to be registered under the Vehicle Code of the State of California, which have been legally removed or impounded by a peace officer from public or private property as prescribed by law.
§ 9191.730 Veterinary Clinic.
Shall mean any facility providing medical or surgical treatment, clipping, bathing and similar services to dogs, cats and other small animals, but excluding a kennel, animal hospital or other overnight care on a regular basis.
§ 9191.734 Walkway.
Shall mean a right-of-way intended exclusively for the movement of pedestrians.
§ 9191.738 Walkway, Public.
Shall mean a walkway dedicated for public use.
§ 9191.742 Wall, Solid.
Shall mean a wall with one hundred (100) percent of the vertical surface closed to the passage of light and air.
§ 9191.746 Warehouse.
Shall mean a building or portion of a building used primarily for the deposit, storage or safekeeping of goods regardless of whether the goods are offered for sale.
§ 9191.750 Waste Disposal Facility.
Shall mean any dump, land reclamation project, incinerator or other facility for burning or treating refuse, or other similar site or facility which is used or intended to be used for the disposal of rubbish, garbage or industrial waste.
§ 9191.754 Wholesale.
Shall mean sale for resale and not for direct consumption.
§ 9191.758 Yard.
Shall mean any open space on the same lot with a building or buildings; provided, that the open space is unoccupied and unobstructed from the ground upward, except for encroachments permitted by this Chapter.
§ 9191.762 Yard, Front.
Shall mean a yard extending across the full width of a lot between a building and the front lot line. (See Figure 3 at the end of this Part[1].)
[1]
Editor's Note: Figure 3 is included as an attachment to this article.
§ 9191.766 Yard, Rear.
Shall mean a yard extending the full width of the lot between a building and the rear lot line. (See Figure 3 at the end of this Part.)
§ 9191.770 Yard, Required.
Shall mean that portion of a yard which meets the minimum requirements of the zone in which located, and is in compliance with all other provisions of this Chapter.
§ 9191.774 Yard Sale.
Shall mean a yard, garage, patio or similar type sale for the purpose of disposing of personal property. (See CMC § 4600 through § 4606.)
(Ord. 80-532 § 11)
§ 9191.778 Yard, Side.
Shall mean a yard between a building and the nearest side lot line, extending from the rear of the required front yard to the front of the required rear yard. (See Figure 3 at the end of this Part[1].)
[1]
Editor's Note: Figure 3 is included as an attachment to this article.
§ 9191.782 Zone.
Shall mean a designation or classification of land as shown on the Zoning Map within which uniform regulations as provided in this Chapter shall apply to the use and development of land.
§ 9191.786 Zoning Map.
Shall mean that map specifically referred to in this Chapter as the Zoning Map, City of Carson, which shows the locations of all zones.
§ 9111.1 Title.
This Chapter may be cited as the Carson Zoning Ordinance.
§ 9111.2 Authority.
This Chapter is enacted pursuant to the California Planning and Zoning Law: Title 7, Division 1, Chapter 4 (Sections 65800 through 65912) of the Government Code.
§ 9111.3 Purpose.
The purpose of this Chapter is to serve the public health, safety, comfort, convenience and general welfare by establishing land use districts designed to obtain the physical, environmental, economic and social advantages resulting from planned use of land in accordance with the General Plan of the City of Carson, and by establishing those regulations for the development and use of land and improvements within the various districts which will ensure that the growth and development of the City of Carson shall be orderly, attractive and efficient for the maximum benefit of its citizens.
§ 9112.1 Explanation of Format of this Chapter.
The Zoning Map, as indicated by CMC § 9114.1, delineates the zoning district applicable to each area of the City. The general purpose of each of these districts is indicated in CMC § 9113.1.
There are four (4) basic categories of zoning districts: residential, commercial, industrial and open space/special use. Parts 2, 3, 4 and 5 of this Chapter contain, respectively, most of the regulations applicable within each of these categories. Since many of the regulations are the same for all of the zoning districts within a category, separate sections of the regulations are not provided for each zoning district. Where different regulations exist among the zoning districts within the same category, these differences are shown as a part of each regulation.
For certain specific activities or land uses for which extensive regulations have been adopted as a part of the zoning regulations, these special provisions are set forth in Division 8 of either Parts 2, 3, 4 or 5, depending upon the type of use.
Parts 6, 7, 8 and 9 of this Chapter contain regulations and provisions which, for the most part, are applicable to all zoning districts. Part 6 contains general development standards including those for vehicular access and parking, trash areas and signs. Part 7 provides for the procedures to be followed in administering and changing the regulations of this Chapter. Part 8 provides for the implementation and enforcement of these regulations, including provisions for the continuation or termination of nonconformities, that is, circumstances which were lawfully established but do not comply with current regulations because of subsequent changes in the regulations. Part 9 defines various words and phrases used in this Chapter.
§ 9113.1 Names and Purposes of Zones.
The following zoning districts are hereby established, with their general purposes as indicated:
RESIDENTIAL ZONES
RS – Residential, Single-Family. This zone is created for the establishment, expansion and preservation of residential areas which are to be developed with single-family detached dwellings and such other activities considered harmonious with such low density residential development.
RM – Residential, Multiple Dwelling. This zone is created for the establishment, expansion and preservation of residential areas which are to be developed with multiple dwellings or combinations of single-family and multiple dwellings, and such other activities considered harmonious with such medium and high density residential development.
RA – Residential Agricultural. This zone is created for single-family residential uses together with compatible crop cultivation and related agricultural activities on land which is not yet fully utilized for residential purposes.
COMMERCIAL ZONES
CN – Commercial, Neighborhood Center. This zone is created primarily for convenience retail shopping facilities to serve surrounding neighborhoods. Characteristically, each center is anchored by a grocery store with small retail service shops and professional offices.
CR – Commercial, Regional Center. This zone is created primarily for a major center, with its peripheral areas, which serves a community or subregional area and offers a full range of retail merchandise and services.
CG – Commercial, General. This zone is created primarily to provide areas for all types of commercial activities not grouped in commercial centers.
CA – Commercial, Automotive. This zone is created primarily to maximize and group retail sales of new automobiles at dealerships and promote the development of an auto sales district with consistent and appealing landscaping, lighting, signage and compatible architectural elements.
MU-CS – Mixed-Use – Carson Street. This zone is created primarily to create a downtown retail and residential district which will provide a distinctive core area along Carson Street which includes the Civic Center. This designation provides for pedestrian-oriented, mixed-use (commercial/residential) development which may include market rate, affordable or senior housing and transit-oriented development.
MU-SB – Mixed-Use – Sepulveda Boulevard. This zone is created primarily to create a retail, office and residential district along the south side of Sepulveda Boulevard two hundred forty (240) feet east of Marbella Avenue and four hundred (400) feet west of Avalon Street. This designation provides for mixed-use (commercial/ residential) development which may include market rate, affordable or senior housing development, residential or commercial development. The lots are very shallow in this area which makes conventional development difficult. The purpose of this zone is to create the flexibility needed to develop a vibrant residential/commercial corridor.
INDUSTRIAL ZONES
ML – Manufacturing, Light. This zone is created primarily for small and medium size industrial uses which are not likely to have adverse effects upon each other or upon neighboring residential and commercial zones.
MH – Manufacturing, Heavy. This zone is created primarily for the full range of industrial uses which are acceptable within the community as a whole, with provisions for controlling any adverse effects upon the more sensitive areas of the City.
OPEN SPACE ZONE AND SPECIAL USES
OS – Open Space. This zone is created for the enhancement, expansion and protection of large outdoor recreation areas, natural resource areas, ecological preserves and land subject to special hazards which make such land unsuitable for buildings.
SU – Special Use. This classification is created primarily in order to provide for special zone designations with appropriate regulations for certain large or unique land uses which have a major impact upon the surrounding community and which could not have been reasonably anticipated in the zoning pattern.
(Ord. 07-1392 § 9; 06-1363 § 9; Ord. 03-1279 § 1)
§ 9113.2 Overlay Districts.
The following special designations are hereby created and may be combined by notation on the Zoning Map with any of the zoning districts listed in CMC § 9113.1 in order to accomplish additional purposes within such designated areas:
BP – Blimp Port. This designation is created to provide for the development and operation of blimp ports. Properties within this designation will be required to meet certain site requirements and development standards.
CEM – Cemetery. This designation is created to provide for the development and operation of cemeteries and related uses. Properties within this designation will be required to meet certain development standards that provide for adequate setbacks, screening, parking, landscaping, and signage.
COL – College. This designation is created to provide for the development of higher education institutions that may include classrooms, administrative offices, and accessory uses. Site development standards will not be required for properties preempted under State law. All academic uses will be regulated under the rules and regulations of the Board of Trustees of the California State University and Colleges, California State Department of Finance, California Public Works Board, Office of the State Fire Marshal and Office of the State Architect.
D – Design Overlay. This designation is created primarily to provide for Site Plan and Design Review of future development within the designated areas in order to achieve special standards of design, architectural quality, style and compatibility, landscape treatment, and functional integration of neighboring developments.
EMS – Electronic Marquee Signage. This designation is created to provide for the development and operation of two (2) freeway-oriented electronic marquee signs for outdoor advertising purposes, one (1) on a 91 Freeway-adjacent commercial zone parcel and one (1) on a 405 Freeway-adjacent commercial zone parcel. The only parcels eligible for this designation shall be those four (4) parcels identified and considered in connection with the April 2001 National Training Center Environmental Impact Report (State Clearinghouse Number 2000101041) certified by the Board of Trustees of the California State University and College System.
MUR – Mixed-Use Residential. This designation is created to provide for pedestrian-oriented, mixed-use (commercial/residential) development, and high density residential development which may include market rate, affordable or senior housing, within designated areas in commercial zones.
ORL – Organic Refuse Landfill. This designation is created to provide for the public health, safety and general welfare by regulating uses of organic refuse landfill sites and ensuring that proper mitigation measures are taken to eliminate or minimize hazards to persons and property and environmental risks associated with such sites including, but not limited to, toxicity, fire, explosion and subsidence.
MHP – Mobilehome Parks. This designation is created to maintain, preserve, and promote mobilehome parks as an important source of affordable rental housing. The MHP overlay district is created over, and automatically applies to, all existing mobilehome parks within the City. For purposes of this subsection and CMC § 9113.4, "existing mobilehome parks" is defined as all land improved or operating as mobilehome parks within the City as of the date of approval of the City's General Plan Amendment No. 115-23 (April 4, 2023), except those areas improved or operating as mobilehome parks that have either (i) a valid relocation impact report approval resolution in effect as of April 4, 2023, pursuant to CMC § 9128.21, or (ii) a valid approval of closure or cessation of use of a mobilehome park resulting from the entry of an order for relief in bankruptcy as stated in Government Code Section 65863.7(f) as of April 4, 2023.
(Ord. 23-2303 § 4(A); Ord. 11-1479 § 1; Ord. 02-1245 § 1; Ord. 94-1039 § 1)
§ 9113.3 Density Designations.
Where a number appears on the zoning map in combination with the symbol for a residential zone, such number indicates the permitted density of development as provided in CMC § 9124.1.
(Ord. 78-449)
§ 9113.4 MHP Overlay District Conditionally Permitted Use.
Existing mobilehome parks, as defined in CMC § 9113.2, that were improved or operating as mobilehome parks as of the date of approval of the City's General Plan Amendment No. 115-23 (April 4, 2023) are automatically permitted and need not obtain a CUP in order to constitute a lawful use within the MHP overlay district. Newly proposed mobilehome park uses are conditionally permitted within the MHP overlay district; such uses may be permitted with approval of a conditional use permit ("CUP") in accordance with CMC § 9121.1 and § 9131.1. Use for any other purpose in the MHP overlay district is strictly prohibited.
(Ord. 23-2303 § 4(B))
§ 9114.1 Zoning Map.
The map entitled "Zoning Map, City of Carson," on file in the office of the City Clerk, City of Carson, is hereby made a part of this Chapter by this reference thereto. The boundaries and symbols (as identified in Division 3 of this Part) indicate the areas of the City to which the regulations of the various districts apply.
The boundaries and symbols shown on the Zoning Map shall be amended or revised only in accordance with Zone Changes adopted pursuant to CMC § 9172.13 or Zoning Boundary Adjustments adopted pursuant to CMC § 9172.24. (Amendments to zoning map: Ord. 78-421; Ord. 78-422; Ord. 78-425; Ord. 78-439; Ord. 78-456; Ord. 78-457; Ord. 79-465; Ord. 79-472; Ord. 79-476; Ord. 80-537; Ord. 80-538; Ord. 81-556; Ord. 82-604; Ord. 83-651; Ord. 86-734; Ord. 86-748; Ord. 86-753; Ord. 86-756; Ord. 86-757; Ord. 86-758; Ord. 86-759; Ord. 87-795; Ord. 87-811; Ord. 88-826; Ord. 88-827; Ord. 88-838; Ord. 88-839; Ord. 88-845; Ord. 88-846; Ord. 89-865; Ord. 89-866; Ord. 89-879; Ord. 90-914; Ord. 90-923; Ord. 90-927; Ord. 91-937; Ord. 91-950; Ord. 91-951; Ord. 91-953; Ord. 92-971; Ord. 94-1033; Ord. 94-1040; Ord. 97-1125; Ord. 99-1171; Ord. 00-1195; Ord. 00-1205; Ord. 02-1240; Ord. 02-1242; Ord. 02-1247; Ord. 02-1252; Ord. 03-1285; Ord. 04-1305, § 2; Ord. 05-1331, § 2; Ord. 05-1336, § 2; Ord. 05-1338, § 6; Ord. 06-1341, § 18; Ord. 06-1350, § 7; Ord. 06-1353, § 10; Ord. 06-1364, § 8; Ord. 06-1369, § 8; Ord. 07-1370, § 9; Ord. 07-1391, § 7; Ord. 07-1393, § 9; Ord. 07-1395, § 8; Ord. 08-1406, § 8; Ord. 08-1407, § 7; Ord. 10-1441, § 6; Ord. 11-1463, § 6; Ord. 11-1466, § 6; Ord. 12-1493, § 1; Ord. 12-1501, § 1; Ord. 12-1503, § 1; Ord. 13-1521, § 8; Ord. 13-1531, § 8; Ord. 16-1582, § 8; Ord. 17-1608, § 2; Ord. 17-1610, § 2; Ord. 17-1614, § 2; Ord. 20-2003, § 5; Ord. 20-2013, § 3; Ord. 22-2220, § 4; Ord. 22-2221, § 4; Ord. 24-2405, § 4; Ord. 24-2408, § 4)
§ 9114.2 Interpretation of Zoning Map.
In determining the precise location of zoning boundaries as shown on the Zoning Map, the following rules shall be followed, with precedence given to the rules in the order listed:
A.
Where properties on opposite sides of a freeway, railroad, street, alley, walkway or flood control easement or right-of-way are in different zoning classifications, the zoning boundary shall be considered to be the centerline of such right-of-way or easement unless otherwise clearly indicated. The centerline shall be considered to be the line which would become the property line in the event the right-of-way or easement were vacated.
B.
Where the zoning boundary appears to be in the approximate location of a property line, the zoning boundary shall be considered to coincide with the property line unless otherwise clearly indicated.
C.
The location of a zoning boundary shall be determined by scaling from the nearest reference points shown on the Zoning Map.
D.
Where any area shown on the Zoning Map is without a zoning designation, such area shall be deemed to be classified in the RS Zone.
(Ord. 80-532 § 1)
§ 9121.1 Uses Permitted.
Uses are permitted in the residential zones as indicated in the following table:
USES PERMITTED IN RESIDENTIAL ZONES | |
|---|---|
Legend | |
X. | Automatically permitted use. |
L. | Automatically permitted use provided special limitations and requirements are satisfied as noted herein or in Division 8 of this Part. |
D. | Use permitted subject to approval of the Director. |
LD. | Use permitted provided special limitations and requirements are satisfied as noted herein or in Division 8 of this Part, and subject to approval of the Director. |
C. | Use permitted upon approval of a conditional use permit. |
CC. | Use permitted upon approval of the City Council as prescribed under other provisions of the Carson Municipal Code. |
All residential projects that include affordable and/or senior citizen households, as defined in CMC § 9126.91, shall be subject to the requirements contained in CMC § 9172.23 (Site Plan and Design Review) except temporary uses set forth in this Section. | |
ZONES | |||
|---|---|---|---|
RA | RS | RM | |
Permanent Residential Uses: | |||
Single-family dwellings on lots 50 feet wide or greater. | X | X | X |
Single-family dwellings on lots less than 50 feet wide are subject to CMC § 9126.9 and § 9172.23. | L | L | L |
Second primary unit, subject to CMC § 9128.81 through § 9128.88. | L | ||
Two (2) unit development, subject to CMC § 9128.81 through § 9128.88. | L | ||
Mobile home (provided the mobile home is certified under the National Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.) and is located on a permanent foundation system pursuant to Section 18551 of the California Health and Safety Code. The Director shall ensure roofing material, roof overhang, and siding material will be architecturally compatible with surrounding residences.). | L | L | L |
Accessory dwelling units and junior accessory dwelling units. (See CMC § 9122.1.) | L | L | L |
Multiple-family dwellings on lots 50 feet wide or greater. (See CMC § 9123.1 and § 9128.51 – 9128.55.) | C | ||
Multiple-family dwellings on lots less than 50 feet wide are subject to CMC § 9126.9, § 9172.23, § 9123.1 and § 9128.51 – 9128.55. | C | ||
Residential condominium. (See CMC § 9123.1 and § 9128.11 – 9128.17.) Residential stock cooperatives. | C | ||
Mobile home park. (See CMC § 9123.1 and § 9128.2.) | C | C | C |
Group quarters for members of a religious order (convent, rectory, monastery, etc.). | X | ||
Boarding or rooming house, fraternity or sorority house, dormitory and similar group quarters. (See CMC § 9123.1.) | C | ||
Small family home community care facility. | X | X | X |
Community residential care facility other than a small family home; community day care facility. (See CMC § 9123.1.) | C | ||
Single-room occupancy (SRO) housing. (See CMC § 9128.7.) | L | ||
Supportive housing. | X | X | X |
Transitional housing. | X | X | X |
Permanent Nonresidential Uses: | |||
Public, elementary or secondary school. | X | X | X |
Private elementary or secondary school. (See CMC § 9123.1.) | C | ||
Church, temple or other place of religious worship: | |||
Located on an arterial street. | X | ||
Located on a collector street. | C | ||
Cultivation of plants including nursery, orchard, vineyard, field crops, flowers, greenhouses, lathhouses, etc. (no mushroom farms, no retail sales). | X | ||
Archaeological dig, provided the Director determines there is a reasonable prospect that significant scientific, cultural or historical information will be obtained from the site. | D | D | D |
Electric distribution substation, pumping station, water well, water reservoir. (See CMC § 9123.1.) | C | C | C |
Automobile parking lot. (See CMC § 9123.1.) | C | ||
Automobile parking structure for a large-scale multifamily development or serving a church, temple, or other place of religious worship where the lot is adjacent to an arterial street. (See CMC § 9123.1.) | C | ||
Access to other property lawfully used for purposes not permitted on subject property, provided the Director finds no available alternative access is preferable and the residential character of the area will not be adversely affected. | D | D | D |
Oil wells. (See CMC § 9500 – 9537, Oil and Gas Code.) | |||
Temporary Uses: | |||
Mobile home occupied by the owner of the premises during construction of a dwelling, for a period not exceeding 6 months. The Director may approve time extensions of up to 6 months each provided he finds construction is proceeding in good faith. | L | L | L |
Mobile home occupied by the owner of the premises as a replacement for a dwelling damaged or destroyed by a major disaster so declared by the Governor of California. Such use is limited to a period of 1 year or until a permanent dwelling is occupied, whichever is less. The Director may approve a time extension of up to 1 year provided he finds reconstruction is proceeding in good faith. | L | L | L |
Contractor's office and/or storage of construction materials and equipment at a construction site, during the period of construction and not to exceed 60 days thereafter. In the event construction is suspended for a period of 6 months, such use and material shall be terminated and removed. | L | L | L |
Real estate tract office, limited to the sale of property in the tract where such office is located, for a period not exceeding 2 years. The Director may approve a time extension of up to 1 year if sales are proceeding in good faith. | L | L | L |
Subdivisional directional sign. (See CMC § 9128.31 – 9128.35.) | LD | LD | LD |
Carnival, mechanical rides, pony rides, and similar uses. (See CMC § 63119 and § 63119.1.) | CC | CC | CC |
Tent revival. | CC | CC | CC |
Fireworks stand. (See CMC § 3101.0 through § 3101.10.) | CC | ||
Wireless Telecommunications Facilities: | |||
Major wireless telecommunications facilities, subject to the requirement of CMC § 9138.16. | C | C | C |
Any person, firm or corporation violating any provision of this Section shall be guilty of an infraction and shall be punishable as provided in Chapter 2 of Article I.
(Ord. 89-889 § 1; Added by Ord. 81-566 § 3; Ord. 22-2211 § 3; Ord. 22-2210 § 4; Ord. 16-1590, Exh. B (§ 2); Ord. 13-1525 § 1; Ord. 09-1426 § 2; Ord. 03-1284 § 1; Ord. 01-1225 § 2; Ord. 95-1079, Exh. A; Ord. 92-972 § 1; Ord. 86-765U § 1; Ord. 85-720 § 1; Ord. 84-700 § 1; Ord. 82-602 § 1; Ord. 81-585 § 1; Ord. 80-532 §§ 2, 3; Ord. 79-479 § 6)
§ 9121.12 Uses Permitted on Organic Refuse Landfill Sites.
A.
No use, except as hereinafter provided, shall be permitted on property designated as ORL (Organic Refuse Landfill) without the approval of a conditional use permit by both the Commission and the Council. Such conditional use permit shall require, as a condition precedent to use of the property under the conditional use permit, approval by the Building and Safety Division and the Council of a report submitted by the applicant pursuant to the provisions of the Building Code, prepared by a licensed civil engineer designated by the applicant and approved by the City, which shall provide and include plans for a protective system or systems designated to eliminate or mitigate the potential hazards and environmental risks associated with the proposed use. Approval of such report by the Building and Safety Division shall be in the discretion of the Building Official, who shall evaluate any risks and hazards associated with the site and proposed use, and who may grant approval only if he finds that the report and plans adequately provide for protection against such associated risks and hazards. The Building Official's approval shall be submitted to the Council for final approval which will be in the discretion of the Council.
The following uses are exempt from the provisions of this Section:
1.
Uses which do not involve buildings or structures, including but not limited to outdoor storage, display and outdoor recreational facilities.
2.
Construction of structures which are unoccupiable, such as signs, flagpoles, walls, fences and towers, but not including storage tanks.
3.
Paving of no more than twenty (20) percent of the site.
4.
Repair or minor alterations to existing structures which do not increase floor area.
B.
An application for a conditional use permit required by subsection A shall be considered in accordance with CMC § 9172.21, except that the Commission's decision shall be referred to the Council for review as if an appeal had been filed pursuant to CMC § 9173.4.
C.
Every conditional use permit for a use located on property designated as ORL (Organic Refuse Landfill) shall be subject to the following conditions in addition to any other conditions that the Commission or the Council may impose:
1.
Approval by the Building Official of the report provided for in subsection A of this Section.
2.
The applicant shall comply with a development schedule approved by the Community Development Director.
3.
All measures to eliminate or mitigate the hazards and environmental risks associated with the site proposed in the report approved by the Building Official provided for in subsection A of this Section shall be subject to approval by the Council and shall be incorporated into the project. Such measures shall include monitoring, evaluation and control of methane gas produced by the site as the City shall determine to be necessary to protect the public health, safety or welfare with respect to the production or migration of methane gas.
4.
Monitoring and regular inspections and reports by a licensed civil engineer designated by the applicant and monitored, evaluated and approved by the Building Official shall be done and filed with the City from time to time as directed by the Building Official at the applicant's cost.
5.
The mitigation measures required by subsection (C)(3) shall be implemented to the satisfaction of the Building Official and City Council. In the event that the Building Official or Council finds that such measures when implemented are inadequate to protect the public health, safety, or welfare, the Building Official or Council may (1) require additional mitigation measures to be incorporated into the project, or (2) after notice to the applicant and an opportunity to be heard, declare the conditional use permit null and void if the Council finds that the public health, safety or welfare cannot be adequately protected to the satisfaction of the Council.
6.
Adequate measures shall be taken to eliminate odors from the site to the satisfaction of the Building Official.
7.
The applicant shall, at the applicant's own expense, carry public liability insurance during the existence of the conditional use permit, with a company and policy to be approved by the City Attorney, covering liability for injuries or death arising out of or in connection with the use of the site pursuant to said permit in an amount not less than $5,000,000. The City shall be named as an additional assured under such insurance policy.
D.
Whenever both subsection A and any other section of this Chapter require a conditional use permit for a particular property, only one (1) conditional use permit shall be required, which shall be applied for, processed and considered pursuant to the provisions of subsection B of this Section. The application and conditional use permit, if approved, shall refer to both sections which are applicable.
E.
Subsection A of this Section shall not apply to the following:
1.
Any lawfully established existing use.
2.
An expansion of an existing, lawfully established use on a lot on which such existing use was approved provided that the existence of an organic refuse landfill in such lot is shown by the record to have been considered by the granting body in connection with the approval of such existing use.
3.
Any proposed use for which a conditional use permit requiring approval of methane gas control measures by the Council either (1) has been granted, or (2) has been applied for and is being processed on the effective date of this Section; provided, that subsection A shall apply if such conditional use permit which has been granted expires, is declared to be null and void or is otherwise terminated or if such conditional use permit for which an application is being processed is thereafter denied.
(Ord. 78-449; Ord. 79-471; Ord. 81-560 § 1; Ord. 82-586 § 1; Ord. 16-1590, Exh. B (§ 3))
§ 9121.2 Interpretation of Uses Permitted.
Further definition and enumeration of uses permitted in the various residential zones shall be determined by means of interpretation in accordance with CMC § 9172.24.
§ 9121.3 Prohibited Uses.
All uses are prohibited except as expressly permitted by the provisions of this Chapter.
§ 9122.1 Accessory Dwelling Units.
A.
Purpose and Intent. The purpose of this Section is to comply with Government Code Sections 65852.2 and 65852.22, which set standards for the development of accessory dwelling units and junior accessory dwelling units, and to implement the General Plan Housing Element, by increasing the supply of smaller and affordable housing units while ensuring that they remain compatible with existing neighborhoods.
B.
Conformance. An accessory dwelling unit or junior accessory dwelling unit that conforms to the requirements in this Section, subject to the Director's determination, shall not be:
1.
Deemed to be inconsistent with the General Plan or zoning district designation for the lot on which the accessory dwelling unit or junior accessory dwelling unit is located; or
2.
Deemed to exceed the allowable density for the lot on which the accessory dwelling unit or junior accessory dwelling unit is located.
C.
Permitting Procedures.
1.
Any application for an accessory dwelling unit or junior accessory dwelling unit that meets the requirements of this Section shall be approved ministerially without discretionary review or public hearing.
2.
Applications for accessory dwelling units and junior accessory dwelling units shall be processed within sixty (60) days from the date the City receives a complete application if there is an existing single-family or multifamily dwelling on the lot. If the application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the City may delay acting on the application for the accessory dwelling unit or the junior accessory dwelling unit until the City acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the sixty (60) day time period shall be tolled for the period of the delay.
3.
Approval of a permit for the creation of an accessory dwelling unit or junior accessory dwelling unit shall not be conditioned on the correction of nonconforming conditions on the subject property. However, this does not prevent the City from enforcing compliance with applicable building standards in accordance with California Health and Safety Code Section 17980.12.
D.
Maximum Number of Units Allowed. The following is the maximum number of accessory dwelling units and/or junior accessory dwelling units allowed on any lot. Unless specified below, only one (1) category may be used per lot.
1.
ADU or JADU Within Proposed or Existing Single-Unit Dwelling or Accessory Structure. One (1) accessory dwelling unit and one (1) junior accessory dwelling unit are permitted on a lot with one (1) or more proposed or existing single-unit dwellings, if all of the following apply:
a.
Either:
i.
The accessory dwelling unit or junior accessory dwelling unit is proposed within the space of a proposed or existing single-unit dwelling (including an attached garage); or
ii.
The accessory dwelling unit is proposed within the space of an existing accessory structure, plus an addition beyond the physical dimensions of the accessory structure of up to one hundred fifty (150) square feet. Further additions may also be made to the structure so long as the total size of the structure does not exceed the maximum size for a new-construction detached accessory dwelling unit that would otherwise be allowed on the same lot.
b.
The accessory dwelling unit or junior accessory dwelling unit will have independent exterior access from the single-unit dwelling.
c.
Side and rear setbacks comply with applicable provisions of Article III (Public Safety) and Article VIII (Building Regulations – Sewage and Waste) of this Code.
d.
The junior accessory dwelling unit complies with the requirements in Government Code Section 65852.22.
2.
Detached/Attached ADU on Lot With Single-Unit Dwelling. One (1) detached or one (1) attached, new construction accessory dwelling unit is permitted on a lot with one (1) or more proposed or existing single-unit dwellings. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in subsection (D)(1) of this Section.
3.
Conversion of Existing Multi-Unit Dwelling. Multiple accessory dwelling units are permitted on lots with existing multi-unit dwellings subject to the following:
a.
The number of accessory dwelling units shall not exceed twenty-five (25) percent of the existing multi-unit dwellings on the lot. To calculate the number of allowable accessory dwelling units, the following shall apply:
i.
Fractions shall be rounded down to the next lower number of dwelling units, except that at least one (1) accessory dwelling unit shall be allowed; and
ii.
For the purposes of this Section, multi-unit developments approved and built as a single complex shall be considered one (1) lot, regardless of the number of parcels.
b.
The portion of the existing multi-unit dwelling that is to be converted is not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages. However, amenities within common areas such as recreation rooms, outdoor space or any space previously designed to meet common area requirements shall not be converted to accessory dwelling units.
4.
Detached ADU on Multi-Unit Lot. Up to two (2) detached, new construction accessory dwelling units are be permitted on a lot that has an existing multi-unit dwelling. For the purposes of this Section, multi-unit developments approved and built as a single complex shall be considered one (1) lot, regardless of the number of parcels.
5.
Notwithstanding any other provision in this Section, the number of accessory dwelling units and junior accessory dwelling units permitted on a parcel that was created through an urban lot split shall be limited as described in Section 9210.7.
E.
Development Standards. Except as modified by this subsection, accessory dwelling units and junior accessory dwelling units shall conform to all requirements of the underlying residential zoning district, any applicable overlay district, and all other applicable provisions of Article IX (Planning and Zoning), including but not limited to height, setback, site coverage, and residential development standards and design criteria.
1.
Minimum Lot Area. There shall be no minimum lot area required to establish an accessory dwelling unit and/or junior accessory dwelling unit.
2.
Setback Requirements. Accessory dwelling units and junior accessory dwelling units shall comply with the setback requirements applicable to the zoning district, except as noted below:
a.
For conversion of existing enclosed floor area, garage, or carport, no additional setback is required, beyond the existing provided setback.
b.
For replacement of an existing enclosed structure, garage, or carport, no setback is required beyond the existing setback. This provision shall only apply to accessory dwelling units and junior accessory dwelling units that are replacing existing structures within the same footprint and do not exceed the existing structure's dimensions.
c.
Newly constructed accessory dwelling units shall provide a minimum setback of four (4) feet from all side property lines and rear property lines.
3.
Building Height. Detached accessory dwelling units shall not exceed one (1) story and a height of sixteen (16) feet. Notwithstanding the foregoing, an accessory dwelling unit constructed above a detached garage shall not exceed two (2) stories (garage with one (1) story above) and the maximum allowable height of the underlying zoning district.
4.
Unit Size.
a.
The maximum size of a detached accessory dwelling unit is one thousand two hundred (1,200) square feet.
b.
The maximum size of an attached accessory dwelling unit is eight hundred fifty (850) square feet for a studio or one (1) bedroom unit and one thousand (1,000) square feet for a unit with more than one (1) bedroom, or fifty (50) percent of the floor area of the existing primary dwelling, whichever is smaller.
c.
The size limitations set forth in subsections (E)(4)(a) and (E)(4)(b) of this Section shall not apply to accessory dwelling units that are converted as part of a proposed or existing space of a principal residence or existing accessory structure.
d.
Application of other development standards may further limit the size of the accessory dwelling unit beyond the limits established in subsection (E)(4)(a) of this Section, but in no case shall open space, site coverage, or floor area ratio requirements, including the requirement in subsection (E)(4)(b) of this Section, reduce the permitted size of a detached or attached accessory dwelling unit to less than eight hundred (800) square feet.
e.
The maximum size of a junior accessory dwelling unit shall be five hundred (500) square feet.
f.
The minimum size of an accessory dwelling unit or junior accessory dwelling unit shall be at least that of an efficiency unit, as defined in Health and Safety Code Section 17958.1.
5.
Design. Accessory dwelling units and junior accessory dwelling units shall be similar to the principal dwelling with respect to architectural style, roof pitch, color, and materials.
6.
Required Facilities.
a.
Accessory dwelling units shall include complete independent living facilities for one (1) or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation, including a kitchen and bathroom.
b.
Junior accessory dwelling units shall include living facilities for one (1) or more persons, including permanent provisions for living, sleeping, eating, and cooking, including an efficiency kitchen, as defined in Government Code Section 65852.22(a), as may be amended. Junior accessory dwelling units may include separate sanitation facilities or may share sanitation facilities with the primary residence.
7.
Fire Sprinklers. Accessory dwelling units and junior accessory dwelling units shall not require fire sprinklers if fire sprinklers are not required for the principal residence.
8.
Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit or junior accessory dwelling unit. For the purposes of this Section, "passageway" means a pathway that is unobstructed clear to the sky and extends from the street to one (1) entrance of the accessory dwelling unit.
9.
Parking. Parking shall comply with the requirements of Section 9162.21 (Parking Spaces Required) except as modified below:
a.
No additional parking shall be required for junior accessory dwelling units.
b.
A maximum of one (1) parking space shall be required for each accessory dwelling unit.
c.
When additional parking is required, the parking may be provided as tandem parking and/or located on an existing driveway; however, in no case shall parking be allowed in a rear setback abutting an alley or within the front setback, unless the driveway in the front setback has a minimum depth of twenty (20) feet.
d.
No additional parking shall be required for:
i.
Accessory dwelling units that are part of the proposed or existing principal residence or accessory structure;
ii.
Accessory dwelling units located within one-half (1/2) mile walking distance of public transit. For the purposes of this Section, "public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public;
iii.
Accessory dwelling units located within an architecturally and historically significant historic district;
iv.
When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit; or
v.
When there is a car-share vehicle located within one (1) block of the accessory dwelling unit.
e.
No Replacement Parking Necessary for ADUs. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit at the same location or converted to an accessory dwelling unit, those off-street parking spaces are not required to be replaced. However, off-street parking spaces shall be replaced when a garage, carport, or covered parking structure is demolished in conjunction with the construction of a junior accessory dwelling unit or is converted to a junior accessory dwelling unit.
10.
Separate Entrance. Junior accessory dwelling units and accessory dwelling units located within a primary residence or attached to a primary residence shall include an entrance that is separate from the main entrance to the primary residence.
F.
Utility Connection Required. All accessory dwelling units and junior accessory dwelling units shall connect to public utilities (or their equivalent), including water, electric, and sewer services. The City shall not require a separate utility connection between an accessory dwelling unit or junior accessory dwelling unit and the utility, or impose a related connection fee or capacity charge, for units located entirely within a primary dwelling, unless the accessory dwelling unit or junior accessory dwelling unit was constructed with a new single-family home.
G.
Additional Requirements for All Accessory Dwelling Units and Junior Accessory Dwelling Units.
1.
No Separate Conveyance. An accessory dwelling unit or junior accessory dwelling unit may be rented, but, except as provided in Government Code Section 65852.26, no accessory dwelling unit or junior accessory dwelling unit may be sold or otherwise conveyed separately from the lot and the principal dwelling (in the case of a single-unit dwelling) or from the lot and all the dwellings (in the case of a multi-unit dwelling).
2.
Short-Term Lodging. Accessory dwelling units and junior accessory dwelling units shall not be rented for periods of thirty (30) days or less.
3.
Owner Occupancy for Junior Accessory Dwelling Units. A natural person with legal or equitable title to the lot must reside in either the principal dwelling unit or the junior accessory dwelling unit as the person's legal domicile and permanent residence. However, this owner occupancy requirement shall not apply to any junior accessory dwelling unit owned by a governmental agency, land trust, or housing organization.
H.
Deed Restriction and Recordation Required. Prior to the issuance of a building and/or grading permit for an accessory dwelling unit or junior accessory dwelling unit, the property owner shall execute a deed restriction, the form and content of which is satisfactory to the City Attorney. The City will record the deed restriction on the property with the County Recorder's Office, and the property owner shall pay all recording costs. The deed restriction shall notify future owners of the prohibition on separate conveyance, the restriction on short-term rentals, the approved size and attributes of the unit, and the owner occupancy requirements, if applicable. For junior accessory dwelling units, the deed restriction shall also include a restriction on the size and attributes of the unit that conforms with Government Code Section 65852.22. The deed restriction shall run with the land and remain in effect so long as the accessory dwelling unit and/or junior accessory dwelling unit exists on the lot.
I.
Historic Resources. Accessory dwelling units and junior accessory dwelling units proposed on residential or mixed-use properties that are determined to be historic shall be approved ministerially, in conformance with California Government Code Sections 65852.2 and 65852.22. However, any accessory dwelling unit or junior accessory dwelling unit that is listed on the California Register of Historic Resources shall meet all Secretary of the Interior Standards, as applicable.
(Ord. 22-2211 § 4)
§ 9122.2 Outbuildings and Outdoor Uses.
Accessory structures (outdoor buildings) shall not exceed five hundred (500) square feet of lot coverage. Accessory structures (outdoor buildings) exceeding five hundred (500) square feet of lot coverage shall be subject to a conditional use permit. This Section does not apply to accessory dwelling units.
(Ord. 22-2211 § 5)
§ 9122.3 Animal Keeping.
(See also Animal Control Ordinance: Chapter 3 of Article III of the Carson Municipal Code)
The occupants of each dwelling unit or group quarters are permitted to keep only the following types of animals, for their personal use only, with the number of animals limited as indicated:
Cats and dogs, but not more than a total, in any combination of three (3) such animals over four (4) months of age.
Any number of tropical fish (no caribe).
Not more than 20 white mice and rats.
Not more than a total of three (3) of the following, in any combination:
Canaries |
Chinchillas |
Chipmunks |
Finches |
Gopher snakes |
Guinea pigs |
Hamsters |
Hawks |
King snakes |
Marmoset monkeys |
Mynah birds |
Parrots, parakeets, amazons, cockatiels, cockatoos, lories, lorikeets, lovebirds, macaws, and similar birds of the psittacine family |
Pigeons |
Rabbits |
Ravens |
Squirrel monkeys |
Steppe legal eagles |
Swans |
Toucans |
Turtles |
White doves |
Other similar animals, subject to the same numerical limitations, which are neither more obnoxious nor detrimental to the public welfare than the animals listed, shall be permitted. Large animals or livestock such as horses, cows, sheep, goats, pigs, hogs and fowl such as chickens, turkeys, peacocks, guineas, geese and ducks, are not permitted. (Interpretation of this provision to be in accordance with CMC § 9172.24.)
Any person, firm or corporation violating any provision of this Section shall be guilty of an infraction and shall be punishable as provided in Chapter 2 of Article I of this Code.
(Ord. 79-479 § 6)
§ 9122.4 Home Occupation.
Subject to the provisions of CMC § 9128.4, home occupations may be conducted by the occupants of a dwelling as such term is defined in CMC § 9191.202.
Any person, firm or corporation violating any provision of this Section shall be guilty of an infraction and shall be punishable as provided in Chapter 2 of Article I of this Code.
(Ord. 11-1479 § 4; Ord. 88-836 § 1; Ord. 79-479 § 6)
§ 9122.5 Child Day Care.
Day care for children may be provided as an accessory use in connection with each dwelling unit, subject to the following limits:
Single-family dwelling: not more than six (6) children exclusive of the children of the resident family; with an assistant caregiver present, not more than twelve (12) children, including children of the resident family and of the assistant caregiver.
Multiple dwelling unit: not more than three (3) children including children of the resident family.
(Ord. 82-594 § 1)
§ 9122.6 Sale of Produce in RA Zone.
In connection with a permitted agricultural use in the RA Zone, wholesale trade (but no retail sales) of the products raised on the premises may be conducted. No advertising signs are permitted.
§ 9122.7 Motor Vehicle Repair and Service.
Minor repair and service of a motor vehicle as defined in CMC § 9191.406 is permitted as an accessory use in conjunction with a dwelling unit, subject to the following limitations:
A.
All minor repair and service activities, as defined in CMC § 9138.11(A)(4), and minor upholstery repair may be performed on a motor vehicle if conducted within an enclosed garage or in any carport, side or rear yard which is screened from public view.
B.
Minor repair and service activities performed on a driveway, in a carport, or other legally paved surface on private property, and visible from the public right-of-way, shall be limited to the following:
1.
Washing, cleaning, and polishing of a motor vehicle.
2.
Adding or changing fluids such as brake fluid, window washing fluid, oil, water, etc.
3.
Changing or replacing wiper blades, head/tail lamps, fuses, flat tires, timing, spark plugs, radiator cap, filters, brakes, and batteries and similar activities.
All minor repairs and services may only be performed on motor vehicles owned by and registered to the occupants of the dwelling or their invitees. |
No repair or service work shall involve repetitive testing of an operating engine. |
Not more than one (1) motor vehicle, as viewed from a public right-of-way, may be repaired at any one (1) point in time. |
No repair or service work shall be performed on any motor vehicle where such work results in any loud, unusual or penetrating noise which is disturbing, obnoxious, discomforting, or annoying to a reasonable person of normal sensitiveness residing in the area. |
(Added by Ord. 93-1017 § 1)
§ 9122.8 Reserved.
Repealed by Ord. 22-2211.
(Ord. 03-1290 § 1)
§ 9122.9 Sex Offender Residency Restrictions.
Permanent and temporary residence for a sex offender is permitted as an accessory use to a mobilehome or dwelling subject to the provisions of Chapter 15 of Article IV and CMC § 9182.31.
(Ord. 08-1413 § 2; Ord. 08-1414U § 3; Ord. 08-1413U § 2)
§ 9123.1 Conditional Use Criteria.
In addition to the general criteria for the approval of a Conditional Use Permit pursuant to CMC § 9172.21(D)(1), special criteria and limitations as indicated below shall be considered in acting upon a Conditional Use Permit in a residential zone:
Residential condominium; residential stock cooperative: | Ability to comply with the provisions of CMC § 9128.11 – 9128.17. |
Mobile home park: | Ability to comply with the provisions of CMC § 9128.2. |
Fraternity or sorority house, dormitory: | The location shall be conveniently accessible in relation to the college or other institution attended by residents. |
Community care facility, long-term health care facility: | The facility shall become licensed pursuant to Division 2 of the California Health and Safety Code or, if exempt from licensure, shall meet standards equivalent to those prescribed by State law for similar facilities. |
Private elementary or secondary school: | The site shall have frontage on an arterial street. |
Electric distribution substation, pumping station, water well, water reservoir: | The facility shall be necessary for the safe or efficient functioning of a public utility system. |
The location in a residential zone shall be necessary to serve the residential uses in the vicinity and no suitable alternate location shall be available in a nonresidential zone. | |
Automobile parking lot: | Pedestrian and vehicular access to such a lot shall be other than through an existing or potential residential area unless the use of the lot is restricted to serving adjacent residential uses or uses directly related to nearby residential uses. |
The parking lot shall be within four hundred (400) feet walking distance from the principal use which it serves. | |
Automobile parking structure: | The parking structure shall be located on the same lot as the large-scale multifamily development or church, temple, or other place of religious worship. |
Multiple-family dwelling: | Ability to comply with the provisions of CMC § 9128.51 – 9128.55. |
(Ord. 16-1590, Exh. B (§ 4); Ord. 09-1426 § 3; Ord. 95-1079, Exh. A; Ord. 85-720 §§ 2, 3; Ord. 84-700 § 2)
§ 9124.1 Dwelling Units.
Where no density designation (see CMC § 9113.3) is included with the zoning symbol on the Zoning Map, one (1) dwelling unit is permitted on each lot, with the exception of accessory dwelling units and junior accessory dwelling units, as discussed in CMC § 9122.1, and second primary units and two-unit developments, as discussed in CMC § 9128.81 through § 9128.88. (For example, the zoning symbols "RA" and "RS" mean one (1) single-family dwelling is permitted on each lawfully established lot.)
Where a density designation (see CMC § 9113.3) is included with the zoning symbol on the Zoning Map, the maximum number of dwelling units permitted on a lot or project area is the net lot area in acres multiplied by the density designation number. At least one (1) dwelling unit is permitted on each lawfully established lot. Any fractional amount equal to or greater than one-half (1/2) in the result shall permit an additional dwelling unit. (For example, the zoning symbol "RM-18" permits eighteen (18) dwelling units per net acre. On a 1.2 acre site, 1.2 x 18 = 21.6 or 22 dwelling units are permitted.) No density greater than twenty-five (25) dwelling units per net acre shall be permitted.
(Ord. 22-2210 § 5; Ord. 81-561 § 1)
§ 9125.2 Minimum Lot Area.
With the exception of a lot created by an urban lot split (see CMC § 9210.1 et seq.), no lot shall be created which has a net area less than five thousand (5,000) square feet, or, if a density designation applies, such larger area as may be required to permit one (1) dwelling unit.[1]
Any existing lawfully established lot is deemed to have the required lot area.
No lot shall be reduced to less than the required lot area, except a portion of a lot may be acquired for public purposes provided the remainder is not less than eighty (80) percent of the required lot area or four thousand (4,000) square feet, whichever is greater.
(Ord. 22-2210 § 6)
[1]
See special requirement for mobile home parks in CMC § 9128.2.
§ 9125.3 Street Frontage and Access.
No lot shall be created unless it is capable of being provided with vehicular access directly from a public street or alley. With the exception of a lot created by an urban lot split (see CMC § 9210.1 et seq.), the street frontage shall be at least fifty (50) feet, except that for a lot with frontage on a cul-de-sac the frontage shall be at least forty (40) feet.
A new or additional use (other than a replacement for an existing dwelling accidentally destroyed) shall not be developed on an existing lot unless there is vehicular access from a public street or alley as required per CMC § 9162.8(c). The required vehicular access shall be either directly from a public street or alley or by means of a right-of-way on access.
(Ord. 22-2210 § 7; Ord. 89-868 § 1; Ord. 79-460 § 1)
§ 9125.4 Minimum Lot Width.
No lot shall be created unless it has a width of at least fifty (50) feet for an interior lot or fifty-five (55) feet for a corner lot.
Any existing lawfully established lot is deemed to have the required width.
No lot shall be reduced to less than the required width, except a portion of a lot may be acquired for public purposes provided the lot width of the remainder is not less than forty (40) feet.
This Section does not apply to lots created through an urban lot split.
(Ord. 22-2210 § 8)
§ 9125.5 Repealed.
Repealed by Ord. 22-2211.
(Ord. 22-2204U § 9; Ord. 03-1290 § 2; Ord. 86-728 §§ 1, 2; Ord. 78-434)
§ 9125.6 Repealed.
Repealed by Ord. 22-2211.
(Ord. 03-1290 § 3)
§ 9126.12 Buildings and Structures - Height of Buildings and Structures.
No building or structure shall exceed a height of thirty (30) feet as measured from the average grade of the existing or proposed curb abutting the subject lot.
(Ord. 84-705 § 1)
§ 9126.21 Yards and Open Spaces - Ground Coverage.
In the RM Zone, the ground area included within the exterior walls and/or supporting columns of all roofed structures shall not exceed forty (40) percent of the net lot area, except when a parking structure or subterranean parking is proposed, the ground area shall not exceed seventy (70) percent of the net lot area.
(Ord. 09-1426 § 4)
§ 9126.22 Yards and Open Spaces - Future Rights-of-Way.
This Section is applicable only where portions of a lot are within areas planned to be part of future streets, alleys or public rights-of-way, as determined by the Director, and the acquisition of such portions would not reduce the lot area to less than eighty (80) percent of the required area or below four thousand (4,000) square feet, whichever is greater, and would not reduce the lot width below forty (40) feet.
In cases to which this Section is applicable, unless otherwise approved by the Commission, the portions of any lot within such future right-of-way areas shall not be occupied by structures other than those encroachments allowed in future right-of-way areas as provided in CMC § 9126.29. All other required setbacks, yards and open spaces shall be provided in addition to the future right-of-way areas, and the future right-of-way lines shall be considered to be lot lines for purposes of measuring such other setbacks, yards and open spaces.
§ 9126.221 Yards and Open Spaces - Parking Setback.
Any garage having its vehicular access facing a public street shall be set back at least twenty-five (25) feet from the street property line.
Any automobile parking space, carport or garage having its vehicular access facing an alley shall be set back at least twenty-six (26) feet from the opposite side of the alley.
§ 9126.23 Yards and Open Spaces - Front Yard.
Each residential lot shall have a front yard with a required depth of twenty (20) feet or twenty (20) percent of the lot depth, whichever is less.
A required front yard shall not be occupied except as provided in CMC § 9126.29 and § 9162.3.
(Ord. 90-917 § 1; Ord. 85-720 § 5; Ord. 84-705 § 2)
§ 9126.24 Yards and Open Spaces - Side Yards.
Each lot shall have a side yard width as follows:
Use | Minimum Side Yard Setback |
|---|---|
Single-Family Dwellings | 3 feet for lots smaller than thirty feet wide. 10 percent of the lot width for lots 30 to 50 feet wide. 5 feet for lots wider than 50 feet. |
Where the side of a lot abuts a street, the required side yard shall be twice the width required above. | |
Multiple-Family Dwellings and Residential Condominiums | 6 feet for lots smaller than 30 feet wide. 20 percent of the lot width for lots 30 to 50 feet wide. 10 feet for lots wider than 50 feet. |
Accessory Dwelling Units/Junior Accessory Dwelling Units | 4 feet, unless the unit is a conversion of an existing legal structure with a setback of less than 4 feet. (See CMC § 9122.1.) |
Second Primary Units and Two (2) Unit Developments | 4 feet, unless the unit is a conversion of an existing legal structure with a setback of less than 4 feet. (See CMC § 9128.84.) |
The above provisions may be waived, in connection with approval of a tract or parcel map, to permit the location of buildings at approximately one (1) inch from side lot lines provided compensating additional side yard space is provided on the opposite side of each lot and special noise absorbing walls are provided along the side lot line as specified in CMC § 9163.2.
Required side yards shall not be occupied except as provided in CMC § 9126.29.
(Ord. 22-2211 § 9; Ord. 85-720 § 6; Ord. 84-705 § 3)
§ 9126.25 Yards and Open Spaces - Rear Yard.
Each lot shall have a rear yard with a minimum depth of fifteen (15) feet or fifteen (15) percent of the lot depth, whichever is less, with the exception of accessory dwelling units, which shall be developed consistent with the standards in CMC § 9122.1, and second primary units and two (2) unit developments, which shall be developed consistent with the standards in CMC § 9128.84.
(Ord. 22-2211 § 10; Ord. 84-705 § 4)
§ 9126.26 Yards and Open Spaces - Passageway.
On each lot there shall be a passageway at least ten (10) feet in width extending from a street frontage to at least one (1) entrance to each dwelling unit and rooming unit, or where such units have access to a hallway within a building, the passageway shall extend to at least one (1) entrance to such hallway.
Passageway requirements for an accessory dwelling unit and junior accessory dwelling unit shall be consistent with the standards in CMC § 9122.1.
A required passageway shall not be occupied except as provided in CMC § 9126.29.
(Ord. 22-2211 § 11)
§ 9126.27 Yards and Open Spaces - Space Between Buildings.
The minimum spacing between single-family dwellings, or single-family dwellings and multiple-family dwellings, is the sum of the yard setbacks, depending upon orientation, as required by Division 6 of this Part.
The spacing between main residential buildings within multiple-family dwelling projects or residential condominium projects shall be at least ten (10) feet, except where a parking space is proposed therein, in which case there shall be at least fifteen (15) feet between main buildings. Where an individual unit fronts on an interior courtyard, the separation from an adjacent main residential building shall be a minimum of twenty (20) feet. When main residential buildings are proposed to be separated by less than twenty (20) feet, the buildings shall not have windows, balconies, or patios directly opposing each other except for windows which open into stairwells or are located within vaulted ceiling areas where the height of the bottom of the window is no less than six (6) feet from the floor. When a project is designed with windows, balconies or patios that are part of an individual unit and the separation between the buildings is less than fifteen (15) feet, the Commission shall evaluate the project to ensure that adequate light, air, ventilation and privacy of all the residential units is provided and may require additional spacing up to twenty (20) feet to ensure the provisions of these elements, and allow for separation of building masses and higher quality of design.
Between any combination of main residential building, recreation building or two (2) story accessory building, there shall be a separation of at least ten (10) feet.
Between a main residential building and any one (1) story accessory building, there shall be a separation of at least six (6) feet. Notwithstanding the foregoing, accessory dwelling units and junior accessory dwelling units shall be consistent with the standards in CMC § 9122.1.
A required space between buildings shall not be occupied except as provided in CMC § 9126.29.
(Ord. 22-2211 § 12; Ord. 92-977 § 1; Ord. 85-720 § 7; Ord. 84-705 § 5)
§ 9126.28 Yards and Open Spaces - Usable Open Space.
On each lot developed with single-family dwelling units, there shall be usable open space of at least one hundred thirty (130) square feet for each zero and one (1) bedroom unit and at least one hundred fifty (150) square feet for each two (2) or more bedroom unit.
In each condominium or multiple-family dwelling project, there shall be usable open space of at least thirty (30) percent of the net project areas for projects of one (1) acre or less, and at least forty (40) percent of the net project for projects greater than one (1) acre.
Required usable open space shall not be occupied except as provided in CMC § 9126.29.
(Ord. 85-720 § 8; Ord. 84-705 § 6)
§ 9126.29 Yards and Open Spaces - Encroachments.
Every part of a required yard or open space shall be open and unobstructed from finished grade or floor surface to the sky except for the facilities indicated by the following table.[1]
Any person, firm or corporation violating any provision of this Section shall be guilty of an infraction and shall be punishable as provided in Chapter 2 of Article I of this Code.
(Ord. 22-2211 § 13; Ord. 11-1479 § 6; Ord. 01-1227 § 1; Ord. 90-917 § 2; Ord. 79-479 § 6)
[1]
Editor's Note: The Encroachments table is included as an attachment to this title.
§ 9126.3 Other Site Development Standards - Fences, Walls and Hedges.
A fence, wall or hedge shall not exceed a height of six (6) feet above the finished grade at each point along the fence, wall or hedge. Where there is a difference between the grades on the two (2) sides of the fence, wall or hedge, the higher grade shall be used.
The height limitation of this Section shall not apply in any case where it is in conflict with any other City ordinance or State law or regulation.
§ 9126.4 Other Site Development Standards - Trash Areas.
Trash areas shall be provided in accordance with Division 4 of Part 6 of this Chapter.
§ 9126.41 Other Site Development Standards - Trash and Recycling Areas.
Trash and recycling areas shall be provided in accordance with Division 4 of Part 6 of this Chapter.
(Ord. 93-1013 § 1)
§ 9126.5 Other Site Development Standards - Repealed.
Repealed by Ord. 86-749.
§ 9126.6 Other Site Development Standards - Parking, Loading and Driveways.
The number and type of parking spaces required for each use shall be as provided in CMC § 9162.21.
Each parking space and loading area shall have driveway access from a public street or alley.
(See Division 2 of Part 6 of this Chapter for dimensions, improvement standards and other requirements for parking, loading areas and driveways.)
(Ord. 80-532 § 3)
§ 9126.7 Other Site Development Standards - Signs.
A.
Real Estate Advertising. Real estate advertising signs are permitted subject to the following:
1.
One (1) unlighted real estate sign is permitted, not to exceed three (3) square feet in area and four (4) feet in height if on a straight stake or stakes or six (6) square feet in area and six (6) feet in height if on a colonial post. Information may be printed on both sides of the sign, but it shall be restricted to the sale, lease or rental of the premises on which the sign is located.
2.
Such sign shall be situated not less than ten (10) feet from the inside line of the sidewalk, or if there is no sidewalk, from the property line, except if the building setback on such premises is less than ten (10) feet, such sign shall be situated not less than one-half (1/2) the setback from the inside line of the sidewalk or property line.
3.
Two (2) riders, not larger than six (6) by twenty-four (24) inches containing advertising matter pertinent to the premises, is permitted to be placed under the real estate advertising sign. Information may be printed on both sides of the riders.
4.
Real estate advertising signs shall be removed from the premises at the close of escrow.
5.
No more than five (5) lead-in signs, not to exceed four (4) square feet in area each, shall be permitted for new single or multi-unit developments. No such signs shall be permitted for existing developments.
6.
No more than four (4) real estate flags, pennants or banners, in any combination, shall be permitted per street frontage on single or multi-unit property being sold, leased or financed.
7.
On-Site Open House Signs. Open house signs placed on the property that is for sale are subject to the following regulations:
(a)
One (1) on-site open house sign, not to exceed three (3) square feet in area and not to exceed three (3) feet in height, shall be permitted.
(b)
Open house signs shall be placed on-site only during the hours that an open house is occurring at the property advertised, and at which the seller or his/her representative is present; provided, that on-site open house signs shall only be placed on-site on Saturdays, Sundays and Federal holidays between the hours of 10:00 a.m. and 6:00 p.m.
(c)
No open house signs shall be placed so as to obstruct pedestrians' and motorists' view of signs erected by a local, State, or Federal governmental agency, including but not limited to traffic signs, public directional signs, parking signs, and street address signs.
(d)
No open house signs shall be placed so as to obstruct or hinder sidewalk or street access by pedestrians and vehicles.
(e)
No open house signs shall be placed so as to obstruct ingress and egress to any public or private property.
(f)
Open house signs shall not be designed or constructed to cause undue distraction to motorists. For example, signs shall not be illuminated, either internally or externally, shall not have flashing lights, shall not have any moving parts, shall not generate any source sounds (including radio waves), and shall not release steam or smoke.
(g)
Open house signs shall be subject to any other reasonable restrictions, or modifications to the above restrictions, which the Community Development Director finds are necessary to further the purposes of this code, consistent with the type of sign or business.
8.
Off-Site Open House Signs. Open house signs on private property that is not the property for sale are subject to all of the following limitations:
(a)
Signs shall not be permanently affixed, but should be anchored or weighed down to prevent them from falling or being blown into the street or sidewalk.
(b)
The purpose of the sign is limited to indicating in which direction potential buyers or customers should proceed to locate the open house.
(c)
Off-site open house signs may only be placed on private property, subject to the property owner's permission.
(d)
Consistent with CMC § 9167.3(E) and § 5316, open house signs may not be placed in the public rights-of-way or be placed in, posted, or affixed to any public property or structures, which shall include, but not be limited to, City-owned or City-run facilities, including parking areas, sidewalks, public parks, medians, parkways, streets, utility poles, light or traffic light poles, traffic signs or traffic sign poles, or street trees.
(e)
No more than two (2) off-site open house signs per property for sale are permitted.
(f)
A distance of five hundred (500) feet or more is required between individual open house signs on the same street, which purpose is to direct persons to a particular address or property. This limitation does not apply to signs that pertain to different properties for sale.
(g)
The background sign area of an open house sign shall be no larger than three (3) square feet.
(h)
All open house signs shall not exceed three (3) feet in height, measured from the highest street grade in contact with the sign to the top of the sign.
(i)
No open house signs shall be placed so as to obstruct pedestrians' and motorists' view of signs erected by a local, State, or Federal governmental agency, including but not limited to traffic signs, public directional signs, parking signs, and street address signs.
(j)
No open house signs shall be placed so as to obstruct or hinder sidewalk or street access by pedestrians and vehicles.
(k)
No open house signs shall be placed so as to obstruct ingress and egress to any public or private property.
(l)
Open house signs shall be placed off site only during the hours that an open house is occurring at the property advertised on the sign, and at which the seller or his/her representative is present; provided, that open house signs for each property for sale shall only be placed off site on Saturdays, Sundays, and Federal holidays, between the hours of 10:00 a.m. and 6:00 p.m.
(m)
Open house signs shall not be designed or constructed to cause undue distraction to motorists. For example, signs shall not be illuminated, either internally or externally, shall not have flashing lights, shall not have any moving parts, shall not generate any source sounds (including radio waves), and shall not release steam or smoke.
(n)
Open house signs shall be subject to any other reasonable restrictions, or modifications to the above restrictions, which the Community Development Director finds are necessary to further the purposes of this code, consistent with the type of sign or business.
(o)
No off-site open house sign shall be erected prior to obtaining an open house sign permit. A permit must be obtained per property sold, and is valid for seven (7) days from the effective date of the permit. Permits will be issued by the Director upon request, and may be subject to a permit fee as determined by City Council resolution. No open house sign permit shall be construed to permit any violation of the provisions of this Section, or of any other applicable provision of the Carson Municipal Code.
9.
All on-site flags, pennants, banners, open house signs, and all lead-in signs shall be permitted only on Saturdays, Sundays, and Federal holidays, between the hours of 10:00 a.m. and 6:00 p.m.; provided, that a representative of the real estate firm or the property owner is present at all times while such signage is displayed.
10.
For condominium developments, only one (1) master post shall be permitted for all real estate advertising signs, open house signs, and riders. The height of the master post shall not exceed eight (8) feet.
11.
A placard not over two (2) square feet in area may be placed in the window of a residential building indicating a unit is available for sale, rent or lease.
12.
Except as provided for in subsection (A)(8) of this Section, no off-site real estate advertising or open house signs are permitted.
13.
Violations.
a.
Violations of this subsection (A) shall be subject to the following civil fines within a calendar year: (a) $50.00 for the first violation; (b) $75.00 for the second violation; and (c) $100.00 for the third and any subsequent violation.
b.
Fines shall be payable within thirty (30) days of issuance. Late payment shall incur a late penalty equal to the amount of the fine. The failure of any person, within sixty (60) days of the date of issuance of a fine, to pay the fine and any applicable late penalty, may result in the matter being referred to the Director of Finance to file a claim with the small claims court. Alternatively, the City may pursue any other legal remedy to collect the civil fines. The City may also recover its collections costs according to proof.
c.
Violations shall be recorded by realtor office address, rather than by individual property for sale; provided, that if the property is being sold by its owner, the violations shall be recorded against the property that is for sale.
d.
The remedies provided in this Section are in addition to any other remedies and penalties that may be available under the Carson Municipal Code and the laws of the State of California.
B.
Identification Sign. For each multiple dwelling or rooming house, or permitted agricultural use in the RA Zone, one (1) unlighted sign not exceeding six (6) square feet in area and four (4) feet in any dimension may be placed on the wall of the building providing it does not extend above or out from the front wall and indicates only the name and address of the premises.
C.
Nonresidential Uses. Identification signs for nonresidential uses may be erected subject to the following:
1.
Not more than two (2) sign structures shall be permitted on a lot, except the Director may approve additional signs if he finds there are more than two (2) separate nonresidential uses on the same lot, the location of not more than two (2) sign structures would constitute an unnecessary hardship on the property owner, and the additional signs would not be materially detrimental to the public health, safety and general welfare.
2.
The total sign area per lot shall not exceed an area in square feet equal to the linear feet of lot frontage on a public street or streets. Lot frontage on a freeway shall not be considered in computing this figure.
3.
When the total frontage of a lot is less than the square root of the lot's area, said frontage shall be deemed to be equal to the square root of the lot's area for the purpose of determining the permitted sign area.
4.
A pole sign shall not be permitted.
5.
A ground sign in excess of three and one-half (3-1/2) feet in height shall not be permitted. The distance between the ground elevation and the bottom of a ground sign shall not exceed one (1) foot.
6.
A sign may be affixed to a building but shall not project above the height of the building wall or roof fascia.
7.
A sign shall not project into an existing or future right-of-way.
8.
No "A" frame or "sandwich" sign, or scintillating, flashing or revolving sign shall be permitted.
9.
Streamers, banners, pennants and similar displays are not permitted; provided, however, that streamers, banners, pennants and similar displays may be attached directly upon the structure of a lawfully erected fireworks stand (see CMC § 3101.0 through § 3101.10) without necessity of a banner permit.
10.
Christmas decorations displayed between thirty (30) days prior to and fifteen (15) days after December 25th are not subject to zoning regulations.
11.
Official public events, including but not limited to national, state and local elections, are not subject to zoning regulations.
D.
Except as provided for violations of subdivision (A) of this Section, any person, firm or corporation violating any provision of this Section shall be guilty of an infraction and shall be punishable as provided in Chapter 2 of Article I.
(Ord. 78-434; Ord. 79-479 § 6; Ord. 80-514; Ord. 01-1225 § 3; Ord. 15-1563 §§ 3, 4)
§ 9126.8 Other Site Development Standards - Utilities.
In D (Design Overlay) designated areas, all new utility lines, other than major transmission lines, shall be placed underground. This requirement may be waived by the Commission where topography, soil, undue financial hardship or other conditions make such underground installation unreasonable or impractical. Undergrounding shall be in accordance with the applicable rules and regulations of the utility, as currently on file with the California Public Utilities Commission.
All aboveground equipment (other than pole lines when permitted), such as transformers and pedestal terminals, which are visible from an adjacent public street or walkway, shall be within a solid enclosure or otherwise screened from public view. Such enclosure/screening shall be in accordance with the utility's service requirement. (Int. 3-79; Ord. 11-1479, § 7)
§ 9126.9 Other Site Development Standards - Site Planning and Design.
A.
Within any D (Design Overlay) designated area, all development subsequent to the date of such designation shall be in conformance with development plans which have been approved pursuant to the Site Plan and Design Review procedure as provided in CMC § 9172.23.
No permit shall be issued for grading or construction involving significant exterior changes, as determined by the Director, which is not in conformance with such approved development plans.
B.
The D (Design Overlay) designation in conjunction with a residential development is intended:
To promote residential amenities beyond those expected under conventional development.
To develop attractive neighborhoods through creative and imaginative planning as a unit.
To achieve a higher quality of design through flexibility of development standards and integrated planning, design and control of development.
To achieve harmony between each development and the existing or future surrounding development.
To assist in improving the quality and quantity of housing available to meet the needs of all social and economic groups within the community.
To preserve areas of natural scenic beauty or of historical, cultural or scientific interest.
To provide for appropriate use of land which is sufficiently unique in physical characteristics or other circumstances to warrant special methods of development.
C.
In approving development plans, the approving authority may allow deviations from the Residential Site Development Standards (Division 6 of this Part) and may impose additional requirements as conditions of approval if the approving authority finds in writing that such deviations and additional requirements are justified in order to achieve one (1) or more of the objectives listed above.
Approval of development plans in a D (Design Overlay) designated area also shall be subject to the following provisions:
1.
Open Space. Open space shall comprise not less than thirty (30) percent of the net project area.
Subject to the approval of the approving authority, open space may include one (1) or more of the following, designated for the use and enjoyment of all the occupants of the planned residential development or appropriate phase thereof:
Common open space developed for recreation purposes.
Areas of scenic or natural beauty forming a portion of the proposed development.
Present or future recreational areas of noncommercial nature including parks and playgrounds. Where specifically approved by the approving authority, green fees or similar charges related to use of a golf course or similar open recreational use may be permitted, provided such charges are incidental to operation of said facilities, are not primarily commercial in nature, and do not alter the character of said recreational facility.
Present or future hiking, riding or bicycle trails.
Landscaped portions adjacent to streets or highways which are in excess of minimum required rights-of-way.
Other similar areas determined appropriate by the approving authority.
In approving said open space, the approving authority shall give consideration to the project to be developed; the characteristics of such open space; the manner in which the open space is to be owned, improved and maintained; and such other information as the approving authority deems pertinent. Reservation of open space shall be made a condition of approval. Such reservation shall be by public dedication, establishment of a maintenance district, common ownership or other satisfactory means to ensure the permanent reservation of and perpetual maintenance of required open space.
2.
Development Schedule. The approving authority may approve a development schedule permitting a project to be developed in more than one (1) phase.
A project developed in phases shall be designed so that each successive phase will contain sufficient open space to independently qualify under subsection (C)(1) of this Section.
Modifications in the development schedule may be approved by the approving authority in subsequent development plan approvals.
3.
Landscaping. A plan for landscaping all open areas shall be submitted to and approved by the approving authority.
4.
Division of Lots. In addition to a tentative division of land map when required by the Subdivision Ordinance of the City of Carson (Chapter 2 of Article IX of the Carson Municipal Code), where lots are to be sold or separated in ownership from other property in the development, or applicable phase thereof, a map shall be submitted to the approving authority indicating the proposed boundaries of the lots to be sold or separated in ownership. Where the proposed division would create one (1) or more lots having an area, width or frontage less than the normal site requirements as provided in Division 5 of this Part, said map shall also delineate the relationship between said lots and open space provided as required in subsection (C)(1) of this Section. The approving authority may approve the proposed division in ownership if it finds the relationship between the proposed lots and the designated open space affords effective use and enjoyment of said open space to the occupants of each of said lots.
5.
Sale or Separation of Lots. Where lots are sold or otherwise separated in ownership, no dwelling unit or lot for a residential building shall be sold or encumbered separately from an undivided interest in the open space appurtenant to such dwelling unit or lot as required by subsection (C)(1) of this Section. Such undivided interest shall include either an undivided interest in the open space or a share in the corporation or voting membership in an association owning this open space where approved as provided in subsection (C)(1) of this Section. This provision shall not apply when said required open space has been accepted for public dedication, or where held in separate ownership with recreational rights to the required open space reserved to the lot owners and maintenance easements granted to an established maintenance district, or where other means are established which will ensure the permanent reservation and perpetual maintenance of required open space.
§ 9126.91 Other Site Development Standards - Site Planning and Design – Residential Projects That Include Affordable and/or Senior Citizen Households.
A.
Residential projects that include affordable and/or senior citizen households shall be those projects in which a minimum of ten (10) percent of the units are provided for affordable and/or senior citizen households.
1.
"Affordable households" shall mean and include "very low income," "lower income," "low income" or "moderate income" households defined as follows:
"Very low income households" shall mean those households with an income that is fifty (50) percent or less of the "area median family income" published approximately annually by the State Department of Housing and Community Development Department (HCD) based on information provided by the Federal Department of Housing and Urban Development (HUD).
"Lower income households" shall mean those households with an income that is more than fifty (50) percent or sixty (60) percent or less of the "area median family income" published annually by HCD based on information provided by HUD.
"Low income households" shall mean those households with an income that is more than sixty (60) percent or eighty (80) percent or less of the "area median family income" published annually by HCD based on information provided by HUD.
"Moderate income households" shall mean those households with an income that is more than eighty (80) percent or one hundred twenty (120) percent or less of the "area median family income" published annually by HCD based on information provided by HUD.
2.
"Senior citizen households" shall mean those households in which the residents are persons at least fifty-five (55) years of age.
B.
Maximum Monthly Rents or Mortgage Payments and Terms of Affordability. The maximum monthly rents or mortgage payments for "affordable" and "senior citizen" units are as follows:
Income Category | Maximum Monthly Rent or Mortgage Payment |
|---|---|
Very low income | (.5 x area median family income x .3) 12 |
Lower income | (.6 x area median family income x .3) 12 |
Low income | (.8 x area median family income x .3) 12 |
Moderate income | (1.2 x area median family income x .3) 12 |
Senior citizen | No income limitation |
The affordable or senior citizen units must be kept as affordable or senior citizen units per the following chart:
Owner Occupied | Rental | |
|---|---|---|
Type of Unit | Minimum Time | Minimum Time |
Affordable | 15 years* | 30 years |
Senior citizen | 15 years* | 30 years |
*Or such other time length as determined by the Planning Commission. |
The above formulas shall also consider the number of bedrooms per unit.
C.
Deviations and Conditions.
1.
In approving development plans for residential projects qualifying under this Section, the approving authority may allow deviations from the following development standards:
a.
Site Requirements in CMC § 9125.2, § 9125.3 and § 9125.4;
b.
Residential Site Development Standards in Division 6 of this Part; and
c.
Vehicular Parking, Loading and Maneuvering Areas development standards in CMC § 9162.1 and § 9162.21.
d.
The following portions of CMC § 9128.15 for Residential Condominiums and CMC § 9128.54 for Multiple-Family Dwellings: Private Open Space, Length of and Separation Between Buildings, Landscaping Requirements, Recreational Facilities.
2.
The approving authority may impose additional requirements as Conditions of Approval if it finds in writing that such deviations and additional requirements are justified in order to achieve one (1) or more of the objectives listed in CMC § 9126.9(B).
3.
As a guideline to be used in considering development plans for residential projects qualifying under this Section, the approving authority shall utilize the development criteria as provided for in CMC § 9128.16 and § 9128.55 in addition to the following criteria:
The project should be a comprehensive and integrated design, providing for its own open space, landscaping, recreational facilities, off-street parking and amenities for contemporary living. Any deviations from the requirements of the Zoning Ordinance should not significantly reduce or alter the design of the project to the extent that overall qualities of the architecture and site plan are compromised. |
Architectural unity and harmony should be achieved both within the project and between the project and the surrounding community so that the project does not constitute a disruption to the established fabric of the community. The height of proposed structures should be compatible with the existing and anticipated development within the area. To the extent feasible, structures should be designed to reduce height adjacent to existing buildings of smaller scale and the public right-of-way. |
Consideration should be given to innovative design which effectively provides for residential projects of higher density while assuring adequate fire protection, water supply, vehicular and pedestrian circulation and other public services. |
In designing projects which are intended for affordable residential development, consideration may be given to a reduction in lot area, configuration and street frontage for single-family residential lots. The design of the subdivision should be compatible with existing single-family developments within the immediate neighborhoods. Lot sizes should not be less than four thousand (4,000) square feet in area and should provide sufficient widths and street frontages to allow for adherence to minimum front, side and rear yard setback requirements. The single-family homes should utilize innovative design concepts which create an attractive neighborhood. |
(Ord. 92-972 § 2)
§ 9127.1 Exterior Lighting.
All lighting of buildings, landscaping, parking lots and similar facilities shall be directed away from all adjoining and nearby residential property. Such lighting shall be arranged and controlled so as not to create a nuisance or hazard to traffic or to the living environment. This Section is also applicable to arc lights, search lights and similar lighting devices.
§ 9128.11 Residential Condominiums - Intent and Purpose.
Residential condominium projects may require that numbers of householders, with vested ownership in their respective dwelling units, live in close proximity to one another. Condominium projects also require that such owners be bound together in an Association which is responsible for the maintenance, management and possible reconstruction of improvements within the common area of the project. This mix of individual and common ownership is different from conventional and familiar patterns of housing in the City. The unique status of residential condominium projects tends to magnify the effects associated with higher urban densities to the point where they may lead to conditions of mismanagement, neglect and blight that impact upon the public health, safety, welfare and economic prosperity of the larger community. To ensure that such problems are avoided in both the short and long term, it is the express intent of the City to treat residential condominiums differently from apartments and other like structures. Pursuant to such intent and in order to provide guidance in the consideration of proposed condominium projects, the purposes of CMC § 9128.11 through § 9128.17 are as follows:
To ensure that the significance of the fragmented pattern of condominium ownership with respect to long-range planning, unforeseen change and maintenance of the City's housing stock is not superficially discounted in favor of short-term and expedient financial considerations.
To establish reasonable procedures for the dissolution of the condominium and demolition of the structures at the end of their economic, functional or physical life and thus obviate conditions of residential obsolescence and blight and their pernicious effects upon both immediate occupants and the larger community.
To ensure that the potentially deleterious effects resulting from a lack of continuous and centralized management do not impact upon the public health, safety and welfare and, at the same time, ensure that there is democratic and effective management of the project that does not allow, over time, a majority of the unit owners to effectively contravene the initial commitments made to the project at the time of its inception and thus undercut the good faith of any minority of unit owners.
To ensure that the project developer provides adequate private outdoor living space, storage space and parking space to meet the expectations and changing needs of property owners over a long period of time.
To ensure that the project developer is attentive to the performance characteristics of the structure and mitigates such problems as vibration and noise transmission which may not be apparent to the buyer without living in the unit but which, if not adequately attenuated, may nevertheless render the living environment within the project undesirable and the transfer of unit ownership difficult.
To ensure that the project developer uses contemporary and environmentally sensitive concepts of site planning and architectural design in the creation of the project and to ensure that the project, once completed, maintains its integrity over time not only to preserve the long-term financial commitment of the unit owner, but also to optimize the utilitarian and aesthetic qualities that make the project a viable home for him in the future.
To ensure that, when appropriate, governmental entities have the right to enter into specified areas of the project to protect the public health, safety and welfare and preserve the public peace.
(Ord. 84-700 § 3)
§ 9128.12 Residential Condominiums - Existing Residential Condominiums.
Existing residential condominiums which do not comply with the provisions of CMC § 9128.11 through § 9128.17 shall be nonconforming uses and shall be allowed to continue operation subject to the following provisions:
Except for strictly interior modifications to individual condominium units, no structural or architectural alterations, except incidental maintenance, shall be made to any existing residential condominium or its common areas within the City, unless and until a Conditional Use Permit is obtained therefor.
The Commission may grant a Conditional Use Permit if it finds that compliance with the provisions of CMC § 9128.14 through § 9128.17 would impose a cost or other hardship disproportionate to the proposed structural or architectural alteration; provided, that the applicant is making reasonable efforts to conform to those provisions and the purposes delineated in CMC § 9128.11.
§ 9128.13 Residential Condominiums - Application for Conditional Use Permit.
The application for a Conditional Use Permit for a proposed residential condominium project shall include the following information, in the number of copies and degree of detail which the Director determines to be sufficient for the Commission to evaluate the project:
A complete legal description of the property and a boundary map showing the existing topography of the site and the location of all existing easements, structures and other improvements, and trees over six (6) inches in diameter.
Dimensioned schematic development plans consisting of at least a site plan, garage plan, typical floor plan, building elevations showing natural grades, transverse and longitudinal sections showing natural grades and a conceptual landscaping plan for the project as a whole. In instances where the project involves the conversion of an existing structure to condominium usage, complete as-built drawings shall be provided.
A tabular analysis showing how the project compares to the minimum standards for condominium projects in the zone in which it would be located.
Typical detailed sections of the types of wall and floor/ceiling construction that would be used in both common and interior partition walls within the condominium project, including either published data from a recognized testing laboratory or a statement from a licensed acoustical engineer or the City Building Official as to the STC (Sound Transmission Class) and IIC (Impact Insulation Class) of the proposed type of construction.
The proposed condominium documents including the Declaration of Covenants, Conditions and Restrictions, Description of Project Elements and tentative Condominium Plan that would apply to the conveyance of units, the assignment of parking and the management of common areas within the project.
Such other information which the Commission or Director determines is necessary to evaluate the proposed project.
§ 9128.14 Residential Condominiums - Development Policy.
The Commission shall review all proposals for residential condominium usage in order to determine their degree of compliance with both the Development Standards and Development Criteria delineated in CMC § 9128.15 and § 9128.16. A condominium proposal which does not comply with all of the precise development standards in these sections may be approved where the Commission finds that there are unusual circumstances regarding the development's location, site or configuration; that the project is in substantial compliance with both the Development Standards and Development Criteria and that there are mitigating features incorporated in the project which tend to further the expressed intent and purpose of CMC § 9128.11 through § 9128.17.
Recognizing that the conversion of existing multiple residential structures to condominium usage presents unique problems with respect to the requirements of this Section, the Commission is empowered to vary any and all requirements contained herein in regard to a particular conversion proposal upon a finding that the creation of the proposed condominium will not have the potential to contravene the intent and purpose of CMC § 9128.11 through § 9128.17. Project characteristics of critical importance in determining whether a proposed conversion has that potential include the age of the structure and the degree to which the proposal varies from the required standards for the following:
Parking |
Unit size |
Sound transmission characteristics |
Private open space |
Storage space |
The Commission also is empowered to impose conditions on its approval of the Conditional Use Permit which would require that specified modifications, designed to bring a structure more nearly into compliance with the condominium Development Standards contained herein, be made to the structure proposed for conversion.
§ 9128.15 Residential Condominiums - Development Standards.
The Commission shall require, except as noted above, that all residential condominium projects conform to all ordinances of the City and all of the following condominium Development Standards.
Private Open Space. Notwithstanding the minimum total amount of usable open space required for a project and the required minimum dwelling unit size, all of the units shall have an appurtenant private patio, deck, balcony, atrium or solarium with a minimum area of one hundred fifty (150) square feet, except that one (1) bedroom and zero bedroom units shall have a minimum of one hundred thirty (130) square feet. Such space shall have a configuration that would allow a horizontal rectangle or square of one hundred (100) square feet in an area and a minimum of seven (7) feet to be placed in said space. The space shall be designed for the sole enjoyment of the unit owner and guests, and shall have at least one (1) weatherproofed, duplex receptacle electrical convenience outlet. Additionally, such space shall be at the same level as, and immediately accessible from, either a kitchen, dining room, family room or living room within the unit. The Commission may evaluate each project on its own merit in regard to the type, configuration and characteristics of the development, including condominium unit mix pertaining to the number of bedrooms per unit and percentage thereof, and may allow variations from the above dimensional standards where it can be shown that the required private open space meets the intent and purpose of this Section.
Length of and Separation Between Buildings. Each detached residential building within a condominium project shall have a linear horizontal distance no greater than six (6) units in length. The spacing between main residential buildings within condominium projects shall be at least ten (10) feet, except where a parking space is proposed therein, in which case there shall be at least fifteen (15) feet between main buildings. Where an individual unit fronts on an interior courtyard, the separation from an adjacent main residential building shall be a minimum of twenty (20) feet. When main residential buildings are proposed to be separated by less than twenty (20) feet, the buildings shall not have windows, balconies or patios directly opposing each other except for windows which open into stairwells or are located within vaulted ceiling areas where the height of the bottom of the window is no less than six (6) feet from the floor. When a project is designed with windows, balconies or patios that are part of an individual unit and the separation between buildings is less than fifteen (15) feet, the Commission shall evaluate the project to ensure that adequate light, air, ventilation and privacy of all the residential units is provided and may require additional spacing up to twenty (20) feet to ensure the provision of these elements, and allow for separation of building masses and higher quality of design.
Landscaping Requirements. One (1) specimen size tree (thirty (30) inch box tree) shall be provided for each unit. Specimen trees existing on a site prior to development shall be identified on the proposed site plan and shall not be removed without prior written approval from the Director of Community Development. Existing specimen trees may be used to satisfy the landscaping requirement.
Recreational Facilities. All projects one-half (1/2) acre or larger shall contain a children's playground with an area based on the following formula: seventy (70) square feet for each two (2) bedroom unit and one hundred forty (140) square feet for each three (3) or more bedroom unit in the project. In no event shall the playground be less than thirteen hundred (1,300) square feet. All projects one (1) acre or larger shall contain a clubhouse or meeting room in addition to the aforementioned playground. Individual features of said playground and clubhouse or meeting room are subject to the approval of the Director of Community Development.
Private Storage Space. Each unit within the project shall have at least two hundred (200) cubic feet of enclosed, weather-proofed and lockable storage space for the sole use of the unit owner.
Such space shall have a minimum horizontal interior dimension of three and one-half (3-1/2) feet. The space, if a reach-in type, shall have an opening of three and one-half (3-1/2) feet by six (6) feet, or, if a walk-in type, shall have a minimum clear access opening of two and one-half (2-1/2) feet by six and two-thirds (6-2/3) feet.
Such space may be provided within individual storage lockers, cabinets or closets in any location approved by the Commission, but shall not be split among two (2) or more locations. Moreover, since it is the intent of this standard to require space over and above that normally associated with the day-to-day functioning of the unit, the Commission shall exercise reasonable discretion in differentiating between such required private storage space and guest, linen or clothes closets or food pantries that are customarily within the unit. Thus, while providing such private storage space within the limits of the unit is not precluded, it shall be over and above that which would otherwise be provided within the unit.
If such space is located within a common area within the project, the Association shall be responsible for the care and maintenance of the exterior surface of the space in order to assure that the surface is maintained in a manner compatible with the architectural treatment of the project. Regardless of the location, the precise architectural treatment of such space shall be approved by the Planning Division to ensure that such areas are safe, convenient and unobtrusive to the functional and aesthetic qualities of the project.
Off-Street Parking. Each condominium project shall provide off-street parking in accordance with the provisions of CMC § 9162.21.
Not more than thirty (30) percent of the total required spaces designated for guests may be designed and reserved for the parking of compact automobiles. Such spaces shall be so designated either by signing or marking.
Treatment of Utilities.
Plumbing Shut-off Valves. Water supply lines to each unit within the project shall be fitted with shut-off valves of either a hand valve or screw-stop type. If there are extenuating circumstances which make the installation of such valves impractical, the Commission may approve a system which provides individual shut-off valves ahead of each fixture within the unit. A shut-off valve shall also be provided ahead of each water-supplied appliance not contained within a unit.
Drip Pans. Hot water heaters and any other appliances which the Building Official determines to be a potential source of water leakage or flooding shall be installed with built-in drip pans and a one and one-quarter (1-1/4) inch minimum diameter drain line leading to a safe point of disposal outside the building. The end of said drain shall be provided with a removable screen to prevent insect entrance to the unit. Drip pans may be omitted where appliances are located in garages that are constructed such that any water leakage cannot damage the common wall between units or find its way into an adjoining unit.
Utility Meters. With the exception of water supply and central heating and/or air conditioning, each utility that is controlled and consumed within the individual unit shall be separately metered in such a way that the unit owner can be separately billed for its use.
Circuit Breaker. Each unit shall have its own circuit breaker panel for all electrical circuits and outlets which serve the unit. Such panel shall be accessible without leaving the unit.
Isolation of Vibration and Sources of Structure-borne Noise in Condominium Projects Where Units Have Common Walls and/or Floor and Ceiling.
Shock Mounting of Mechanical Equipment. All permanent mechanical equipment such as motors, compressors, pumps and compactors which, because of their rotation, reciprocation, expansion and/or contraction, turbulence, oscillation, pulsation, impaction, or detonation, are determined by the Building Official to be a source of structural vibration or structure-borne noise shall be shock-mounted with inertia blocks or bases and/or vibration isolators in a manner approved by the Building Official. Domestic appliances which are cabinet-installed or built into the individual units, such as clothes washers and dryers, or other appliances which are determined by the Building Official to be a source of structural vibration or structure-borne noise, shall be isolated from cabinets and the floor or ceiling by resilient gaskets and vibration mounts approved by the Building Official. The cabinets in which they are installed should be offset from the back wall with strip gasketing of felt, cork or similar material approved by the Building Official. Where such appliances utilize water, flexible connectors shall be installed on all water lines. If provision is made within the units for the installation of nonpermanent appliances such as clothes washers and dryers, then permanent rubber mounting bases and surface plates shall be installed in a manner approved by the Building Official.
Location of Plumbing Fixtures. No plumbing fixture, except pullman-mounted lavatories, shall be located on a common wall between two (2) separate units where it would back up to a living room, family room, dining room, den or bedroom of an adjoining unit.
Separation of Vents and Lines. No common water supply lines, vents, or drain lines shall be permitted for contiguous units unless there is at least eight and one-half (8-1/2) feet of pipe between the closest plumbing fixtures within the separate units. The Building Official may approve other methods of isolating sound transmission through plumbing lines where their effectiveness can be demonstrated.
Insulation and Insulation of Lines. All water supply lines within the project shall be isolated from wood or metal framing with pipe isolators specifically manufactured for that purpose and approved by the Building Official. In multi-story condominium projects, all vertical drainage pipe, except piping serving only one (1) condominium unit that is located in a wall that is not common to any other unit, shall be surrounded by three-quarters (3/4) inch thick dense insulation board or full thick fiberglass or wool blanket insulation for its entire length except the sections that pass through wood or metal framing.
Attenuation of Noise.
General. Wall and floor/ceiling assemblies separating units from each other or from public or quasi-public spaces such as interior corridors, laundry rooms, recreation rooms and garages shall provide airborne sound insulation for walls, and both airborne and impact sound insulation for floor/ceiling assemblies.
Airborne Sound Insulation. All wall assemblies enumerated or alluded to in the previous paragraph shall be of a type of construction that has a minimum rating of 58 STC (Sound Transmission Class). All floor/ceiling assemblies enumerated or alluded to in the previous paragraph shall be of a type of construction that has a minimum rating of 50 STC. Wood floor joists and sub-flooring shall not be continuous between separate condominium units. Penetrations or openings in the construction for piping, electrical outlets and devices, recess cabinets, bathtubs, soffits and heating, ventilating and/or air conditioning intake and exhaust ducts, and the like, shall be sealed, lined, insulated or otherwise treated to maintain the required rating and such treatment shall be approved by the Building Official. Entrance doors to the unit shall be of solid construction and, together with perimeter seals, shall have a minimum rating of 30 STC. Such perimeter seals shall be maintained in effective operating condition.
Impact Sound Insulation. All separating floor/ceiling assemblies enumerated or alluded to above shall be of a type of construction that has a minimum rating of 69 IIC (Impact Insulation Class). Floor coverings may be included in the assembly to obtain the required ratings, but must be retained as a permanent part of the assembly and may only be replaced by another floor covering that provides the same or greater impact insulation.
Verification of Sound Class. STC and IIC ratings shall be based on the results of laboratory measurements and will not be subjected to field testing. The STC rating shall be based on the American Society for Testing and Materials system specified in ASTM B90-66t or equivalent. The IIC rating shall be based on the system in use at the National Bureau of Standards or equivalent. Ratings obtained from other testing procedures will require adjustment to the above rating systems.
(Ord. 78-452; Ord. 80-536 § 1; Ord. 84-705 § 7; Ord. 85-720 § 9; Ord. 92-977 § 2)
§ 9128.16 Residential Condominiums - Development Criteria.
There are important considerations relative to each proposal for residential condominium usage and to each proposed site that do not lend themselves to specific development standards. The following criteria shall apply to proposals for condominium usage made pursuant to the provisions of CMC § 9128.11 through § 9128.17, and shall serve as a basis for the evaluation of accepted and appropriate planning and architectural techniques necessary for the orderly development of the City, and concurrently shall give substance to the policies necessary to achieve the purposes of these sections:
The project should be a comprehensive and integrated design, providing for its own open space, off-street parking and amenities for contemporary living. Insofar as the scale of the project allows, open space, walkways and other areas for people should be separated from parking areas, driveways and other areas for automobiles.
Architectural unit and harmony should be achieved both within the project and between the project and the surrounding community so that the project does not constitute a disruption to the established fabric of the community.
The layout of structures and other facilities should effect a conservation in street, driveway, curb cut, utility and other public or quasi-public improvements. Structures should be designed to minimize, within the context of accepted architectural practice, the consumption of natural resources either directly or indirectly (e.g., gas, water, electricity).
The project should be designed to maintain as much of the natural topography, large trees and environment as practical.
The configuration and orientation of the project should respect reasonable design limits imposed by the natural and man-made environment. Structures should be situated to take advantage of view, topography, sun and wind, while at the same time not destroying these advantages for adjacent properties. Structures should also be situated to minimize or buffer any undesirable characteristics of the site such as street noise and nearby obnoxious commercial or industrial uses.
The layout of units and open space within the project should establish, through the use of structure and landscape materials, a perceptible spatial transition from the public street, though the semi-privacy of the common areas, to the privacy of the unit. Most importantly, the environment of each condominium unit should be private and free from visual, audible and other intrusions.
§ 9128.17 Residential Condominiums - Declaration of Covenants – Conditions and Restrictions.
To achieve the purposes of CMC § 9128.11, the Declaration of Covenants, Conditions and Restrictions relating to the management of the common area and facilities shall accompany all proposals for residential condominium usage made pursuant to the provisions of CMC § 9128.11 through § 9128.17. In addition to such covenants, conditions and restrictions that may be required by the Department of Real Estate of the State of California or pursuant to Title 6 of Part IV of Division II of the California Civil Code or other State laws or policies, such declaration shall provide for the following, none of which, after acceptance in final form by the City, shall be amended, modified or changed without first obtaining the written consent of the City:
Assignment or Conveyance of Private Open Space. The surface area and appurtenant airspace or private open space areas, including but not limited to the private patio, deck, balcony, solarium or atrium required by CMC § 9128.15, and any integral portion of that space that may exceed the minimum area requirements, shall be described and irrevocably assigned to its respective unit, except that where the private open space is totally within the boundary described by the interior surfaces of the unit, it shall be conveyed as an integral part of the unit.
Assignment or Conveyance of Private Storage Areas. The surfaces and appurtenant airspace of private storage areas, including but not limited to the private storage space required by CMC § 9128.15, shall be described and irrevocably assigned by the Declaration or Condominium Plan to its respective unit, except that where the private storage space is totally, within the boundary described by the interior surfaces of the unit, as it would be in a closet opening upon a unit's room or hallway, it shall be conveyed as an integral part of the unit.
Assignment or Conveyance and Use of Required Off-Street Parking Spaces. Required off-street, enclosed parking spaces, except guest parking spaces, shall be permanently and irrevocably assigned to particular units within the project on the basis of two (2) spaces per unit, except that where two (2) parking spaces are totally within the boundary described by the interior surfaces of the unit, as they would be in townhouse development with a private entrance from the parking garage to the unit, they shall be conveyed as an integral part of the unit. To the maximum practical extent, the two (2) spaces assigned to each unit shall be contiguous. In no case shall the private storage area of one (1) unit overhang or take its access from the required off-street parking space of another unit. All parking spaces shall be used solely by unit owners, members of their families, their guests or lessees of the owner's unit, except that a unit occupant within the project may rent one (1) space to another unit occupant or to the Association. All parking spaces shall be solely for the purpose of parking motor vehicles as defined by the California Vehicle Code.
Maintenance of Impact Insulation Class. The Impact Insulation Class (IIC) rating of all separating floor/ceiling assemblies, as required by CMC § 9128.15, shall be described in the Declaration. Where the minimum IIC rating is obtained through the use of floor covering(s), the Declaration should provide that said covering(s) shall not be removed for any purpose except cleaning or replacement, and shall further provide that any replacement covering(s) shall furnish not less than the degree of impact insulation afforded by covering(s) originally installed.
Right of Public Entry to Common Area. The City of Carson, the County of Los Angeles, the State of California, and the Government of the United States, and any department, bureau or agency thereof, shall have the right of immediate access to all portions of common areas of the project not assigned for the exclusive use of the owner of a particular unit at all times. Notice of such right of governmental agency access shall be prominently displayed in the common areas of the project.
Television and Radio Antenna. Individual television and radio antennas shall be prohibited outside of any owner's unit. The Declaration shall provide either for a central antenna with connections to each unit via underground or internal wall wiring, or each unit shall be served by a cable antenna service provided by a company licensed to provide such service within the City.
Voting. For the purpose of voting, including without limitation voting to set the amount of regular or special assessments and for the purpose of amending the Covenants, Conditions and Restrictions, one (1) vote shall be allocated for each unit within the project. The amount of regular and special assessments may be made proportional to the gross square footage of each unit within the project.
Partition and Sale of the Project. An action may be brought by one (1) or more owners of units within the project for partition thereon by sale of the entire project as if the owners of all the condominiums in such project were tenants-in-common in the entire project in the same proportion as their interests in the common areas provided, however, that a partition shall be made only upon a showing of the existence of one (1) or more of the conditions set forth in Section 752b of the California Code of Civil Procedure, or that:
Two years after damage or destruction to the project which renders a material part thereof unfit for its use, the project has not been rebuilt or repaired substantially to its state prior to its damage or destruction; or |
One-half or more of the project has been destroyed or substantially damaged and condominium owners holding in aggregate more than fifty (50) percent interest in the common areas are opposed to repair or restoration of the project; or |
The most recently constructed dwelling structure has been in existence in excess of the number of years shown in the following table, the project is obsolete and uneconomic, and the percentage of condominium owners holding in aggregate a percentage interest in the common areas as set forth in the following table are opposed to repair or restoration of the project. |
Age of Structure | Percentage of Interest in Common Areas Held by Condominium Owners |
|---|---|
30 years | 70 percent |
40 years | 60 percent |
50 years | 50 percent |
60 years | 40 percent |
70 years | 30 percent |
For purposes of this Section, multiple owners of a single unit shall not be deemed possessed, in the aggregate, of any greater interest in the common areas than that possessed by a single owner of a unit.
Maintenance. The Declaration shall contain a provision establishing the obligation and duty of the governing body of the condominium to maintain the common areas in good condition.
Enforcement. The Declaration shall contain a provision ensuring the right of any owner to enforce the terms of the Declaration.
Maintenance of Common Areas and Facilities.
Obligation. No Conditional Use Permit shall be granted for a residential condominium development unless the obligation for care, upkeep and management of the common element is imposed on a nonprofit corporation (the Association).
Assessments. In order to protect the public health, safety and welfare, provision shall be made both for annual assessments for maintenance and special assessments for capital improvements. The amount of the regular annual assessment, and the procedure for its change, shall be specified. The manner in which special assessments may be levied for the purpose of defraying, in whole or part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the common area shall be specified. The amount of regular and special assessments may be made proportional to the gross square footage to each unit within the project. Both annual and special assessments may be collected on a monthly basis. The remedies which the Association may bring for the nonpayment of assessments shall be specified and may include penalties for late payment.
Veto Right and Authority of the City. In consideration for the City's approval of a condominium project, including without limitation any approval of a conversion to condominium usage, the Declaration shall provide that the City, at its option, has the right and authority to veto any action of the Association which would tend to decrease the amount of the regular annual assessment upon a finding by the City that such a decrease could or would adversely affect the long-run maintenance of the condominium structures and/or common areas. To enable the City to exercise said optional veto, the Declaration shall provide that Association actions to decrease the annual assessment do not become effective until sixty (60) days after written notice of such action is given to the City.
Utility Easements Over Private Streets and Other Areas. If the condominium project contains private streets, provision shall be made for public utility easements in or adjacent to such private streets, adjacent to public streets or over other portions of the project to accommodate fire hydrants, water meters, street furniture, storm drainage, sanitary sewers, water and gas mains, electrical lines and similar urban infrastructure. The Commission may also require access routes necessary to assure that fire fighting equipment can reach and operate efficiently in all areas of the project.
Amendment of the Declaration. Any amendment to the Declaration which would amend, modify, delete or otherwise affect any provision required by this Section shall require the prior written approval of the City. To that end, no such amendment of the Declaration shall be effective unless: (1) the text thereof shall have been submitted to the City thirty (30) days prior to its adoption by the owners; (2) either the City has approved the amendment or failed to disapprove it within said thirty (30) day period; and (3) the recorded instrument effecting such amendment shall recite that it was so submitted and approved or not disapproved.
§ 9128.2 Mobile Home Parks - Mobile Home Parks.
Every Conditional Use Permit for a mobile home park shall be subject to the following conditions regardless of whether such conditions are specifically set forth in the Conditional Use Permit. In granting a Conditional Use Permit, additional conditions may be imposed but may not change or modify any of the following conditions:
Area. A mobile home park shall have a net area of not less than two hundred thousand (200,000) square feet.
Mobile Home Site Size. The average size of the mobile home sites shall not be less than twenty-two hundred (2,200) square feet. No mobile home site may have an area of less than twelve hundred (1,200) square feet. The area of a mobile home site covered by a mobile home and any other structure(s) shall not exceed seventy-five (75) percent of the site area.
Yards. The required front yard of the mobile home park shall be the same as required in the zone in which it is located but in no event less than fifteen (15) feet. No mobile home or structure, other than a fence or wall, shall be located within five (5) feet of the front, side or rear lot line of a mobile home site.
Distance Between Mobile Homes. There shall be a distance of not less than ten (10) feet between mobile homes.
Driveways. Each mobile home site shall have access upon a driveway of not less than twenty-five (25) feet in clear width, exclusive of required parking areas. All driveways shall be improved with macadam, asphalt or concrete surfacing, and shall have clear and unobstructed access to a public street.
Parking Requirements. There shall be not less than two (2) parking spaces at least nine (9) feet by twenty (20) feet in size for each mobile home site, and in addition thereto, not less than one (1) such parking space for each four (4) mobile home sites for guest parking. Tandem parking is permitted for the two (2) required parking spaces for each mobile home site.
Walls. A wall at least six (6) feet in height shall be built and maintained to completely enclose all mobile home park facilities. Such walls shall be located so as to be in compliance with the yard requirements of the applicable zone.
Landscaping. Such areas of a mobile home park shall be landscaped as the Commission finds necessary to prevent the mobile home park from being materially detrimental to the public welfare or to the property of other persons located in the vicinity thereof.
Signs. Signs shall not be used in conjunction with a mobile home park except:
One sign, not over twenty (20) square feet in area, solely for the purpose of identifying the name of the mobile home park may be erected for each street frontage. No sign is permitted along a freeway frontage. |
Directional or informational signs relating solely to the operation of the mobile home park may be erected, not exceeding four (4) square feet in area per sign and not exceeding four (4) feet in height. |
One park directory sign may be provided at each vehicular entrance to the mobile home park. Such directory sign shall not exceed twenty-four (24) square feet in area per sign. |
Recreation Facilities. Recreation facilities shall be provided sufficient for the reasonable use and enjoyment of the residents of the mobile park.
Prohibitions:
A recreational vehicle shall not be occupied in a mobile home park. |
A mobile home shall not support a building. |
Recreational facilities shall not be used by any person other than residents of the mobile home park and their guests. |
A mobile home park shall have no dwelling units other than one (1) dwelling unit for the use of a caretaker or a manager responsible for maintaining or operating the property. |
Vehicles shall not be parked within required driveways. |
A mobile home shall not be used for any commercial purpose other than a permitted home occupation pursuant to CMC § 9128.4. |
There shall be no commercial uses in a mobile home park, other than home occupations, except those uses approved by the Commission upon a finding that such uses are appurtenant and necessary to facilitate the operation of a mobile home park. |
Other Regulations. The mobile home park shall comply with all other applicable statutes, ordinances, rules and regulations.
§ 9128.21 Mobile Home Parks - Relocation Impact Report (RIR).
For the purpose of this Section, any closure of a mobile home park or trailer park or any part thereof or any change of the park's status to a vacant use shall be deemed to be conversion of the park.
Prior to the conversion of a mobile home park or trailer park or any part thereof to any other use or to a vacant use, the person or entity (hereinafter "the applicant") proposing such conversion shall file an application with the City and obtain approval from the City of a relocation impact report (RIR) in accordance with the provisions contained in this Section.
For the purpose of this Section, the term "mobile home" shall mean a vehicle designed or used for human habitation and shall include camping trailers, motor homes, slide-in campers and travel trailers, when used as the occupant's primary place of residence as established by nine (9) months' continuous residency, and mobile homes as defined in the California Mobile Home Residency Law, Civil Code Section 798 et seq.
No sign stating that the mobile home park or trailer park is closing, may be closing or has been closed, and no sign concerning a proposed new use of the park, may be placed on or adjacent to a mobile home park or trailer park before the City has adopted a final resolution approving the RIR for the park and the applicant has executed and recorded a certificate of acceptance of the conditions of the resolution approving the RIR and given the required six (6) months' notice of termination of tenancy.
A.
Time for Filing RIR. An RIR shall be filed by the applicant and approved by the Commission prior to the giving of the written notice of change in use of a mobile home park or trailer park or any portion thereof required by California Civil Code Section 798.56. The RIR shall constitute an application for a permit requesting a change of use within the meaning of California Civil Code Section 798.56.
If the applicant files a tentative tract or parcel map to a subdivision to be created upon the conversion of a mobile home park or a trailer park to another use prior to giving the written notice under California Civil Code Section 798.56, then the RIR shall be filed concurrently with the filing of the map.
B.
Application and Resident Questionnaire. The City may require that the applicant file an application on a form, provided by the City, concurrently with the filing of an RIR.
The City may also require that the applicant give to each affected mobile home owner a questionnaire, provided by the City, which includes, but is not limited to:
1.
The purchase price and date of purchase of the mobile home by the resident. (Information may be provided at the option of the resident.)
2.
The amount and terms of any remaining amount due on a mortgage on the mobile home.
3.
The cost incurred by the resident in making any improvements, such as additions to or enlargement of the mobile home, patios, porches, carports, landscaping, and related amenities.
4.
Any circumstances, including but not limited to job location, which would restrict the area in which the resident is able to relocate.
5.
The annual income of the resident's household. (Information may be provided at the option of the resident).
6.
Survey question(s) as to whether or not the resident supports the proposed conversion of the park.
All questionnaires shall be given to each resident by the applicant at least forty (40) days prior to filing the proposed RIR with the City and shall be returned by each resident to the applicant within thirty (30) days. All completed questionnaires shall be submitted to the City by the applicant concurrently with the filing of an RIR. |
Said questionnaires shall be kept separate from the RIR and will not be included in the RIR sent to each resident. The identity of a resident and his or her individual responses shall be confidential and shall not be divulged except as necessary to determine the relocation assistance to be received by that particular resident or to settle disputes concerning the relocation assistance approved by the City. The City may also require information, such as that in the questionnaire, directly from the resident. |
C.
Content of RIR. The RIR shall contain the following:
1.
A description of the proposed new use, including whether it will include or contribute to housing opportunities or choices for low- and moderate-income households within the City.
2.
A timetable for conversion of the park.
3.
A legal description of the park.
4.
The number of spaces in the park, length of occupancy by the current occupant of each space, and current rental rate for each space.
5.
The date of manufacture and size of each mobile home.
6.
The appraised in-place market value of each of the mobile homes in the park. The appraiser is to be selected by the City and the cost is to be borne by the applicant. The appraiser shall be State-certified and have experience establishing the value of mobile homes. The appraisal of in-place market value shall be based on the current in-place location of the mobile home and shall assume continuation of the mobile home park.
7.
The total number of mobile home residents, broken down space by space, to identify owner or renter occupancy, principal or second home occupancy, resident under sixteen (16) years of age, residents sixty-two (62) years of age or over, the number of residents who are handicapped and/or disabled and, to the extent the information is available to the applicant, the number of resident households whose incomes are: (i) below thirty (30) percent of the applicable area median income ("AMI"); (ii) thirty (30) percent to fifty (50) percent of AMI; (iii) fifty (50) percent to eighty (80) percent of AMI; and (iv) eighty (80) percent to one hundred twenty (120) percent of AMI.
8.
The name and mailing address of each mobile home resident and each nonresident mobile home owner.
9.
A list of known available spaces in the South Bay-Long Beach area of Los Angeles County, the Orange County area and other areas of Los Angeles County within a fifty (50) mile radius from the park, including any written commitments from mobile home parks and trailer park owners willing to accept displaced residents, the comparability of such parks and the rental rates for such spaces.
a.
If comparable spaces are not available for the mobile homes of the residents within the above described areas, the RIR shall contain information on the location and rental rates of available spaces in other areas, if any, within a reasonable distance from the mobile home park, the purchase price of comparable mobile homes in place in a comparable park within a reasonable distance, the purchase and installation cost of a new mobile home if spaces are available for new mobile homes in a comparable park within a reasonable distance, the rental rates in such parks.
b.
If comparable spaces are not available within a reasonable distance, the purchase price of condominiums similar in size to the mobile homes within a reasonable distance, and the rental rates and moving costs involved in moving to an apartment or other rental unit within a reasonable distance.
10.
A replacement and relocation plan that adequately mitigates the impact upon the ability of the park residents who will be displaced to find adequate housing in a mobile home park within a reasonable distance.
11.
Estimates from two (2) moving companies as to the minimum and per mile cost of moving mobile homes of various sizes, including tear-down and setup of mobile homes and moving of improvements such as porches, carports, patios, and other movable amenities installed by the residents. Said moving companies shall be approved by the Director of Community Development (hereinafter "Director") prior to inclusion with the RIR.
12.
Proposed measures to mitigate the adverse impacts of the conversion upon the park residents.
13.
The City may require that the applicant hire a relocation specialist to find alternate housing. The specialist shall be selected by the applicant, subject to the City's approval, and shall be paid for by the applicant.
14.
Information whether residents have been offered the option of a long-term lease of the land and purchase of the improvements if the park is to be sold.
D.
Hearing and Notice. Upon filing of an RIR, the Director shall examine the same and advise the applicant within thirty (30) days after receipt thereof whether it is complete (which determination shall be preliminary and subject to subsection (E) of this Section as it relates to completeness and/or sufficiency of the RIR replacement and relocation plan). When a complete RIR has been filed it shall be accepted by the Director, and the Director shall set a time, date and place for review of the RIR by the Commission not later than ninety (90) days after the date of acceptance. The Director shall mail a copy of the RIR to all residents of the mobile home park or trailer park and any nonresident owners of mobile homes in the park and shall give notice by certified mail or personal delivery to the applicant, the residents, and any nonresident owners of mobile homes in the park of the date, time and place of the hearing at least sixty (60) days prior thereto. The RIR sent to each resident and nonresident mobile home owner shall not include the resident questionnaire; however, it shall include the individual appraisal of that resident's mobile home. The notice shall also contain a general explanation of the matters to be considered by the Commission. The Director may give such additional notice as the Commission deems necessary or desirable. The hearing shall be conducted and the decision made in accordance with CMC § 9173.23, § 9173.31, § 9173.32 and § 9173.33.
E.
Commission Findings and Decision. Upon review of the RIR and consideration of the written and oral evidence received at the hearing, the Commission shall make a finding as to whether or not approval of the park's conversion into the proposed new use, taking into consideration both the RIR as a whole and the overall housing availability within the City, will result in or materially contribute to a shortage of housing opportunities and choices for low- and moderate-income households within the City and, by resolution, shall render its decision on the RIR application within forty-five (45) days of the date first set for hearing. The Commission shall approve the RIR if it is able to make affirmative findings that: any displaced resident who cannot obtain adequate housing in a rent-controlled mobile home park within fifty (50) miles will be paid the in-place market value of the displaced resident's mobile home, as appraised in accordance with this Section, by the applicant; and measures have been provided that adequately mitigate the adverse impact of the conversion on the ability of the park residents to be displaced to find adequate housing in a mobile home park within a reasonable distance.
If the Commission does not make any one (1) of these findings and is unable to impose reasonable measures to mitigate the adverse impact, the Commission may disapprove the RIR. No other permit or approval shall be granted in furtherance of the proposed conversion and no change of use shall occur until and unless an RIR has been approved.
In approving an RIR, the Commission may impose reasonable measures to mitigate adverse impacts created by the conversion on the ability of the park residents to be displaced to find adequate housing in a mobile home park within a reasonable distance, which may include, but not be limited to, any of the following:
1.
Provision for payment of the cost of physically moving the mobile home to a new site, including tear-down and setup of mobile homes, including, but not limited to, movable improvements such as patios, carports and porches.
2.
Payment of a lump sum to compensate for payment of the first and last month's rent and any security deposit at the new mobile home park.
3.
Payment of a lump sum to compensate for any differential between rental rates at the closing mobile home park and the new mobile home park during the first year of the new tenancy.
4.
For those mobile home residents who move to apartments or other rental housing alternatives, provision for the first and last month's rent, plus security deposit, cleaning fees, not to exceed the fair market rents for new construction and substantial rehabilitation for the Los Angeles area as established by the U.S. Department of Housing and Urban Development. Mobile home households may be compensated based on the number of bedrooms in the mobile home so that a one (1) bedroom mobile home may be compensated based on a one (1) bedroom apartment, a two (2) bedroom mobile home based on a two (2) room apartment, etc.
5.
For those mobile home residents who move to apartments or other rental housing alternatives, a lump sum payment to compensate for any differential between rental rates at the closing mobile home park and the rental housing alternative during the first year of tenancy. Mobile home households may be compensated based on the fair market rents for new construction and substantial rehabilitation for the Los Angeles area as established by the U.S. Department of Housing and Urban Development. Mobile home households may be compensated based on the number of bedrooms in the mobile home so that a one (1) bedroom mobile home may be compensated based on a one (1) bedroom apartment, a two (2) bedroom mobile home based on a two (2) bedroom apartment, etc.
6.
Provision of a replacement space within a reasonable distance of the mobile home park or trailer park.
7.
Mandatory. A requirement that a resident who cannot obtain adequate housing in a rent-controlled mobile home park within fifty (50) miles be compensated by a lump sum payment equal to the in-place market value of the displaced resident's mobile home including resident improvements (i.e., landscaping, porches, carports, etc.) as appraised in accordance with this Section.
8.
A provision for setting aside a certain number of units for the residents of the park if the park is to be converted to another residential use, including with respect to affordable housing units if affordable housing units will be included in the subsequent residential use.
9.
An effective date of RIR approval that commences not less than one (1) year following the date of the approval action, or such longer period, not to exceed three (3) years, as the Planning Commission finds is necessary to provide sufficient time for the relocation of the displaced park residents and mobile homes.
The mitigation measures required shall be subject to Government Code Section 65863.7, as the same may be amended from time to time.
F.
Effective Date of Commission – Decision and Appeal. The decision of the Planning Commission shall become effective and final fifteen (15) days after the date of its decision unless an appeal is filed in accordance with CMC § 9173.4. An appeal shall be considered by the Council as provided in CMC § 9173.4 except that the Director shall advise the appellant within fifteen (15) days after receipt thereof whether it is complete, shall set a date for the appeal hearing not later than thirty (30) days after it is accepted as complete, shall give fifteen (15) days' notice of the hearing to all affected parties in the manner required by subsection (D) of this Section and the Council shall, by resolution, render its findings and decision thereon within forty-five (45) days after the date first set for hearing on the appeal.
G.
Subsequent Modification of Mitigation Measures.
1.
After an RIR has been approved and after the applicant has executed and recorded a certificate of acceptance of the conditions of the RIR, modification of the mitigation measures imposed, including additions and deletions, may be considered upon the filing of a written application by the applicant, or the applicant's authorized representative. Modification may be granted on the grounds that there has been a change in circumstances or new information, which could not reasonably have been known or considered at the time of the hearings on the RIR, has become available. Examples of such new information or changed circumstances include, but are not limited to, revised plans by the applicant and a change in the availability of relocation spaces. Modification shall not be granted when it would unreasonably prejudice the ability of the residents to relocate to comparable housing.
2.
Any application for modification shall be subject to the notice and hearing procedures set forth in subsection (D) of this Section. The decision and any appeal in connection with a modification request shall take place as with the initial approval.
H.
Performance of Mitigation Measures. The applicant shall execute and record a certificate accepting the mitigation measures imposed on the approval of an RIR within ninety (90) days of the final resolution approving the RIR and imposing the mitigation measures and shall give the six (6) month notice of the termination of tenancy and closure of the park within one hundred twenty (120) days of the adoption of that resolution, unless otherwise provided in the resolution. A resolution approving an RIR shall automatically become null and void if the certificate accepting the conditions is not filed and executed within ninety (90) days of the date of the final resolution approving the RIR, or if the notice of termination is not given within one hundred twenty (120) days of the adoption of that resolution or such other date as is provided in the resolution. All mitigation measures imposed in the approval of an RIR shall be fully performed as to each resident prior to that resident's required vacation of the mobile home park or trailer park, unless otherwise provided in the mitigation measure. No resident shall be required to vacate a mobile home/trailer space unless the applicant is in full compliance with all mitigation measures imposed pertaining to such resident, and has otherwise fulfilled the notice requirements of the California Mobile Home Residency Law relating to "Termination of Tenancy" and the notice required in CMC § 4700 through § 4709.
I.
Expiration, Extension and Revocation of RIR.
1.
Expiration. An RIR shall become automatically null and void if the conversion of the mobile home park has not occurred within twelve (12) months of its effective date unless extended as provided in subsection (I)(2) of this Section or unless otherwise provided in the RIR or the resolution of approval of the RIR.
2.
Extension. Upon application by the applicant filed with the Director on or before the date of expiration of the RIR, an RIR may be extended by the Commission, or the Council on appeal, if the Commission finds that the termination of the RIR would constitute an undue hardship to the applicant and that the continuation of the RIR would not be detrimental or have any further adverse impact on the residents in the park. An application for an extension shall be subject to the hearing and notice procedures set forth in subsection (D) of this Section. In approving an extension, the Commission may subject the RIR to any additional mitigation measures deemed necessary to mitigate any adverse impacts resulting from the extension. Multiple extensions may be granted, but no one (1) extension shall be issued for more than twelve (12) months.
3.
Revocation. Proceedings for the revocation of an RIR may be initiated by the Council, the Commission or the Director. Upon initiation of a revocation, the Commission shall conduct a hearing with notice given in the same manner set forth in subsection (D) of this Section, except that notice to the applicant shall be by certified mail or personal service. After the hearing, the Commission may, by resolution, revoke the RIR if any of the following findings are made:
a.
Approval was obtained by fraud, deceit or misrepresentation.
b.
The applicant is not or has not been in compliance with the mitigation measures contained in the RIR or with the provisions of this Section.
c.
A revocation shall be effective fifteen (15) days after the date of the action by the Commission unless an appeal is filed in accordance with CMC § 9173.4. An appeal shall be considered by the Council as provided in CMC § 9173.4.
d.
Upon revocation, the applicant shall not be entitled to convert or change the use of the park until such time as a new RIR is filed and accepted as complete by the Director, a new written notice of change of use is given to park residents and a new RIR is approved by the Commission.
J.
Time Limits. The time limits set forth in subsections (A) through (I) of this Section may be extended with the applicant's consent and waiver of the applicable time limits in writing or orally on the record during a public hearing.
K.
Severability. If any section, subsection, sentence, clause, phrase or portion of subsections (A) through (I) of this Section is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions. The City Council hereby declares that it would have adopted said sections and each subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one (1) or more of said sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional.
Effect on Pending Applications. Any completed RIR application pending upon the effective date of this Section shall continue to be processed and the applicant shall have thirty (30) days in which to provide any further information required by this Section.
(Ord. 23-2304 § 3; Ord. 92-966 § 6; Ord. 92-965 §§ 1 – 9; Ord. 89-882 §§ 1 – 12; Ord. 82-618 § 2; Ord. 82-589U § 1)
§ 9128.31 Subdivision Directional Signs - Regulation.
No sign providing travel directions to a subdivision or other development shall be located or erected in any zone unless authorized by the Director in accordance with the provisions of CMC § 9128.32 through § 9128.35.
Any person, firm or corporation violating any provision of this Section shall be guilty of an infraction and shall be punishable as provided in Chapter 2 of Article I of this Code.
(Ord. 79-479 § 6)
§ 9128.32 Subdivision Directional Signs - Application.
A person desiring to erect and maintain one (1) or more subdivision directional signs shall apply therefor to the Director concurrently with one (1) or more building permit applications for construction in the development to which the signs refer.
In the application, the applicant shall quote exactly the message to be placed upon each sign and shall list all existing subdivision directional signs for the same subdivision development. A plot plan and elevation plan shall be provided showing the location and design of each sign. Both the owner of the sign and the applicant shall sign the application. No fee shall be required for such application.
§ 9128.33 Subdivision Directional Signs - Specifications.
The written and illustrative message on each subdivision directional sign shall be the same as quoted in the application and as shown on the elevation plan except as otherwise permitted or required by the Director, and shall be limited to necessary travel directions, the name of the land development project to which it pertains, a characteristic trademark or insignia and other such information describing the character of the development as may be specifically approved by the Director, provided, however, that such information shall be auxiliary to said sign's primary purpose of providing travel directions. Said sign shall not contain any other advertising.
An unobstructed open space shall be maintained to a height of eight (8) feet below each sign except for structural supports. Where topographic features create an unnecessary hardship or unreasonable regulation or make it obviously impractical to require compliance with this provision, the Director may modify this requirement.
Not more than four (4) sign structures containing not more than a total of eight (8) sign faces shall be permitted at any one time for a development, regardless of the number of units, tract maps or phases within the total development.
Such signs shall be located only within four (4) miles from the exterior boundary of the development to which they relate.
Such signs shall not be located within the right-of-way of any street or alley, or along an established or existing freeway which has been designated as a freeway route by the State of California, or along a scenic highway.
Identification shall be placed on each such sign indicating the permit number, sign owner and expiration date.
§ 9128.34 Subdivision Directional Signs - Agreement and Deposit.
The Director shall require with each application, as a condition of approval, the deposit of a cash performance bond in the amount of $600.00 per sign structure and an agreement signed by the applicant, the owner of the sign and the owner of the property on which the sign is to be placed, by which such persons agree that the City may enter the property upon which the sign is located and remove it if such sign is not removed and the site thereof restored to a neat and orderly condition within five (5) days after the termination of the permit. The said applicant and owners also shall agree that if such sign is not so removed by them within said five (5) days and the site restored, the City may retain the deposit as liquidated damages.
§ 9128.35 Subdivision Directional Signs - Time Limit.
No subdivision directional sign shall be permitted for a period of more than two (2) years, except the Director may grant time extensions of one (1) year each.
§ 9128.4 Home Occupations.
Home occupations may be conducted by the occupants of a dwelling, provided:
The home occupation is secondary and incidental to the principal use of the property for residential purposes.
The character of the structure and premises is not changed from a residential character. The appearance of the structure shall not be altered in any way, nor may the conduct of the occupation within the structure be such that the structure can be recognized as serving a nonresidential use (either by color, materials of construction, lighting, sounds or noises, vibrations, electrical interference or otherwise).
There is no storage of materials and/or supplies either indoors or outdoors and no accessory building or space outside the main building is used for home occupational purposes, except that the garage may be used for storage; provided, that such storage does not interfere with required off-street parking spaces.
No persons, other than members of the resident family, are employed in such occupation.
No equipment is used which will increase the need for utilities or community facilities beyond that usually required for residential purposes.
Not more than one (1) room in the dwelling is used for the home occupation.
No sale of goods is made on the premises.
There is no stock in trade nor display maintained on the premises.
No sign and/or structure is exhibited other than those otherwise permitted in the zone in which located.
The use does not require material or equipment recognized as not being normally used by residents or hobbyists in households, except that light business machines are permitted.
The use does not generate pedestrian or vehicular traffic beyond that normal to the zone in which it is located.
The use does not involve deliveries of materials to or from the premises by commercial delivery vehicles.
Any person, firm or corporation violating any provision of this Section shall be guilty of an infraction and shall be punishable as provided in Chapter 2 of Article I of this Code.
(Ord. 11-1479 § 5; Ord. 88-836 § 2; Ord. 79-479 § 6)
§ 9128.51 Multiple-Family Dwelling - Multiple-Family Dwelling.
Every Conditional Use Permit for a multiple-family dwelling shall be subject to the development standards and criteria set forth in CMC § 9128.54 through § 9128.55 regardless of whether such conditions are specifically set forth in the Conditional Use Permit. In granting a Conditional Use Permit, additional conditions may be imposed.
(Added by Ord. 85-720 § 10)
§ 9128.52 Multiple-Family Dwelling - Existing Multiple-Family Dwellings.
Existing multiple-family dwellings which do not comply with the provisions of CMC § 9128.54 shall be nonconforming uses and shall be allowed to continue operation without a Conditional Use Permit and without complying with the development standards set forth in CMC § 9128.54.
(Added by Ord. 85-720 § 10)
§ 9128.53 Multiple-Family Dwelling - Application for Conditional Use Permit.
The application for a Conditional Use Permit for a proposed multiple-family dwellings project shall include the following information, in the number of copies and degree of detail which the Director determines to be sufficient for the Commission to evaluate the project:
A complete legal description of the property and a boundary map showing the existing topography of the site and the location of all existing easements, structures and other improvements, and trees over six (6) inches in diameter.
Dimensioned schematic development plans consisting of at least a site plan, garage plan, typical floor plan, building elevations showing natural grades, transverse and longitudinal sections showing natural grades, transverse and longitudinal sections showing natural grades and a conceptual landscaping plan for the project as a whole.
A tabular analysis showing how the project compares to the minimum standards for multiple-family dwellings.
Typical detailed sections of the types of wall and floor/ceiling construction that would be used in both common and interior partition walls within the project, including either published data from a recognized testing laboratory or a statement from a licensed acoustical engineer or the City Building Official as to the STC (Sound Transmission Class) and IIC (Impact Insulation Class) of the proposed type of construction.
Such other information which the Commission or Director determines is necessary to evaluate the proposed project.
(Added by Ord. 85-720 § 10)
§ 9128.54 Multiple-Family Dwelling - Development Standards.
The Commission shall require, except as noted above, that all multiple-family dwellings conform to all ordinances of the City and all of the following multiple-family dwelling Development Standards:
Private Open Space. Notwithstanding the minimum total amount of usable open space required for a multiple-family dwelling project and the minimum dwelling unit size, each of the individual units shall have an appurtenant private patio, deck, balcony, atrium or solarium with a minimum area of one hundred fifty (150) square feet, except that one (1) bedroom and zero bedroom units shall have a minimum of one hundred thirty (130) square feet. Such space shall have a configuration that will allow a horizontal rectangle or square of one hundred (100) square feet in area and a minimum dimension of seven (7) feet to be placed in said space. The space shall be designed for the sole enjoyment of the unit tenant(s) and guests, and shall have at least one (1) weatherproofed, duplex electrical convenience outlet. Additionally, such space shall be at the same level as, and immediately accessible from, either a kitchen, dining room, family room or living room within the unit. The Commission may evaluate each project on its own merit in regard to the type, configuration and characteristics of the development, including unit mix pertaining to the number of bedrooms per unit and percentage thereof, and may allow variations from the above dimensional standards where it can be shown that the required private open space meets the intent and purpose of this Section.
Length of and Separation Between Buildings. Each detached residential building within a multiple-family dwelling project shall have a linear horizontal distance no greater than six (6) units in length. The spacing between main residential buildings within multiple-family dwelling projects shall be at least ten (10) feet, except where a parking space is proposed therein, in which case there shall be at least fifteen (15) feet between main buildings. Where an individual unit fronts on an interior courtyard, the separation from an adjacent main residential building shall be a minimum of twenty (20) feet. When main residential buildings are proposed to be separated by less than twenty (20) feet, the buildings shall not have windows, balconies, or patios directly opposing each other except for windows which open into stairwells or are located within vaulted ceiling areas where the height of the bottom of the window is no less than six (6) feet from the floor. When a project is designed with windows, balconies or patios that are part of an individual unit and the separation between buildings is less than fifteen (15) feet, the Commission shall evaluate the project to ensure that adequate light, air, ventilation, and privacy of all the residential units is provided and may require additional spacing up to twenty (20) feet to ensure the provision of these elements, and allow for separation of building masses and higher quality of design.
Landscaping Requirements. One (1) specimen-size tree (thirty (30) inch box tree) shall be provided for each unit. Specimen trees existing on a site prior to development shall be identified on the proposed site plan and shall not be removed without prior written approval from the Director of Community Development. Existing specimen trees may be used to satisfy the landscaping requirement.
Recreational Facilities. All projects one-half (1/2) acre or larger shall contain a children's playground with an area based on the following formula: seventy (70) square feet for each two (2) bedroom unit and one hundred forty (140) square feet for each three (3) or more bedroom unit in the project. In no event shall the playground be less than thirteen hundred (1,300) square feet. All projects one (1) acre or larger shall contain a clubhouse or meeting room in addition to the aforementioned playground. Individual features of said playground and club house or meeting room are subject to the approval of the Director of Community Development.
Private Storage Space. Each unit within the project shall have at least two hundred (200) cubic feet of enclosed, weatherproofed and lockable storage space for the sole use of the unit tenant(s).
Such space shall have a minimum horizontal interior dimension of three and one-half (3-1/2) feet. The space, if a reach-in type, shall have an opening of three and one-half (3-1/2) feet by six (6) feet, or if a walk-in type, shall have a minimum clear access opening of two and one-half (2-1/2) feet by six and two-thirds (6-2/3) feet. |
Such space may be provided within individual storage lockers, cabinets or closets in any location approved by the Commission, but shall not be split among two (2) or more locations. Moreover, since it is the intent of this standard to require space over and above that normally associated with the day-to-day functioning of the unit, the Commission shall exercise reasonable discretion in differentiating between such required private storage space and guest, linen or clothes closets or food pantries that are customarily within the unit. Thus, while providing such private storage space within the limits of the unit is not precluded, it shall be over and above that which would otherwise be provided within the unit. |
Off-Street Parking. Each multiple-family dwelling project shall provide off-street parking in accordance with the provisions of CMC § 9162.21.
Not more than thirty (30) percent of the total required spaces designated for guests may be designed and reserved for the parking of compact automobiles. Such spaces shall be so designated either by signing or marking. |
Treatment of Utilities.
Plumbing Shut-off Valves. Water supply lines to each unit within the project shall be fitted with shut off valves of either a hand valve or screw stop type. If there are extenuating circumstances which make the installation of such valves impractical, the Commission may approve a system which provides individual shut-off valves ahead of each fixture within the unit. A shut-off valve shall also be provided ahead of each water supplied appliance not contained within a unit. |
Drip Pans. Hot water heaters and any other appliances which the Building Official determines to be a potential source of water leakage or flooding shall be installed with built-in drip pans and a one and one-quarter (1-1/4) inch minimum diameter drain line leading to a safe point of disposal outside the building. The end of said drain shall be provided with a removable screen to prevent insect entrance to the unit. Drip pans may be omitted where appliances are located in the garages that are constructed such that any water leakage cannot damage the common wall between units or find its way into an adjoining unit. |
Utility Meters. With the exception of water supply and central heating and/or air conditioning, each utility that is controlled and consumed within the individual unit shall be separately metered in such a way that the unit owner can be separately billed for its use. |
Circuit Breaker. Each unit shall have its own circuit breaker panel for all electrical circuits and outlets which serve the unit. Such panel shall be accessible without leaving the unit. |
Isolation of Vibration and Sources of Structure-borne Noise in Multiple-family Dwelling Projects Where Units Have Common Walls and/or Floor and Ceiling.
Shock Mounting of Mechanical Equipment. All permanent mechanical equipment such as motors, compressors, pumps and compactors which, because of their rotation, reciprocation, expansion and/or contraction, turbulence, oscillation, pulsation, impaction or detonation, are determined by the Building Official to be a source of structural vibration or structure-borne noise shall be shock mounted with inertia blocks or bases and/or vibration isolators in a manner approved by the Building Official. Domestic appliances which are cabinet installed or built into the individual units, such as clothes washers and dryers, or other appliances which are determined by the Building Official to be a source of structural vibration or structure-borne noise, shall be isolated from cabinets and the floor or ceiling by resilient gaskets and vibration mounts approved by the Building Official. The cabinets in which they are installed should be offset from the back wall with strip gasketing of felt, cork or similar material approved by the Building Official. Where such appliances utilize water, flexible connectors shall be installed on all water lines. If provision is made within the units for the installation of nonpermanent appliances such as clothes washers and dryers, then permanent rubber mounting bases and surface plates shall be installed in a manner approved by the Building Official. |
Location of Plumbing Fixtures. No plumbing fixture, except pullman mounted lavatories, shall be located on a common wall between two (2) separate units where it would back up to a living room, family room, dining room, den or bedroom of an adjoining unit. |
Separation of Vents and Lines. No common water supply lines, vents, or drain lines shall be permitted for contiguous units unless there is at least eight and one-half (8-1/2) feet of pipe between the closest plumbing fixtures within the separate units. The Building Official may approve other methods of isolating sound transmission through plumbing lines where their effectiveness can be demonstrated. |
Isolation and Insulation of Lines. All water supply lines within the project shall be isolated from wood or metal framing with pipe isolators specifically manufactured for that purpose and approved by the Building Official. In multistory projects, all vertical drainage pipe, except piping serving only one (1) unit that is located in a wall that is not common to any other unit, shall be surrounded by three-quarters (3/4) inch thick dense insulation board or full thick fiberglass or wool blanket insulation for its entire length except the sections that pass through wood or metal framing. |
Attenuation of Noise.
General. Wall and floor/ceiling assemblies separating units from each other or from public or quasi-public spaces such as interior corridors, laundry rooms, recreation rooms and garages shall provide airborne sound insulation for walls, and both airborne and impact sound insulation for floor/ceiling assemblies. |
Airborne Sound Insulation. All wall assemblies enumerated or alluded to in the previous paragraph shall be of a type of construction that has a minimum rating of 58 STC (Sound Transmission Class). All floor/ceiling assemblies enumerated or alluded to in the previous paragraph shall be of a type of construction that has a minimum rating of 50 STC. Wood floor joists and subflooring shall not be continuous between separate units. Penetrations or openings in the construction for piping, electrical outlets and devices, recess cabinets, bathtubs, soffits and heating, ventilating and/or air conditioning intake and exhaust ducts, and the like, shall be sealed, lined, insulated or otherwise treated to maintain the required rating and such treatment shall be approved by the Building Official. Entrance doors to the unit shall be of solid construction and, together with perimeter seals, shall have a minimum rating of 30 STC. Such perimeter seals shall be maintained in effective operating condition. |
Impact Sound Insulation. All separating floor/ceiling assemblies enumerated or alluded to above shall be of a type of construction that has a minimum rating of 69 IIC (Impact Insulation Class). Floor coverings may be included in the assembly to obtain the required ratings, but must be retained as a permanent part of the assembly and may only be replaced by another floor covering that provides the same or greater impact insulation. |
Verification of Sound Class. STC and IIC ratings shall be based on the results of laboratory measurements and will not be subjected to field testing. The STC rating shall be based on the American Society for Testing and Materials system specified in ASTM B90-66t or equivalent. The IIC rating shall be based on the system in use at the National Bureau of Standards or equivalent. Ratings obtained from other testing procedures will require adjustment to the above rating systems. |
(Ord. 92-977 § 3; Added by Ord. 85-720 § 10)
§ 9128.55 Multiple-Family Dwelling - Development Criteria.
There are important considerations relative to each proposal for multiple-family development usage and to each proposed site that do not lend themselves to specific development standards. The following criteria shall apply to proposals for multiple-family development usage made pursuant to the provisions of CMC § 9128.51 through § 9128.55, and shall serve as a basis for the evaluation of accepted and appropriate planning and architectural techniques necessary for the orderly development of the City, and concurrently shall give substance to the policies necessary to achieve the purposes of these sections:
The project should be a comprehensive and integrated design, providing for its own open space, off-street parking and amenities for contemporary living. Insofar as the scale of the project allows, open space, walkways and other areas for people should be separated from parking areas, driveways and other areas for automobiles.
Architectural unit and harmony should be achieved both within the project and between the project and the surrounding community so that the project does not constitute a disruption to the established fabric of the community.
The layout of structures and other facilities should effect a conservation in street, driveway, curb cut, utility and other public or quasi-public improvements. Structures should be designed to minimize, within the context of accepted architectural practice, the consumption of natural resources either directly or indirectly (e.g., gas, water, electricity).
The project should be designed to maintain as much of the natural topography, large trees and environment as practical.
The configuration and orientation of the project should respect reasonable design limits imposed by the natural and manmade environment. Structures should be situated to take advantage of view, topography, sun and wind, while at the same time not destroying these advantages for adjacent properties. Structures should also be situated to minimize or buffer any undesirable characteristics of the site such as street noise and nearby obnoxious commercial or industrial uses.
The layout of units and open space within the project should establish, through the use of structure and landscape materials, a perceptible spatial transition from the public street, through the semi-privacy of the common areas, to the privacy of the unit. Most importantly, the environment of each unit should be private and free from visual, audible and other intrusions.
(Added by Ord. 85-720 § 10)
§ 9128.6 Reserved.
Repealed by Ord. 16-1590.
(Added by Ord. 1079, Exh. A)
§ 9128.7 Single-Room Occupancy Housing.
A.
Transitional housing, including efficiency residential units, also known as single-room occupancy ("SRO"), shall be subject to and comply with the standards and regulations as follows:
1.
Each SRO shall comply with all applicable development standards for the applicable zoning district and minimum standards contained hereinbelow.
2.
Units shall have a minimum size of one hundred fifty (150) square feet and a maximum of four hundred (400) square feet.
3.
Each unit shall accommodate a maximum of two (2) persons.
4.
Exterior lighting shall be provided for the entire outdoor and parking area of the property per the lighting standards described in CMC § 9127.1 (Exterior Lighting).
5.
Laundry facilities must be provided in a separate enclosed room at the ratio of one (1) washer and one (1) dryer for every twenty (20) units or fractional number thereof, with at least one (1) washer and dryer per floor.
6.
A cleaning supply room or utility closet with a wash tub with hot and cold running water shall be provided on each floor of the SRO facility.
7.
Each unit is required to provide a separate bathroom containing a water closet, lavatory and bathtub or shower.
8.
Each unit shall be provided with a kitchen sink, functioning cooking appliance and a refrigerator, each having a clear working space of not less than thirty (30) inches in front.
9.
Each SRO unit shall have a separate interior closet.
10.
SRO units shall comply with all requirements of the California Building Code. All units shall comply with all applicable accessibility and adaptability requirements. All common areas shall be fully accessible.
11.
An SRO facility shall not be located within five hundred (500) feet of any other SRO facility, emergency shelter, or other similar program, unless such program is located within the same building or on the same lot.
12.
An SRO facility with ten (10) or more units shall provide on-site management. A facility with less than ten (10) units may provide a management office off site.
13.
Tenancy of SRO units shall not be less than thirty (30) days and maximum period of twelve (12) months.
14.
Parking shall be provided as follows:
a.
One (1) uncovered parking space for every three (3) SRO units.
b.
Two (2) uncovered parking spaces for an on-site manager unit.
c.
Each SRO unit shall be provided at least one (1) lockable bicycle parking space in a location that is adjacent to that SRO unit.
15.
Applications for an SRO unit or facility shall be processed in a manner consistent with procedures for multiple-family residential projects.
(Ord. 13-1525 § 6)
§ 9128.81 Second Primary Units and Two (2) Unit Developments - Purpose.
The purpose of CMC § 9128.81 through § 9128.88 is to establish procedures and standards for the approval and creation of second primary units and two (2) unit developments in accordance with the requirements of Government Code Section 65852.21.
(Ord. 22-2210 § 10)
§ 9128.82 Second Primary Units and Two (2) Unit Developments - Ministerial Review – Standard for Denial – Courtesy Notice.
A.
Notwithstanding any other provision of this Code, an application for a second primary unit or a two (2) unit development shall be considered ministerially, without discretionary review or a hearing, and shall be approved if it meets all of the requirements in CMC § 9128.81 through § 9128.88.
B.
An application for a second primary unit or a two (2) unit development shall be reviewed by the Director.
C.
The decision of the Director may be appealed in accordance with CMC § 9173.4.
D.
Notwithstanding subsection (A) of this Section, the City may deny an application for a second primary unit or two (2) unit development if the Building Official makes a written finding, based upon a preponderance of the evidence, that the proposed second primary unit or two (2) unit development would have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
E.
At least seven (7) days prior to making a determination on an application for a second primary unit or two (2) unit development, the Director shall mail a courtesy notice to the owner(s) of each property immediately adjacent to the property where the proposed development will be located informing the owner(s) of the submitted application.
(Ord. 22-2210 § 10)
§ 9128.83 Second Primary Units and Two (2) Unit Developments - Requirements.
Proposed second primary units and two (2) unit developments:
A.
Shall be located in an RS zoning district;
B.
Shall not be located on a parcel that is any of the following, as more particularly described and defined in Government Code Sections 65913.4(a)(6)(B) through (a)(6)(K):
1.
Prime farmland, farmland of Statewide importance, or land zoned or designated for agricultural protection by an approved local ballot measure;
2.
Wetlands;
3.
Within a very high fire hazard severity zone as determined by the Department of Forestry and Fire Protection, unless the site has adopted fire hazard mitigation measures pursuant to existing building standards or State fire mitigation measures;
4.
A hazardous waste site that has not been cleared for residential use;
5.
Within a delineated earthquake fault zone unless the development complies with all applicable State and local seismic protection building code standards;
6.
Within a special flood hazard area subject to inundation by a one hundred (100) year flood, unless:
a.
The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the City; or
b.
The site meets Federal Emergency Management Agency requirements necessary to meet minimum floodplain management criteria of the National Flood Insurance Program;
7.
Within a regulatory floodway, unless the development has received a no-rise certification;
8.
Lands identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan;
9.
Habitat for protected species; or
10.
Land under a conservation easement;
C.
Shall not require or allow the demolition or alteration of any of the following types of housing:
1.
Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
2.
Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.
3.
Housing that has been occupied by a tenant in the last three (3) years;
D.
Shall not require or allow the demolition of more than twenty-five (25) percent of the existing exterior structure walls on the parcel if the parcel has been occupied by a tenant in the last three (3) years;
E.
Shall not be located on a parcel on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within fifteen (15) years before the date that the development proponent submits an application;
F.
Shall not be located within a historic district or on property included on the State Historic Resources Inventory, as defined in Public Resources Code Section 5020.1, or within a site that is designated or listed as a City or County landmark or historic property or district pursuant to a City or County ordinance.
(Ord. 22-2210 § 10)
§ 9128.84 Second Primary Units and Two (2) Unit Developments - Development Standards.
A second primary unit, and both of the units in a two (2) unit development, shall comply with all of the following development standards:
A.
Configuration. A second primary unit may be attached to or detached from the primary dwelling unit on the parcel, subject to CMC § 9128.83(C) and (D).
B.
Size. A second primary unit, and both of the units in a two (2) unit development, shall be no larger than eight hundred (800) square feet in floor area each.
C.
Height. A second primary unit, and both of the units in a two (2) unit development, shall be no taller than sixteen (16) feet in height from ground level and shall be one (1) story. The units shall not be located on the second story of a structure unless locating a unit on the second story is the only way to physically allow the construction of a second primary unit or two (2) unit development on a parcel, or to physically allow either the second primary unit or both units of a two (2) unit development to be at least eight hundred (800) square feet in floor area. The units shall not be located on the third or any higher story of a structure.
D.
Setbacks. No setback beyond the existing setback shall be required for an existing permitted structure or for a unit constructed in the same location and to the same dimensions as an existing permitted structure. In all other circumstances, second primary units, and both units of a two (2) unit development, shall be set back at least four (4) feet from the side and rear lot lines.
E.
Parking.
1.
One (1) new off-street parking space is required for a second primary unit and one (1) new off-street parking space per unit is required for each unit of a two (2) unit development. Such parking spaces shall be in addition to all other existing parking spaces on the parcel.
2.
Notwithstanding subsection (E)(1) of this Section, no parking spaces are required for a second primary unit or a two (2) unit development if either:
a.
The parcel is located within one-half (1/2) mile walking distance of either a high-quality transit corridor, as defined in Public Resources Code Section 21155(b), or a major transit stop, as defined in Public Resources Code Section 21064.3; or
b.
There is a car share vehicle located within one (1) block of the parcel.
F.
Separate Entrances. A second primary unit, and both of the units in a two (2) unit development, shall have a separate entrance.
G.
Wastewater.
1.
Prior to issuance of a building permit for a second primary unit or either unit of a two (2) unit development, a video of the sewer lines that will be connected to the unit(s), or another appropriate sewer capacity test, may be required to show there are no sewer line constraints, as determined by the City Engineer. Any sewer line constraints shall be resolved to ensure adequate sewer capacity for all units on the parcel, as determined by the City Engineer, prior to issuance of a building permit.
2.
Prior to issuance of a building permit for a second primary unit or either unit of a two (2) unit development that will be connected to an on-site wastewater treatment system, the applicant shall provide documentation of a percolation test completed within the last five (5) years, or, if the percolation test has been recertified, within the last ten (10) years. If the City Engineer finds that the on-site wastewater treatment system is inadequate to serve the proposed units, the system shall be repaired, replaced, or otherwise modified to ensure adequate capacity for all units on the parcel, as determined by the City Engineer, prior to issuance of a building permit.
H.
Utilities. Second primary units, and both of the units in a two (2) unit development, must each have their own direct utility connection to the utility service provider for water, electric, and gas service.
I.
Tree Replacement. If the construction of a second primary unit or two (2) unit development will result in the removal of one (1) or more trees with a trunk diameter of six (6) inches or greater either on private property or in the public right-of-way, then, as a condition of obtaining a certificate of occupancy, the owner shall plant one (1) new twenty-four (24) inch box tree for each tree removed. Trees planted in the public right-of-way shall be a species approved by the City's Public Works Director.
J.
Additional Development Standards. Second primary units, and each unit of a two (2) unit development, shall comply with all development standards that would be applicable to a primary dwelling unit on the same parcel, except where such standards conflict with the requirements of CMC § 9128.81 through § 9128.88, in which case CMC § 9128.81 through § 9128.88 shall govern.
K.
Limitation on Enforcement of Development Standards. With the exceptions of the setback requirements in subsection (D) of this Section and the requirement to comply with all building codes, the City shall not enforce any development standard to the extent that it would have the effect of physically precluding the construction of a second primary unit or two (2) unit development on a parcel, or would physically preclude either the second primary unit or both units of a two (2) unit development from being at least eight hundred (800) square feet in floor area.
(Ord. 22-2210 § 10)
§ 9128.85 Second Primary Units and Two (2) Unit Developments - Total Number of Units.
A.
CMC § 9128.81 through § 9128.88 do not authorize or require the approval of more than two (2) primary dwelling units on a single parcel. For purposes of this subsection, "primary dwelling units" means dwelling units other than accessory dwelling units or junior accessory dwelling units.
B.
Notwithstanding any other provision in CMC § 9128.81 through § 9128.88, the approval of second primary units and two (2) unit developments on a parcel that was created through an urban lot split shall be limited as described in CMC § 9210.7.
(Ord. 22-2210 § 10)
§ 9128.86 Second Primary Units and Two (2) Unit Developments - Design Standards.
A.
Second primary units, and each unit of a two (2) unit development, shall comply with all objective design standards that would be applicable to a primary dwelling unit on the same parcel.
B.
The architectural design and detailing, roof material, exterior color, and finish materials of a second primary unit shall be the same as those of the primary dwelling unit. Both units of a two (2) unit development shall have identical roof material, exterior color, and finish materials.
(Ord. 22-2210 § 10)
§ 9128.87 Second Primary Units and Two (2) Unit Developments - Rental Term – Separate Conveyance.
A.
Second primary units and the units in a two (2) unit development shall not be rented for a term of less than thirty-one (31) consecutive days.
B.
A second primary unit may not be turned into a condominium or otherwise sold separately from the other primary unit on the parcel. The units in a two (2) unit development may not be turned into condominiums or otherwise sold separately from one another.
(Ord. 22-2210 § 10)
§ 9128.88 Second Primary Units and Two (2) Unit Developments - Deed Restriction.
As a condition of approval of, and prior to the issuance of a building permit for, a second primary unit or two (2) unit development, the property owner shall execute a deed restriction, in a form approved by the City Attorney, which shall be recorded on the property and shall require that the second primary unit or two (2) unit development only be used and developed in accordance with the requirements in CMC § 9128.81 through § 9128.87. Violation of the deed restriction shall be considered a violation of this Code and may be enforced in a manner that this Code may be enforced.
(Ord. 22-2210 § 10)
§ 9131.1 Uses Permitted.
Uses are permitted in the commercial zones as indicated in the following table:
USES PERMITTED IN COMMERCIAL ZONES | |
|---|---|
Legend | |
X. | Automatically permitted use. |
L. | Automatically permitted use provided special limitations and requirements are satisfied as noted herein or in Division 8 of this Part. |
D. | Use permitted subject to the approval of the Director. |
LD. | Use permitted provided special limitations and requirements are satisfied as noted herein, in Division 8 of this Part and in Division 8 of Part 2, and subject to the approval of the Director. |
C. | Use permitted upon approval of a conditional use permit. |
CC. | Use permitted upon approval of the City Council as prescribed, under other provisions of the Carson Municipal Code. |
All commercial uses permitted by this Part shall be subject to the requirements contained in CMC § 9172.23, Site Plan and Design Review, except temporary uses. (See CMC § 9131.1.) | |
DA. | Use permitted upon approval of a development agreement by the City Council subject to the requirements contained in Chapter 15 of Article VI. |
ZONES | ||||||
|---|---|---|---|---|---|---|
CN | CR | CG | CA | MU-CS | MU-SB | |
Retail Sales:* | ||||||
* Alcoholic beverage sales, food services, and vehicle services are listed under separate headings. | ||||||
Department stores, variety stores, and specialized stores for apparel, items for personal use, household items, plants and flowers, and supplies and small equipment for businesses, including antiques** but no other secondhand items. Swap meets and flea markets, as defined in CMC § 9191.670, are prohibited. | X | X | X | X | X | |
** Incidental restoration permitted. | ||||||
Convenience stores. | C | C | C | |||
Discount stores. | C | C | ||||
Indoor mini-mart, auction house. | C | C | ||||
Building materials other than ornamental brick, stone, tile, or flagstone. (Incidental storage of sand, gravel, or rock limited to 2,000 tons total.) | L | L | ||||
Ornamental brick, stone, tile or flagstone. (See CMC § 9133.1.) | C | |||||
Monuments, tombstones, statuary. | X | |||||
Feed and grain. | X | |||||
Secondhand store, pawn shop. | X | |||||
Retail Services:* | ||||||
* Alcoholic beverage services, food services, and vehicle services are listed under separate headings. | ||||||
Personal Services: | ||||||
Barber shop, beauty shop, reducing salon, manicure parlor. | X | X | X | X | X | |
Clothing services – laundry or dry cleaning agency, self-service laundry or dry cleaning, hand laundry, sponging and pressing, tailor, dressmaker, seamstress, shoe repair. | X | X | X | X | X | |
Animal services – dog clip and wash, veterinary office or clinic (no animal hospital or kennel). (See CMC § 9131.13(D).) | X | X | X | C | C | |
Animal hospital or clinic. | X | X | X | |||
Mortuary. (See CMC § 9133.1.) | C | |||||
Adult business. (See CMC § 9133.1 and § 9138.9; in MUR overlay district, see CMC § 9131.13(D).) | C | C | ||||
Massage service. (See CMC § 63134, § 63135, § 9133.1 and § 9138.91.) | C | C | C | C | ||
Tattoo service. (See CMC § 9133.1 and § 9138.92.) | C | C | C | |||
Mechanical and repair services: | ||||||
Locksmith,* watch repair, small appliance repair, radio and television repair, computer repair, bicycle repair. | X | X | X | X | X | |
Fix-it shop.* | X | X | X | |||
Furniture redecorating, restoration and upholstering; glass repair, installation or glazing; screen repair; plumbing shop; lawnmower sharpening. | X | X | ||||
* Incidental lawnmower sharpening permitted. | ||||||
Parcel delivery service. | X | X | X | |||
Graphic arts services: | ||||||
Copying, addressographing, mimeographing, photostating, instant printing, blueprinting, silk screening, photography,** picture framing.*** | X | X | X | X | X | |
Photo-finishing, film developing. | X | |||||
** Incidental photo-finishing and film developing permitted. | ||||||
*** Incidental frame construction permitted. | ||||||
Studios: | ||||||
Costume design, interior decoration, photography, writing, drama, dance, music, arts and crafts (including stained glass). | X | X | X | X | X | |
Stained glass assembly. | X | |||||
Radio, television, recording. | X | X | ||||
Motion pictures – indoor. (See CMC § 9133.1.) | C | |||||
Offices: | ||||||
Business, professional, financial, insurance, real estate, utility payments, telegraph, telephone answering service, messenger service, advertising, newspaper or publishing (no printing), ticket agency, travel agency, employment agency, collection agency, detective agency, security service, bail bondsman, check cashing. (See CMC § 9138.17 and § 9138.18.) | X | X | X | L | L | |
Payday loans. (See CMC § 9182.28.) | C | C | C | |||
Drive-through banks. | X | X | X | C | ||
Wholesale business, manufacturer's agent, broker (no storage or deliveries other than samples). | L | L | L | X | ||
Food Sales and Service:* | ||||||
* Alcoholic beverage sales and services are listed under separate headings. | ||||||
Restaurant* (including refreshment stands, soda fountain). (See CMC § 9133.1, § 9138.17 and § 9138.18.) | X | X | X | C | X | X |
Drive-in or drive-through restaurants. (See CMC § 9133.1 and § 9138.17.) | X | X | X | C | C | |
Restaurant, coffee shop, snack shop with outdoor dining space within the limits of the restaurant frontage, provided there is a 7-foot minimum clear path of travel on the sidewalk without obstruction. | X | X | ||||
Food store – grocery, fish, meat, fruits and vegetables, retail bakery, pastry, candy, health food, take-out food, tobacco shop. | X | X | X | X | X | |
Poultry shop (no live poultry or slaughtering). | L | L | L | |||
Food catering (only direct retail sales or retail distribution). | X | X | X | X | ||
Dog or cat food catering (retail only). | X | X | X | |||
Alcoholic Beverage Sales and Services: | ||||||
Alcoholic beverage sales in conjunction with a department store or supermarket. | X | X | X | X | X | |
Alcoholic beverage sales in conjunction with variety store, drug store, mini-market, drive-through market, food store or grocery store excluding a supermarket, take-out food, liquor store (subject to the requirements of CMC § 9138.5). | C | C | C | C | C | C |
Alcoholic beverage sales and service in conjunction with cocktail lounge, bar, indoor theater, or an eating establishment other than a bona fide restaurant. (See CMC § 9138.5 and § 9138.17.) | C | C | C | C | ||
Alcoholic beverage sales and service in conjunction with an arcade, pool hall, billiards, card room, or a bowling alley. (See CMC § 9138.4 and § 9138.5.) | C | C | C | |||
Alcoholic beverage sales and service in conjunction with Class I entertainment per CMC § 63125. (See CMC § 9138.18.) | C | |||||
Night club. (See CMC § 9138.5 and § 9138.17.) | C | C | C | C | ||
Alcoholic beverage sales and service in conjunction with a bona fide restaurant. (See CMC § 9138.18.) | X | X | X | X | X | X |
Vehicle Sales and Service:* | ||||||
* See CMC 9131.13(D) for properties in an MUR overlay district. | ||||||
Sales: | ||||||
Automobile service station, subject to the requirements of CMC § 9138.14. (See CMC § 9133.1.) | C | C | ||||
Automobile/vehicle washing, subject to the requirements of CMC § 9138.14. | C | C | C | C | ||
Automobile parts (new).* | X | X | X | X | ||
Motorcycles or motorscooters (new).* (See CMC § 9138.15.) | X | X | L | |||
Automobiles, recreation vehicles, and trucks not over 2-ton capacity (new).* (See CMC § 9138.15.) | L | L | L | |||
Automobiles, recreation vehicles, and trucks not over 2-ton capacity (used – as accessory use).* (See CMC § 9138.15.) | L | L | ||||
Automobiles, recreation vehicles, and trucks not over 2-ton capacity (used – as primary use).* (See CMC § 9138.15.) | C | |||||
Recreation vehicles, over 2-ton capacity (new).* (See CMC § 9133.1 and § 9138.15.) | X | C | L | |||
Recreation vehicles, over 2-ton capacity (used – as accessory use).* (See CMC § 9133.1 and § 9138.15.) | C | L | ||||
Travel trailers or trailers, not over 2-ton capacity (new).* | L | L | ||||
Travel trailers or trailers, not over 2-ton capacity (used).* | L | |||||
Trucks, trailers, over 2-ton capacity (new).* | X | C | ||||
Trucks, trailers, over 2-ton capacity (used).* | C | |||||
Recreation vehicles, rental and leasing. (See CMC § 9138.15(C).) | L | |||||
Boats and accessory equipment. | C | L | ||||
Auctions for used automobiles, recreational vehicles, travel trailers, trucks or trailers, motorcycles or motorscooters, and related equipment and miscellaneous goods. (See CMC § 9138.21.) | L | L | C | |||
* See CMC 9132.2 for incidental uses permitted. Also subject to the provisions of CMC 9138.2. | ||||||
Rental and leasing: | ||||||
All vehicles up to 2-ton capacity. | L | |||||
All vehicles over 2-ton capacity. | C | |||||
Repair of all vehicles up to 2-ton capacity (no boats): | ||||||
Automobile/vehicle service and repair. | C | C | C | |||
Transportation-Related Uses: | ||||||
Automobile parking lot or parking building (no long-term vehicle storage, no storage of inoperable vehicles). | X | X | X | X | X | |
Shared parking facilities. (See CMC § 9133.1.) | C | C | C | C | C | C |
Passenger station – bus or rail; taxi stand. | X | X | X | X | ||
Heliports, helistops. | C | C | ||||
Access to other property lawfully used for purposes not permitted on subject property: | ||||||
Access to residential use. | X | X | X | D | X | X |
Access to nonresidential use, provided the Director finds no available alternative access is preferable and the character of the area will not be adversely affected. | D | D | ||||
Communications and Utilities: | ||||||
Post office. | X | X | X | |||
Oil wells. (See CMC § 9500 – 9537, Oil and Gas Code.) | C* | C* | ||||
* Development agreement provisions apply as specified in CMC 9502 and 9508. | ||||||
Telephone exchange. | X | |||||
Amateur radio station. | X | X | X | |||
Gas distribution meter or control station (landscaping or screening required to the satisfaction of the Director). | L | L | L | L | ||
Gas measurement station (not less than 300 feet from any residential zone, public school, public park, hospital or long-term health care facility). (See CMC § 9133.1.) | C | C | L | |||
Electric distribution substation. (In the CG Zone, landscaped yard areas to the satisfaction of the Director to be provided adjacent to street rights-of-way. Facilities to be enclosed by solid fence or wall in accordance with applicable regulations of the State of California and other local regulations.) (See CMC § 9133.1.) | C | C | L | |||
Pumping station, water well. (In the CG Zone, landscaping of site and screening of facilities required to the satisfaction of the Director.) (See CMC § 9133.1.) | C | C | L | C | ||
Water reservoir. (See CMC § 9133.1.) | C | C | C | |||
Education: | ||||||
Elementary or secondary school – public or private; professional school; business school; barber or beauty school; school of arts, crafts, dance, photography, writing, drama or music. | X | X | X | X | X | |
Physical training school – gymnastics, martial arts. | X | X | X | X | X | |
Swimming school – indoor or outdoor. | X | X | ||||
Recreation:* | ||||||
* Alcoholic beverage sales and services are listed under separate headings. | ||||||
Indoor team training facility. (See CMC § 9162.21 and § 9191.303.) | X | X | X | |||
Pool hall, billiards, card room. (See CMC § 9138.17 and § 9138.18.) | X | X | X | C | C | |
Bowling alley. (See CMC § 9131.13(D).) | X | X | X | C | ||
Bowling alley as an accessory use. | X | X | X | C | C | |
Health club. | X | X | X | C | ||
Arcade (subject to the requirements of CMC § 9138.4). | C | C | C | |||
Public park or playground. | X | X | X | |||
Driving skill course. | C | C | ||||
Indoor rink – roller skating, skateboards, ice skating. | X | X | X | |||
Outdoor rink – roller skating, skateboarding, ice skating. | X | |||||
Lawn bowling, croquet courts. | X | X | ||||
Small private recreational facilities. (Site limited to one acre or less in the CR Zone.) May include buildings, park, playground and picnic area. | L | X | ||||
Large private recreational facilities – indoor or outdoor facilities (but not more than 1,000 spectator seats total): | ||||||
Gymnasium. | X | X | X | C | C | |
Badminton, handball, racquetball, squash courts. | X | X | ||||
Swimming pool. | X | X | ||||
Tennis court, volleyball court, polo field, athletic field, miniature golf. | X | |||||
Golf driving range, pitch-and-putt course, golf course, subject to the limitations of CMC § 9138.3. | L | |||||
Public Assembly:* | ||||||
* Alcoholic beverage sales and services are listed under separate headings. | ||||||
Church, temple, or other place of religious worship. (In the CR Zone, see CMC § 9138.22 and § 9182.25; in an MUR overlay district, see CMC § 9131.13(D).) | X | L | X | |||
Auditorium, meeting hall, wedding chapel. | X | X | ||||
Community center, lodge hall, private club. | X | X | X | |||
Indoor theater (motion picture or live stage), night club. | X | X | X | |||
Outdoor theater (live stage, not a drive-in). | X | |||||
Public and quasi-public uses: | ||||||
Fire station, police station, library, museum. | X | X | X | X | ||
Archaeological dig, provided the Director determines there is a reasonable prospect that significant scientific, cultural or historical information will be obtained from the site. | D | D | D | |||
Health Services: | ||||||
Hospital – general acute care, acute psychiatric; long-term health care facility. (See CMC § 9133.1.) | C | |||||
Medical or dental laboratory. (In the CN or CR Zones only permitted as an incidental use in a medical/dental office building or clinic.) | L | L | X | |||
Medical or dental office or clinic, public health center. | X | X | X | X | X | |
Optical services (for the fitting, grinding or mounting of eyeglasses). | X | X | X | X | X | |
Pharmacy. (See CMC § 9138.17 and § 9138.18.) | X | X | X | X | X | |
Drive-through pharmacy. (See CMC § 9131.13(D) and § 9138.17.) | X | X | X | C | ||
Ambulance service. | C | |||||
Day Care: | ||||||
Community day care facility. | X | X | X | C | C | |
Residential Uses: | ||||||
Multiple-family residential and residential condominiums within the Mixed-Use Residential (MUR) overlay district, the Mixed-Use Carson Street district, and the Mixed-Use Sepulveda Boulevard district on lots with a minimum 100-foot street frontage. | C | C | C | C | C | |
Mixed-use (commercial/residential) development within the Mixed-Use Residential (MUR) overlay district, the Mixed-Use Carson Street district, and the Mixed-Use Sepulveda Boulevard district on lots with a minimum 100-foot street frontage. | C | C | C | C | C | |
Live/work residential units. (See CMC § 9138.17 and § 9138.18.) | C | C | ||||
Mobile home park. (See CMC § 9128.2.) | C | C | C | C | ||
Group quarters for members of a religious order (convent, rectory, monastery, etc.). | X | |||||
Boarding or rooming houses, fraternity or sorority house, dormitory, residential hotel or similar group quarters, motel units with kitchens. (See CMC § 9133.1.) | C | |||||
Residential community care facility. | C | C | C | |||
Single-room occupancy (SRO) housing. (See CMC § 9128.7.) | L | L | ||||
Supportive housing. | X | X | ||||
Transitional housing. | X | X | ||||
Accessory dwelling units and junior accessory dwelling units. (See CMC § 9122.1.) | L | L | L | L | L | |
Transient Hotel: | ||||||
Transient hotel, motel. | C | C | C | |||
Agricultural Uses: | ||||||
Cultivation and/or sale of plants including nursery,* orchard, vineyard, field crops, flowers, greenhouses, lathhouses and similar activities (no mushroom farm). | X | |||||
* Incidental lawnmower sharpening permitted. Also repair and rental of garden tools. | ||||||
Signs: | ||||||
Electronic message center signs. (See CMC § 9136.7, also CMC § 9138.15(E)(3)(c) for CA only.) | C | C | C | C | ||
Outdoor Advertising: | ||||||
Outdoor advertising sign in the Electronic Marquee Signage (EMS) overlay district, subject to the requirements of CMC § 9138.71. | L | |||||
Recycling Facilities: | ||||||
Small collection recycling facility. (See CMC § 9132.9 and § 9138.6.) | L | L | L | L | ||
Communications Facilities: | ||||||
Minor communications facilities, subject to the requirement of CMC § 9138.16. | L | L | L | L | L | L |
Major communications facilities, subject to the requirement of CMC § 9138.16. | C | C | C | C | C | C |
Temporary Uses: | ||||||
Election campaign office in a trailer. (Not permitted earlier than 90 days before the election. To be removed within 14 days after the election.) | L | |||||
Office or other permitted commercial use in a trailer or other mobile unit. (Permitted for a period not exceeding 6 months during construction of a building on the same lot while a building permit is in effect. The Director may approve reasonable time extensions if he finds construction is proceeding in good faith.) | L | L | L | L | L | L |
Storage of construction materials and equipment at a construction site without the screening which would be required for permanent outdoor storage (only during the period a building permit is in effect). | L | L | L | L | L | |
Subdivision directional sign. (See CMC § 9128.31 – 9128.35.) | LD | LD | LD | LD | LD | |
Sidewalk, parking lot and tent sales, and special events. (See CMC § 9138.8.) | D | D | D | D | D | |
Fireworks stand. (See CMC § 3101.0 – 3101.10.) | CC | CC | CC | CC | CC | |
Carnival, mechanical rides, pony rides, outdoor festival and similar uses. (See CMC § 63119 and § 63119.1.) | CC | CC | CC | |||
Circus, rodeo. (See CMC § 63120; and Animal Control Ordinance, CMC § 3300 – 3301.) | CC | |||||
Christmas tree sales, pumpkin sales. | X | X | X | D | D | |
Yard sales. (See CMC § 4600 – 4606.) | L | L | L | L | L | |
Tent revival. | CC | CC | CC | |||
Commercial Cannabis (See Chapter 15 of Article VI) | DA | DA | DA | |||
Any person, firm or corporation violating any provision of this Section shall be guilty of an infraction and shall be punishable as provided in Chapter 2 of Article I.
(Ord. 78-431; Ord. 78-438; Ord. 78-446; Ord. 79-479 § 7; Ord. 80-517 § 1; Ord. 80-532 § 4; Ord. 81-585 § 2; Ord. 82-602 § 2; Ord. 82-621 § 1; Ord. 83-637U § 1; Ord. 83-643 § 1; Ord. 84-685 § 1; Ord. 84-704; Ord. 86-763U § 1; Ord. 87-813 § 1; Ord. 88-857 § 1; Ord. 90-915 § 1; Ord. 92-985 § 1; Ord. 93-1001 § 1; Ord. 94-1035U §§ 2, 3; Ord. 94-1037 §§ 2 – 4; Ord. 94-1039 § 2; Ord. 96-1085 § 1; Ord. 97-1115 § 1; Ord. 02-1245 § 2; Ord. 02-1251 § 1; Ord. 03-1279 § 2; Ord. 03-1284 § 2; Ord. 04-1322 § 1; Ord. 06-1349 § 1; Ord. 06-1363 § 9; Ord. 07-1392 § 9; Ord. 08-1404 § 1; Ord. 09-1419 § 3; Ord. 09-1420 § 1; Ord. 11-1473 § 1; Ord. 11-1479 § 8; Ord. 11-1480 § 1; Ord. 12-1488 § 1; Ord. 13-1525 § 2; Ord. 14-1536 § 1; Ord. 16-1590, Exh. B (§ 6); Ord. 16-1602 § 2; Ord. 16-1603 § 2; Ord. 18-1823 § 2; Ord. 22-2211 § 14)
§ 9131.12 Uses Permitted on Organic Refuse Landfill Sites.
A.
No use except as hereinafter provided, shall be permitted on property designated as ORL (Organic Refuse Landfill) without the approval of a conditional use permit by both the Commission and the Council. Such conditional use permit shall require, as a condition precedent to use of the property under the conditional use permit, approval by the Building and Safety Division and the Council of a report submitted by the applicant pursuant to the applicable provisions of the Building Code, prepared by a licensed civil engineer designated by the applicant and approved by the City, which shall provide and include plans for a protective system or systems designated to eliminate or mitigate the potential hazards and environmental risks associated with the proposed use. Approval of such report by the Building and Safety Division shall be in the discretion of the Building Official, who shall evaluate any risks and hazards associated with the site and proposed use and who may grant approval only if he finds that the report and plans adequately provide for protection against such associated risks and hazards. The Building Official's approval shall be submitted to the Council for final approval which will be in the discretion of the Council.
The following uses are exempt from the provisions of this Section:
1.
Uses which do not involve buildings or structures, including but not limited to outdoor storage, display and outdoor recreational facilities.
2.
Construction of structures which are unoccupiable, such as signs, flagpoles, walls, fences and towers, but not including oil wells and storage tanks.
3.
Paving of no more than twenty (20) percent of the site.
4.
Repair or minor alteration to existing structures which do not increase floor area.
B.
An application for a conditional use permit required by subsection A shall be considered in accordance with CMC § 9172.21, except that the Commission's decision shall be referred to the Council for review as if an appeal had been filed pursuant to CMC § 9173.4.
C.
Every conditional use permit for a use located on property designated as ORL (Organic Refuse Landfill) shall be subject to the following conditions in addition to any other conditions that the Commission or the Council may impose:
1.
Approval by the Building Official of the report provided for in subsection A of this Section.
2.
The applicant shall comply with a development schedule approved by the Community Development Director.
3.
All measures to eliminate or mitigate the hazards and environmental risks associated with the site proposed in the report approved by the Building Official provided for in subsection A of this Section shall be subject to approval by the Council and shall be incorporated into the project. Such measures shall include monitoring, evaluation and control of methane gas produced by the site as the City shall determine to be necessary to protect the public health, safety or welfare with respect to the production or migration of methane gas.
4.
Monitoring and regular inspections and reports by a licensed civil engineer designated by the applicant and monitored, evaluated and approved by the Building Official shall be done and filed with the City from time to time as directed by the Building Official at the applicant's cost.
5.
The mitigation measures required by subsection (C)(3) of this Section shall be implemented to the satisfaction of the Building Official and City Council. In the event that the Building Official or Council finds that such measures when implemented are inadequate to protect the public health, safety, or welfare, the Building Official or Council may (1) require additional mitigation measures to be incorporated into the project, or (2) after notice to the applicant and an opportunity to be heard, declare the conditional use permit null and void if the Council finds that the public health, safety or welfare cannot be adequately protected to the satisfaction of the Council.
6.
Adequate measures shall be taken to eliminate odors from the site to the satisfaction of the Building Official.
7.
The applicant shall, at the applicant's own expense, carry public liability insurance during the existence of the conditional use permit, with a company and policy to be approved by the City Attorney, covering liability for injuries or death arising out of or in connection with the use of the site pursuant to said permit in an amount not less than $5,000,000. The City shall be named as an additional assured under such insurance policy.
D.
Whenever both subsection A and any other section of this Chapter require a conditional use permit for a particular property, only one (1) conditional use permit shall be required, which shall be applied for, processed and considered pursuant to the provisions of subsection B. The application and conditional use permit, if approved, shall refer to both sections which are applicable.
E.
Subsection A of this Section shall not apply to the following:
1.
Any lawfully established existing use.
2.
An expansion of an existing, lawfully established use on a lot on which such existing use was approved provided that the existence of an organic refuse landfill in such lot is shown by the record to have been considered by the granting body in connection with the approval of such existing use.
3.
Any proposed use for which a conditional use permit requiring approval of methane gas control measures by the Council either (1) has been granted, or (2) has been applied for and is being processed on the effective date of this Section; provided, that subsection A shall apply if such conditional use permit which has been granted expires, is declared to be null and void or is otherwise terminated or if such conditional use permit for which an application is being processed is thereafter denied.
(Ord. 78-449; Ord. 79-471; Ord. 81-560 § 1; Ord. 82-586 § 1)
§ 9131.13 Uses Permitted within a Mixed-Use Residential (MUR) Overlay District.
A.
All uses permitted in accordance with CMC § 9131.1, except as prohibited or regulated by this Section, are permitted within a Mixed-Use Residential (MUR) Overlay District.
B.
In addition, multiple-family residential, residential condominiums, and mixed-use (commercial/residential) developments are permitted, subject to the approval of a Conditional Use Permit by the Planning Commission pursuant to CMC § 9172.21 and the requirements of CMC § 9138.7.
C.
Home occupations are permitted in accordance with CMC § 9128.4.
D.
The following commercial uses are prohibited on properties with mixed-use (commercial/residential) development located thereon or within buildings or structures designed and intended for mixed use (commercial/residential) occupancy:
1.
Animal services;
2.
Arcade;
3.
Bowling alley, as a primary use;
4.
Drive-in establishment (any establishment where goods or services are rendered directly to occupants of motor vehicles while in vehicles);
5.
Driving skill course;
6.
Indoor mini-mart or auction house;
7.
Public assembly uses, including but not limited to churches, temples or other places of religious worship, not associated with recreational areas designated for the exclusive use of permitted residential uses;
8.
Sexually oriented business establishments; and
9.
Vehicle sales and service.
E.
Vehicle repair and service is permitted for non mixed-use commercial/residential developments, subject to the approval of a Conditional Use Permit by the Planning Commission pursuant to CMC § 9172.21 and the requirements of CMC § 9138.2.
(Ord. 04-1322 § 2; Added by Ord. 94-1039 § 3)
§ 9131.2 Interpretation of Uses Permitted.
Further definition and enumeration of uses permitted in the various residential zones shall be determined by means of Interpretation in accordance with CMC § 9172.24.
§ 9131.3 Prohibited Uses.
All uses are prohibited except as expressly permitted by the provisions of this Chapter.
§ 9132.1 Processing Activities.
If not otherwise permitted as principal uses, the following uses are permitted as minor uses if related to and incidental to the indicated principal permitted use on the same site:
Film developing or photo-finishing is permitted with a camera shop or photography studio. |
Picture frame construction is permitted with the sale of picture frames. |
Glass edging, beveling or silvering is permitted with the sale of glass or mirrors. |
Electroplating of precious metals is permitted with the sale of jewelry or silver items. |
Restoration of antiques is permitted with the sale of antiques. |
Fish barbecuing or smoking is permitted with a restaurant or fish market. |
§ 9132.2 Vehicle Sales and Service.
If not otherwise permitted as principal uses, the following vehicle sales and service activities are permitted as minor uses if related to and incidental to the indicated principal permitted use on the same site:
A miscellaneous retail petroleum outlet is permitted with any compatible principal use. (See CMC § 9138.11.) |
Minor repairs and services (as defined in CMC § 9138.11) are permitted with an automobile service station or automobile laundry other than a self-service automobile laundry. (See CMC § 9138.14) and (CMC § 9133.1 for CR Zone, MUR Overlay District and properties in all zones within 100 feet of residential zones.) |
Minor repairs and services (as defined in CMC § 9138.11) incidental to the sale of new automobile parts, and including the installation of seat covers, are permitted with the sale of new automobile parts subject to the requirements of CMC § 9138.2. (See CMC § 9133.1 for CR Zone, MUR Overlay District and properties in all zones within 100 feet of residential zones.) |
Major repairs and services (as defined in CMC § 9138.11), as well as minor repairs and services are permitted with motor vehicle sales, subject to the requirements of CMC § 9138.2 and § 9138.15(C). (See CMC § 9133.1 for CR Zone, MUR Overlay District and properties in all zones within 100 feet of residential zones.) |
Sale of used vehicles which have been received as trade-ins is permitted with the sale of new vehicles. |
Rental or leasing of new or used vehicles is permitted with the sale of new or used vehicles. |
Minor repairs and services (as defined in CMC § 9138.11(A)(4) are permitted with a vehicle auction. (See CMC § 9133.1 for CR Zone, MUR Overlay District and properties in all zones within 100 feet of residential zones.) |
(Ord. 04-1322 § 3; Ord. 03-1279 § 3; Ord. 96-1085 § 4)
§ 9132.3 Laboratories.
A medical or dental laboratory is permitted as a minor use if related to and incidental to a medical or dental clinic or office building in the CN or CR Zones (in addition to being permitted as an independent use in the CG Zone).
§ 9132.4 Storage.
Storage of materials in the commercial zones is limited to the inventories, supplies and equipment needed in order to conduct retail sales or other permitted activities on the same premises or for retail delivery from the premises. In addition, the following specific limitations apply (refer to CMC § 9138.15 for CA Zone):
Except for use in construction on the same premises, sand, gravel or rock storage is limited to two thousand (2,000) tons total and is permitted only with the sale of building materials. |
Petroleum or petroleum products storage is limited to twenty-five hundred (2,500) barrels and is permitted only with a retail petroleum outlet. |
Outdoor storage is not permitted in the CN, CR or CA Zones. Outdoor storage in the CG Zone is subject to the requirements of CMC § 9136.29(I). |
Any person, firm or corporation violating any provision of this Section shall be guilty of an infraction and shall be punishable as provided in Chapter 2 of Article I of this Code. |
(Ord. 03-1279 § 4; Ord. 79-479 § 7)
§ 9132.5 Outdoor Display.
Outdoor display in the commercial zones is limited to the following items:
Vehicles (automobiles, motorcycles, motorscooters, bicycles, recreation vehicles, trucks, mobile homes, or other vehicles). |
Boats. |
Agricultural produce. |
Nursery stock. |
Flowers and plants. |
Christmas trees. |
Garden equipment and supplies. |
Building materials. |
Monuments, tombstones, statuary. |
Similar items as determined in accordance with the Interpretation procedure of CMC § 9172.24. |
Outdoor displays are subject to the provisions of CMC § 9136.29(H). |
Any person, firm or corporation violating any provision of this Section shall be guilty of an infraction and shall be punishable as provided in Chapter 2 of Article I of this Code.
(Ord. 79-479 § 7)
§ 9132.6 Service and Repair.
Except as otherwise regulated under the provisions of this Chapter and other applicable laws and regulations, service and repair of materials and equipment are only permitted in the commercial zones as minor uses, related to and incidental to principal permitted uses on the same premises and limited in scope and degree to that which is customary in connection with retail trade and retail service.
The following service and repair activities are specifically permitted:
Lawnmower sharpening is permitted with a fix-it shop, locksmith or nursery. |
Repair and rental of garden tools is permitted with a nursery. |
§ 9132.7 Amusement Machines.
The operation of three (3) or fewer amusement machines shall be permitted only in connection with a cocktail lounge, bar, bona fide restaurant, or theater. Any business legally containing three (3) or fewer amusement machines on January 3, 1983, shall eliminate all amusement machines on or before December 31, 1984. No person may increase the number of amusement machines in such a business.
(Ord. 84-685 § 2; Ord. 83-637 § 2)
§ 9132.8 Fairs and Bazaars.
Fairs and bazaars when conducted by a church, school or other nonprofit public service organization are a permitted accessory use provided the fair or bazaar is located on the same site as the subject facility, does not occupy more than fifty (50) percent of the required parking area or obstruct circulation and that said events do not occur more than four (4) times in any one (1) year unless approved by the Director for additional events.
(Ord. 98-1135 § 2; Ord. 87-813 § 3)
§ 9132.9 Small Collection Recycling Facility.
A small collection recycling facility is permitted as a minor use within the CN, CR, CG, and MU-CS zones if incidental to an existing primary commercial use and if within a designated convenience district as defined in CMC § 9191.508. A small collection recycling facility shall comply with the requirements of CMC § 9138.6.
(Ord. 11-1479 § 9; Ord. 87-819 § 1)
§ 9133.1 Conditional Use Criteria.
In addition to the general criteria for the approval of a conditional use permit pursuant to CMC § 9172.21(D)(1), special criteria and limitations as indicated below shall be considered in acting upon a conditional use permit in a commercial zone:
Retail sale of ornamental brick, stone, tile, flagstone: The size of the site, the amount of materials on hand, and the appearance thereof shall not create the character of an industrial or outdoor storage use. |
Adult business: The business shall satisfy the requirements of CMC § 9138.9. |
Massage service: The business shall satisfy the requirements of CMC § 9138.91 and § 63134 et seq. |
Tattoo service: The business shall satisfy the requirements of CMC § 9138.92. |
Mortuary: The use shall be compatible with surrounding uses. |
Motion picture studio: The activity shall be entirely within buildings. The height and bulk of buildings shall not be excessive in relation to the site and surrounding development. |
Restaurants, including drive-thru, cafes, dinner houses, or establishments offering food for in-house or take out consumption in the CA Zone: Compliance with CMC § 9138.15. |
Automobile laundry: Ability to comply with the provisions of CMC § 9138.14. |
Sale, rental or lease of trucks or trailers over two (2) ton capacity (new or used): The number and size of vehicles on hand and the appearance thereof shall not create the character of a truck yard or industrial use. |
Major repair as defined in CMC § 9138.11 for CA Zone only: Compliance with CMC § 9138.15. |
Automobile service stations in the CA Zone: Compliance with CMC § 9138.14 and § 9138.15. |
Transmitter, receiver or repeater station – radio, television, microwave: No excessive electronic interference shall be generated. No unusual or unnecessary hazards to aircraft shall be created. The height and appearance of structures shall not be detrimental to the character of the surrounding area. |
Electric distribution substation, gas measurement station, pumping station, water well, water reservoir: The facility shall be necessary for the safe or efficient functioning of a public utility or pipeline system. The location in a commercial zone shall be necessary to serve commercial or residential uses in the vicinity, or no suitable alternative location shall be available. |
Driving skill course: In addition to the provisions of CMC § 9162.21(C), parking shall be provided at a ratio of fifteen (15) spaces per four hundred (400) yards of track, plus one (1) space per employee on the largest shift. In addition to the provisions of CMC § 9162.52, lawns or landscaping shall be installed on all unpaved areas of the site. In addition to the provisions of CMC § 9136.2, the track shall maintain a twenty-five (25) foot setback from any property line adjacent to another property or public street. Adequate steps shall be taken to prevent excessive noise from emanating from the site. |
Hospital, long-term health care facility, community residential care facility: The facility shall become licensed pursuant to Division 2 of the California Health and Safety Code or, if exempt from licensure, shall meet standards equivalent to those prescribed by State law. The surrounding area does not provide an environment detrimental to health care or residential care. |
Mobile home park: Ability to comply with the provisions of CMC § 9128.2. |
Alcoholic beverage sales and services: Ability to comply with the provisions of CMC § 9138.5. |
Shared parking facilities: Ability to comply with the provisions of CMC § 9162.24. |
Arcades: Compliance with the provisions of CMC § 9138.4. |
Boarding or rooming house, residential hotel, motel with kitchens: The surrounding area does not provide an environment detrimental to long-term residence. |
Fraternity or sorority house, dormitory: The surrounding area does not provide an environment detrimental to residence. The location shall be conveniently accessible in relation to the college or institution attended by residents. |
Multiple-family residential, residential condominiums, mixed-use developments: Compliance with the provisions of CMC § 9138.7, § 9138.17 and § 9138.18. |
Oil well: Ability to comply with the provisions of CMC § 9500 – 9537, Oil and Gas Code. |
Vehicle repair and service: Compliance with the provisions of CMC § 9138.2. |
Vehicle repair and service (as primary use[1]) for those properties fronting Avalon Boulevard and within the CA Zone only: Ability to comply with CMC § 9138.15[2] and 9138.2[3]. |
Sales of used automobiles, recreation vehicles, and trucks not over two (2) ton capacity (as primary use) in the CA Zone only: The business shall occupy property a minimum of two (2) acres in area. Ability to comply with CMC § 9138.15. |
Automotive and equipment auction for those properties fronting Avalon Boulevard and within the CA Zone: Ability to comply with CMC § 9138.15 and § 9138.2. Lawfully established automotive and equipment auctions in the CA Zone shall cease operations and discontinue business on or before July 1, 2017. After that date, no new auctions are permitted in the CA Zone. |
(Ord. 16-1590, Exh. B (§ 7); Ord. 11-1480 § 2; Ord. 11-1473 § 2; Ord. 08-1404 § 2; Ord. 07-1392 § 9; Ord. 06-1363 § 9; Ord. 06-1349 § 2; Ord. 04-1322 § 4; Ord. 03-1279 § 5; Ord. 95-1079, Exh. A.; Ord. 94-1039 § 4; Ord. 94-1037 § 5; Ord. 94-1035U § 4; Ord. 93-1001 § 2; Ord. 85-685 § 3; Ord. 83-654 § 1; Ord. 83-637U § 3; Ord. 82-621 § 3; Ord. 78-431)
[1]
Lawfully established automotive repair facilities on property fronting Avalon Boulevard shall discontinue operations on or before July 1, 2017.
[2]
Lawfully established automotive repair facilities on property fronting Avalon Boulevard shall discontinue operations on or before July 1, 2017.
[3]
Lawfully established automotive repair facilities on property fronting Avalon Boulevard shall discontinue operations on or before July 1, 2017.
§ 9135.1 Applicability.
The provisions of this Division do not apply to the individual lots within planned developments wherein the owners or lessees of individual lots also hold an undivided interest in common areas within the same development, nor to a lease of less than four hundred (400) square feet of land.
§ 9135.2 Minimum Lot Area. [1]
No lot shall be created which has a net area less than that shown in the following table:
Zone | Minimum Net Lot Area |
|---|---|
CN, CR | 20,000 square feet* |
CG | 5,000 square feet* |
CA | 43,560 square feet (one acre)** |
MU-CS | See CMC § 9138.17 |
MU-SB | See CMC § 9138.18 |
Any existing lawfully established lot (including a leased area of land during the term of the lease) is deemed to have the required lot area.
A lot may be reduced to less than the required lot area if such a reduction is the result of an acquisition for public purposes.
(Ord. 07-1392 § 9; Ord. 06-1363 § 9; Ord. 03-1279 § 6; Ord. 94-1039 § 5)
[1]
See special requirement for retail petroleum outlets in CMC § 9138.11, mobile home parks in CMC § 9128.2, and mixed-use developments, multiple-family residential and residential condominiums in CMC § 9138.7.
Lot minimum in CA Zone applies to vehicle dealerships only, other commercial uses subject to CG standards.
§ 9135.3 Street Frontage and Access. [1]
No lot shall be created unless it is capable of being provided with vehicular access directly from a public street or alley and has a street frontage of at least thirty (30) feet.[2] See CMC § 9138.17 and § 9138.18 for special requirements in the Mixed-Use – Carson Street (MU-CS) Zone and the Mixed-Use – Sepulveda Boulevard (MU-SB) Zone.
A new or additional use shall not be developed on an existing lawfully established lot (including a leased area of land during the term of the lease) unless there is vehicular access from a public street or alley, and such access has a width of at least twenty (20) feet. The required vehicular access shall be either directly from a public street or alley or by means of a right-of-way easement.[3]
(Ord. 07-1392 § 9; Ord. 06-1363 § 9; Ord. 94-1039 § 6; Ord. 79-460)
[1]
See special requirement for mobile home parks in CMC § 9128.2, and mixed-use developments, multiple-family residential and residential condominiums in CMC § 9138.7.
[2]
See special requirement for mobile home parks in CMC § 9128.2, and mixed-use developments, multiple-family residential and residential condominiums in CMC § 9138.7.
[3]
See special requirement for mobile home parks in CMC § 9128.2, and mixed-use developments, multiple-family residential and residential condominiums in CMC § 9138.7.
§ 9135.4 Minimum Lot Width.
No lot shall be created which has a width less than that shown in the following table:
Zone | Minimum Lot Width |
|---|---|
CN, CR, CA | 150 feet* |
CG | 50 feet |
MU-CS | See CMC § 9138.17 |
MU-SB | See CMC § 9138.18 |
Any existing lawfully established lot (including a leased area of land during the term of the lease) is deemed to have the required width.
A lot may be reduced to less than the required width if such reduction is the result of an acquisition for public purposes.
(Ord. 07-1392 § 9; Ord. 06-1363 § 9; Ord. 03-1279 § 7)
§ 9136.11 Buildings and Structures - Buildings Required.
Except as otherwise required, permitted or limited by this Chapter, all activities and facilities other than the following shall be located within a permanent building:
Sidewalk, parking lot, and tent sales. |
Outdoor recreation, carnival, mechanical rides, pony rides outdoor festival, circus, rodeo. |
Outdoor theate. |
Outdoor seating in connection with a restaurant or other building housing a food sales or service establishment. |
Vehicular access, parking areas, loading areas, taxi stands. |
Mechanical, electrical, and other utility facilities. |
Signs, outdoor displays, outdoor storage. |
Agricultural cultivation and sales. |
Archaeological dig. |
Outdoor activities customarily incidental to the permitted use, subject to the approval of the Director. |
Similar activities or facilities as determined in accordance with the Interpretation procedure of CMC § 9172.24. |
(Ord. 88-857 § 2)
§ 9136.12 Buildings and Structures - Height of Buildings and Structures.
In the CN and CG Zones (except in a Mixed-Use Residential (MUR) Overlay District), no building or structure shall have more than two (2) stories, including a basement but excluding a cellar, nor shall it exceed a height of thirty (30) feet.
In the MU-CS Zone, see CMC § 9138.17; for the MU-SB Zone, see CMC § 9138.18.
In the CA Zone, no building or structure shall exceed forty (40) feet in height.
In the CR Zone (except in a Mixed-Use Residential (MUR) Overlay District), there is no height limit provided additional yard spaces are provided as required in CMC § 9136.21 through § 9136.29.
In a Mixed-Use Residential (MUR) Overlay District, no building or structure shall have more than three (3) stories, including a basement but excluding a cellar, nor shall it exceed a height of forty-five (45) feet, except for residential projects for affordable or senior households permitted in accordance with CMC § 9126.91. In cases to which CMC § 9126.91 is applicable, no building or structure shall have more than four (4) stories, including a basement but excluding a cellar, nor shall the height exceed fifty-five (55) feet.
A transmitter, receiver or repeater station (radio, television, microwave) tower may exceed the height limits established by this Section if such height is approved in connection with a conditional use permit.
For the purposes of this Section, a subterranean or partial subterranean garage shall not be considered to be a story.
(Ord. 07-1392 § 9; Ord. 06-1363 § 9; Ord. 03-1279 § 8; Ord. 94-1039 § 7)
§ 9136.13 Buildings and Structures - Uses Permitted in Residential Structures.
No uses except residential uses shall be permitted in residential structures, unless the conversion of such structures meets the requirements of CMC § 9182.09.
(Added by Ord. 93-1021 § 1)
§ 9136.22 Yards and Open Spaces - Future Rights-of-Way.
This Section is applicable only where portions of a lot are within areas planned to be part of future streets, alleys or public rights-of-way, as determined by the Director.
In cases to which this Section is applicable, unless otherwise approved by the Commission, the portions of any lot within such future right-of-way areas shall not be occupied by structures other than those encroachments allowed in future right-of-way areas as provided in CMC § 9136.29. All other required setbacks, yards and open spaces shall be provided in addition, to the future right-of-way areas and the future right-of-way lines shall be considered to be lot lines for purposes of measuring such other setbacks, yards and open spaces.
§ 9136.23 Yards and Open Spaces - Front Yard.
Each lot shall have a front yard with a required depth of twenty (20) feet or twenty (20) percent of the lot depth, whichever is less. For any building or structure over thirty (30) feet in height in the CR Zone the required front yard setback shall be increased by one (1) foot for each two (2) feet of height above thirty (30) feet.
Each lot used for vehicle dealerships in the CA Zone shall have a front yard setback as described in CMC § 9138.15(D). Other commercial uses as defined in CMC § 9138.15 shall comply with abovementioned standards from the CR Zone.
Each lot in the MU-CS Zone shall have a front yard setback as described in CMC § 9138.17, and each lot in the MU-SB Zone shall have a side yard as described in CMC § 9138.18.
Notwithstanding the above requirements, each lot in a Mixed-Use Residential (MUR) Overlay District shall have a front yard setback as follows:
Minimum Setback | |
|---|---|
Subterranean garage | 1' |
On grade parking or partial subterranean garage | 10' |
First floor – Commercial | 10' |
First floor – Residential | 20' |
Second floor – Commercial | 10' |
Residential | 20' |
Third floor | 20' |
Fourth floor | 30' |
A required front yard shall not be occupied except as provided in CMC § 9136.29.
(Ord. 07-1392 § 9; Ord. 06-1363 § 9; Ord. 03-1279 § 9; Ord. 94-1039 § 8)
§ 9136.24 Yards and Open Spaces - Side Yards.
Where the side of a lot abuts a street, there shall be a side yard with a width of at least ten (10) feet. For any building or structure over thirty (30) feet in height in the CR Zone, the required side yard setback shall be increased by one (1) foot for each foot of height above thirty (30) feet.
Where the side yard of a lot abuts a lot in a residential zone there shall be a side yard with a width of at least ten (10) percent of the subject lot width except that such side yard shall be at least five (5) feet and not greater than ten (10) feet in width. For any building or structure over thirty (30) feet in height in the CR Zone, the required side yard setback shall be increased by one (1) foot for each foot of height above thirty (30) feet.
Where the side of a lot abuts a lot in other than a residential zone and the height of the building or structure is not over thirty (30) feet, no side yard is required. If any side yard greater than approximately one (1) inch is required or provided, it shall be at least three (3) feet. For any building or structure over thirty (30) feet in height in the CR Zone, the required side yard setback shall be three (3) feet plus one (1) foot for each two (2) feet of height above thirty (30) feet.
Each lot used for vehicle dealerships in the CA Zone shall have a side yard setback as described in CMC § 9138.15(D). Other commercial uses as defined in CMC § 9138.15 shall comply with abovementioned standards from the CR Zone.
Each lot in the MU-CS Zone shall have a side yard setback as described in CMC § 9138.17, and each lot in the MU-SB Zone shall have a side yard as described in CMC § 9138.18.
Notwithstanding the above requirements, each lot in a Mixed-Use Residential (MUR) Overlay District shall have side yard setbacks as follows:
Minimum Setback | ||
|---|---|---|
Interior Side | Street Side | |
Subterranean garage | 1'' | 1'' |
On grade parking or partial subterranean garage | 1'' or 3' | 10' |
First or Second floor – Commercial | 1'' or 3' | 10' |
First floor – Residential | 10' | 10' |
Second floor – Residential | 10' | 20' |
Third floor | 10' | 20' |
Fourth floor | 10' | 30' |
Required side yards shall not be occupied except as provided in CMC § 9136.29.
(Ord. 07-1392 § 9; Ord. 06-1363 § 9; Ord. 03-1279 § 10; Ord. 94-1039 § 9)
§ 9136.25 Yards and Open Spaces - Rear Yard.
Where the rear of a lot abuts a lot in a residential zone, there shall be a rear yard with a depth of at least ten (10) percent of the lot depth, except that such rear yard shall be at least five (5) feet and need not be greater than ten (10) feet. For any building or structure over thirty (30) feet in height in the CR and CA Zones, the required rear yard setback shall be increased by one (1) foot of height for each foot of height above thirty (30) feet.
Where the rear of a lot abuts a lot in other than a residential zone and the height of the building or structure is not over thirty (30) feet, no rear yard is required. If any rear yard greater than approximately one (1) inch is required or provided, it shall be at least three (3) feet. For any building or structure over thirty (30) feet in height in the CR and CA Zones, the required rear yard shall be three (3) feet plus one (1) foot for each two (2) feet of height above thirty (30) feet.
Each lot in the MU-CS Zone shall have a rear yard setback as described in CMC § 9138.17, and each lot in the MU-SB Zone shall have a rear yard setback as described in CMC § 9138.18.
Notwithstanding the above requirements, each lot in a Mixed-Use Residential (MUR) Overlay District shall have a rear yard setback as follows:
Minimum Setback | |
|---|---|
Subterranean garage | 1' |
On grade parking or partial subterranean garage | 1'' or 3' |
First or Second floor – Commercial | 10' |
First floor – Residential | 15' |
Second floor – Residential | 15' |
Third floor | 30' |
Fourth floor | 30' |
A required rear yard shall not be occupied except as provided in CMC § 9136.29.
(Ord. 07-1392 § 9; Ord. 06-1363 § 9; Ord. 03-1279 § 11; Ord. 94-1039 § 10)
§ 9136.27 Yards and Open Spaces - Space Between Buildings.
Buildings on the same lot shall be either abutting each other or there shall be a separation of at least six (6) feet. Where there is a separation and both buildings are more than thirty (30) feet in height (CR Zone and MUR Overlay District only), the required separation shall be increased by one (1) foot for each two (2) feet of height above thirty (30) feet on the lower building.
(Ord. 94-1039 § 11)
§ 9136.29 Yards and Open Spaces - Encroachments.
Every part of a required yard or open space shall be open and unobstructed from finished grade to the sky except for facilities and activities as follows:
A.
Projections from buildings (such as eaves, awnings and shading devices; signs; architectural features; utility meters, conduits and pipes; unenclosed and unroofed stairways, landings, porches, and balconies; chimneys; and mechanical equipment) may project into a required yard not more than one-half of the width of the required yard, except that the only such projections permitted into a required front yard or a required side yard abutting a street shall be for eaves, awnings, shading devices, architectural features and signs. No projections are permitted into future right-of-way areas as determined under CMC § 9136.22.
B.
Free-standing mechanical equipment is not permitted in any required yard except those additional yard areas required because of building or structure height greater than thirty (30) feet (CR Zone only.)
C.
Utility-owned facilities are permitted in any required yard if also located in an approved utility easement.
D.
Signs are permitted in required yards other than in existing or future street rights-of-way if in accordance with the provisions of CMC § 9136.7.
E.
Swimming pools are permitted in required yards other than future right-of-way areas provided the pool is set back from the front lot line at least twenty (20) feet or twenty (20) percent of the lot depth, whichever is less, and is not less than five (5) feet from any other lot line.
F.
Fences, walls and hedges are permitted as required by other laws or regulations or as a condition of a tract or parcel map approval, or shall not be higher than six (6) feet above finished grade in a future right-of-way area, front yard, side yard abutting a street, or yard abutting a residential zone. In a required front yard and any abutting future right-of-way area, any portion of a fence, wall or hedge above three and one-half (3-1/2) feet in height shall not impair vision by obscuring more than ten (10) percent of the area in the vertical plane.
G.
Landscaping (other than hedges) is permitted in any required yard or open space.
H.
Outdoor display of goods for sale or rental. The following items may be displayed in any required yard area, but not in a required parking area:
Vehicles (automobiles, motorcycles, motorscooters, bicycles, recreational vehicles, trucks, mobile homes or other vehicles).
Boats.
Agricultural produce.
Nursery stock.
Flowers and plants.
Christmas trees.
Similar items as determined in accordance with the Interpretation procedure of CMC § 9172.24.
The following items may be displayed in yard areas other than a required front yard and any abutting future right-of-way area, but not in a required parking area:
Garden equipment and supplies.
Building materials.
Monuments, tombstones, statuary.
Similar items as determined in accordance with the Interpretation procedure of CMC § 9172.24.
I.
Outdoor storage is permitted only in the CG Zone and only in yards other than a required front yard and abutting future right-of-way area, but not in a required parking area. Outdoor storage area shall be screened from view from any adjoining public street or walkway.
J.
Parking is permitted in required yards except the area within five (5) feet of an existing or future right-of-way. (See CMC § 9162.52.)
K.
Building encroachments may be permitted in the front yard setback subject to the approval of a Development Plan by the Planning Commission pursuant to CMC § 9172.23 (Site Plan and Design Review) for properties within the Mixed-Use Residential (MUR) overlay zone district only. A building encroachment shall not exceed five (5) feet provided that the development provides affordable housing opportunities as defined by this Chapter.
L.
Vehicle dealerships may have encroachments, see CMC § 9138.15(D) for encroachments in the CA Zone.
(Ord. 03-1279 § 12; Ord. 95-1074 § 1)
§ 9136.3 Other Site Developments Standards - Fences, Walls and Hedges.
A solid masonry wall shall be placed along any lot line abutting or separated only by an alley from property in a residential zone. Except in a required front yard area and any abutting future right-of-way area, such wall shall be six (6) feet in height. In a required front yard area and any abutting future right-of-way area, such wall shall be three and one-half (3-1/2) feet in height, except fencing material of any type may extend above the three and one-half (3-1/2) foot solid masonry portion to a height not exceeding six (6) feet, provided such extended portion does not impair vision by obscuring more than ten (10) percent of the area in the vertical plane.
Except as required by other laws and regulations or as a condition of a tract or parcel map approval, no fence, wall or hedge in a commercial zone shall exceed a height of eight (8) feet.
The height of fences, walls and hedges shall be measured from the finished grade at each point along the fence, wall or hedge. Where there is a difference between the grade on the two (2) sides of the fence, wall or hedge, the higher grade shall be used.
The height and design of fences and walls within the CA Zone district shall be subject to CMC § 9138.15(D).
(Ord. 03-1279 § 13)
§ 9136.4 Other Site Developments Standards - Trash and Recycling Areas.
Trash and recycling areas shall be provided in accordance with Division 4 of Part 6 of this Chapter.
(Ord. 93-1013 § 2)
§ 9136.6 Other Site Developments Standards - Parking, Loading, Truck Maneuvering and Driveways.
Parking spaces and loading areas for each use and the areas required for access and truck maneuvering shall be provided in accordance with Division 2 of Part 6 of this Chapter.
Parking, loading and driveways within the CA Zone district shall be subject to CMC § 9138.15(D).
(Ord. 03-1279 § 14)
§ 9136.7 Other Site Developments Standards - Signs.
A.
Outdoor advertising signs are not permitted in commercial zones except as authorized pursuant to CMC § 9138.71.
B.
Business signs are permitted, subject to the following:
1.
All business signs and sign structures shall be permitted in conformance with development plans which have been approved pursuant to the Site Plan and Design Review procedures (including the number of signs and sign structures to be permitted) as provided in CMC § 9172.23. All signs and sign structures shall also comply with the minimum requirements, as outlined in this Section of the Zoning Ordinance.
2.
The total sign area per lot shall not exceed an area in square feet equal to two (2) times the linear feet of lot frontage on a public street or streets. Window signage shall not exceed ten (10) percent of window area. Lot frontage on a freeway shall not be considered in computing this figure.
When the total frontage of a lot is less than the square root of the lot's area, said frontage shall be deemed to be equal to the square root of the lot's area for the purpose of determining the permitted sign area.
3.
A ground sign in excess of six (6) feet in height shall not be permitted. The distance between ground elevation and the bottom of a ground sign shall not exceed one (1) foot. Not more than one (1) ground sign shall be permitted on a lot. No ground sign shall be erected until written approval is obtained from the City Traffic Engineer. Such signs shall be in conformance with development plans which have been approved pursuant to the Site Plan and Design Review procedure as provided in CMC § 9172.23.
4.
A sign may be affixed to a building but shall not project above the height of the building wall or roof fascia.
5.
A sign shall not project into an existing or future right-of-way.
6.
No "A" frame or "sandwich" sign, or scintillating, flashing or revolving sign shall be permitted.
7.
Electronic message center signs are permitted, subject to the following:
(a)
Such sign shall be at least one hundred (100) feet from a residential zone.
(b)
Such sign shall be at least five hundred (500) feet from any other electronic message center sign.
(c)
A conditional use permit (CUP) shall be required for all electronic message center signs in accordance with the provisions set forth in CMC § 9172.21. Approval shall not be granted if the Commission finds that the proposed sign would interfere with the traffic signals, disrupt normal traffic flows or otherwise create a safety hazard.
8.
All business signs for vehicle dealerships shall be permitted in conformance with development standards as provided in CMC § 9138.15(E).
9.
All business signs within the MU-CS Zone shall be permitted in conformance with development standards as provided in CMC § 9138.17.
10.
All business signs within the MU-SB Zone shall be permitted in conformance with development standards as provided in CMC § 9138.18.
C.
Streamers, banners, pennants, and similar displays are permitted subject to the following:
1.
Streamers, banners, pennants, and similar displays may be exhibited in connection with grand openings and other special events upon written approval of the Planning Officer. Requests for such displays shall be submitted to the Planning Officer, in writing, thirty (30) days prior to the event. All approvals shall be limited to a total of sixty (60) consecutive days at any one (1) time with a minimum of thirty (30) days in between the next display period for a total of one hundred twenty (120) days of display per calendar year per business. An additional thirty (30) days of display is permitted; provided, that a new banner permit is issued and a fee is paid. Temporary business signs for department stores or regional shopping centers with a gross floor area of at least one hundred thousand (100,000) square feet located in the CR Zoning District and in a Mixed-Use Residential (MUR) Overlay District may be allowed to deviate from the provisions of this Section as it pertains to display size, location, orientation, material, length of time, and content pursuant to an approved sign program. Signs must show content related to businesses, events, products or services provided at the department store or regional shopping center.
2.
Any streamer, banner, pennant, or similar display shall be suspended so as to maintain at least seven (7) foot clearance.
3.
In any event, no streamer, banner, pennant, or similar displays shall be exhibited if, in the opinion of the Director, such displays are not adequately maintained.
4.
Christmas decorations displayed between thirty (30) days prior to and fifteen (15) days after December 25th, and those displayed during official public events, are not subject to this subsection.
5.
Streamers, banners, pennants and similar displays may be attached directly upon the structure of a lawfully erected fireworks stand (see CMC § 3101.0 through § 3101.10) without necessity of a banner permit.
6.
All temporary signs and similar displays for vehicle dealerships shall be permitted in conformance with development standards as provided in CMC § 9138.15(E).
D.
Real Estate Advertising. Real estate advertising signs are permitted, subject to the following:
1.
One (1) unlighted sign structure is permitted per lot; except, on parcels larger than five (5) acres, one (1) such sign structure is permitted for each street frontage of the parcel.
2.
A sign structure may have any number of sign faces, but the total sign area shall not exceed fifty (50) square feet per sign structure.
3.
All portions of a sign structure shall be not less than ten (10) feet from the inside line of the sidewalk, or if there is no sidewalk, from the lot line, except, if the building setback is less than ten (10) feet, the sign structure shall be not less than one-half (1/2) the setback from the inside line of the sidewalk or lot line.
4.
A freestanding real estate advertising sign shall not exceed thirty (30) feet in height.
5.
A sign may be affixed to a building but shall not project above the height of the building wall or roof fascia.
6.
Advertising copy shall pertain only to the premises upon which the sign is located.
7.
Any such signs shall be removed within two (2) weeks after the execution of a sales agreement, escrow instructions or lease agreement.
8.
Off-site open house signs for residential properties may be placed on commercial properties with the permission of the commercial property's owner, and consistent with the provisions of Section 9126.7(A)(8).
9.
Violations.
a.
Violations of this subsection (D) shall be subject to the following civil fines within a calendar year: (a) $50.00 for the first violation; (b) $75.00 for the second violation; and (c) $100.00 for the third and any subsequent violation.
b.
Fines shall be payable within thirty (30) days of issuance. Late payment shall incur a late penalty equal to the amount of the fine. The failure of any person, within sixty (60) days of the date of issuance of a fine, to pay the fine and any applicable late penalty, may result in the matter being referred to the Director of Finance to file a claim with the small claims court. Alternatively, the City may pursue any other legal remedy to collect the civil fines. The City may also recover its collections costs according to proof.
c.
Violations shall be recorded by realtor office address, rather than by individual property for sale; provided, that if the property is being sold by its owner, the violations shall be recorded against the property that is for sale.
d.
The remedies provided in this Section are in addition to any other remedies and penalties that may be available under the Carson Municipal Code and the laws of the State of California.
E.
Except as provided for violations of subsection (D) of this Section, any person, firm or corporation violating any provision of this Section shall be guilty of an infraction and shall be punishable as provided in Chapter 2 of Article I.
(Ord. 79-473; Ord. 79-479 § 7; Ord. 80-513 § 1; Ord. 80-531 § 1; Ord. 88-856 § 1; Ord. 89-873 § 2; Ord. 90-915 § 2; Ord. 01-1225 § 4; Ord. 02-1245 § 4; Ord. 03-1279 §§ 15, 16; Ord. 07-1392 § 9; Ord. 09-1421 § 2; Ord. 11-1475 §§ 1, 2; Ord. 15-1563 §§ 5, 6; Ord. 16-1602 § 3)
§ 9136.8 Other Site Developments Standards - Utilities.
All new utility lines, other than major transmission lines, shall be placed underground. This requirement may be waived by the Commission where topography, soil, undue financial hardship or other conditions make such underground installation unreasonable or impractical. Undergrounding shall be in accordance with the applicable rules and regulations of the utility, as currently on file with the California Public Utilities Commission.
All aboveground equipment (other than pole lines when permitted), such as transformers and pedestal terminals, which are visible from an adjacent public street or walkway, shall be within a solid enclosure or otherwise screened from public view. Such enclosure/screening shall be in accordance with the utility's service requirement. (Amended by Int. No. 3-79)
§ 9136.9 Other Site Developments Standards - Site Planning and Design.
In case of a commercial use located on a corner lot, no public pedestrian entrance from a side street shall be located less than one hundred (100) feet from any residential zone.
Roof-mounted structures and equipment shall not extend more than ten (10) feet above the roof, measured from the point of attachment. If such roof projections are not incorporated in the building design as architectural features, they shall be screened from view from any adjoining public street or walkway.
Mechanical equipment not enclosed within a building shall be screened from view from any adjoining public street or walkway.
Within any D (Design Overlay) designated area, all development subsequent to the date of such designation shall be in conformance with development plans which have been approved pursuant to the Site Plan and Design Review procedure as provided in CMC § 9172.23. No permit shall be issued for grading or construction involving significant exterior changes, as determined by the Director, which is not in conformance with such approved development plans.
See additional requirements in CMC § 9138.15 for vehicle dealerships within the CA Zone.
(Ord. 03-1279 § 17)
§ 9137.1 Exterior Lighting.
All lighting in buildings, landscaping, parking lots and similar facilities shall be directed away from all adjoining and nearby residential property. Such lighting shall be arranged and controlled so as not to create a nuisance or hazard to traffic or to the living environment. This Section is also applicable to arc lights, search lights and similar lighting devices.
Any person, firm or corporation violating any provision of this Section shall be guilty of an infraction and shall be punishable as provided in Chapter 2 of Article I of this Code.
See specific requirements in CMC § 9138.15(D) for vehicle dealerships within the CA Zone.
(Ord. 03-1279 § 18; Ord. 79-479 § 7)
§ 9138.10 Reserved.
Repealed by Ord. 16-1590.
(Added by Ord. 95-1079, Exh. A)
§ 9138.11 General Provisions.
A.
Definitions.
1.
Petroleum Product. Any product used in the operation of motor vehicles as a fuel or lubricant, including diesel fuel and liquid petroleum gas (LPG).
2.
Retail Petroleum Outlet. Any retail outlet whose business includes the retail sale of petroleum products.
3.
Automobile Service Station. Any retail petroleum outlet whose primary business is the retail sale of petroleum products and the provision of minor repairs and services and/or the retail sale of accessories normally associated with this use.
4.
Minor Repairs and Services. Minor repairs and services include major engine overhaul (any operation requiring pulling the head, intake or exhaust manifold, or the pan); transmission, muffler, and radiator work; lubrication; repair of brakes, generators, water pumps, batteries and other minor accessories; replacement of wiper blades, fuses, radiator caps, lamps and other minor accessories, changing oil and transmission fluid; patching, changing or mounting of tires; wheel alignment; tune-up; minor electrical repairs; and similar repairs and services.
5.
Major Repairs and Services. Major repairs and services include body and fender work; repair of tops, seat covers and upholstery; painting; rebuilding batteries; and similar work (no tire recapping or retreading). In the CA Zone, only auto body paint and/or upholstery shops are permitted as accessory uses to new vehicle sales, subject to conditional use permit.
B.
No building permit for a retail petroleum outlet shall be issued until required right-of-way dedications for adjacent streets, in accordance with the City's current General Plan, have been made and accepted by the City. Such dedicated property shall not be deemed to be part of the minimum lot area required of a retail petroleum outlet.
C.
Any existing retail petroleum outlet not in compliance with the standards provided for in CMC § 9138.15 shall be considered a legal nonconforming use.
Any person, firm or corporation violating any provision of this Section shall be guilty of an infraction and shall be punishable as provided in Chapter 2 of Article I of this Code.
(Ord. 03-1279 § 19; Ord. 79-479 § 7)
§ 9138.12 Convenience Store.
A.
Use Classification. A small retail self-service store selling a limited line of fast-moving food and nonfood items, usually with extended hours of operation, a high volume of customer traffic, and either standalone or associated with auto service stations.
B.
Minimum Lot Area. New convenience markets shall not be permitted on lots less than thirty-two thousand, six hundred seventy (32,670) square feet net area.
C.
Minimum Separation Requirement. New convenience stores shall be not less than one-half (1/2) mile from an existing convenience store.
D.
Hours of Operation. Business hours, including truck loading hours, shall be limited to 5:00 a.m. to 11:00 p.m., seven (7) days a week.
E.
Parking Requirement. One (1) space per two hundred fifty (250) square feet of gross floor area.
F.
Alcohol Sales. Alcohol sales could be considered as part of a separate conditional use permit application for convenience stores; however, the hours of operation would be limited to 5:00 a.m. to 9:00 p.m., seven (7) days a week. In addition, alcohol sales shall not be permitted within three hundred (300) feet of residences, schools, and parks.
(Ord. 16-1602 § 4; Ord. 11-1479 § 10; Ord. 08-1400 § 1; Ord. 04-1322 § 5; Ord. 03-1279 §§ 20, 21; Ord. 84-679 § 1; Added by Ord. 81-554 §§ 1, 2; Ord. 81-552 § 1; Ord. 79-467; Ord. 79-479 § 7)
§ 9138.13 Reserved.
Reserved.
(Ord. 16-1602 § 5; Ord. 03-1279 § 22; Ord. 79-479 § 7)
§ 9138.14 Automobile/Vehicles Services.
A.
Use Classifications.
1.
Automobile/Vehicle Service and Repair. Repairs and services include major engine overhaul (any operation requiring pulling the head, intake or exhaust manifold, or the pan); transmission, muffler, and radiator work; lubrication; repair of brakes, generators, water pumps, batteries and other minor accessories; replacement of wiper blades, fuses, radiator caps, lamps and other minor accessories, changing oil and transmission fluid; patching, changing or mounting of tires; wheel alignment; tune-up; minor electrical repairs; and similar repairs and services. In the CA Zone, auto body and fender work and auto body paint are permitted as accessory uses to new vehicle sales, subject to conditional use permit.
2.
Automobile/Vehicle Washing. Washing, waxing, vacuuming, or cleaning of automobiles or similar light vehicles, including self-serve washing facilities.
3.
Automobile Service Station. Establishments primarily engaged in retailing automotive fuels or retailing these fuels in combination with activities, such as providing automobile/vehicle repair services, selling automotive oils, replacement parts, and accessories, and/or providing incidental food, retail sales.
B.
Landscaping and Screening.
1.
A masonry wall at least six (6) feet in height shall be provided along all lot lines adjacent to a residential use or district.
2.
At least ten (10) percent of the site must be landscaped.
3.
A landscaped planter with a minimum inside width of ten (10) feet and enclosed within a six (6) inch high curb shall be provided along the front and streetside property lines, except for vehicular circulation openings. A landscaping buffer with a minimum inside width of at least five (5) feet shall be provided along all other property lines.
4.
A three hundred (300) square foot planter with a minimum dimension of ten (10) feet shall be provided at the corner of intersecting streets unless a building is located at the corner.
5.
Additional screening and landscaping may be required where necessary to prevent visual impacts on adjacent properties.
C.
Application Review and Findings for Approval. The decision-making authority shall approve a use permit for an automobile/vehicle service facility only if it finds that:
1.
The project is designed so that form and scale are harmonious and consistent with the character of the specific site, the adjacent uses and structures, and the surrounding neighborhood.
2.
The site design, including the location and number of driveways, will promote safe and efficient on-site and off-site traffic circulation.
3.
Service bay openings are designed to minimize the visual intrusion on surrounding streets and properties.
4.
Lighting is designed to be low-profile, indirect or diffused and to avoid adverse impacts on surrounding uses.
D.
Conditions of Approval. Conditions of approval may include limitations on operational characteristics of the use; restrictions on outdoor storage and display, location of pump islands, canopies and service bay openings; and/or requirements for buffering, screening, lighting, planting areas, hours of operation or other site elements in order to avoid adverse impacts on adjacent lots or the surrounding area.
E.
Automobile/Vehicle Service and Repair. Automobile/vehicle service and repair uses, as well as any other uses, such as service stations, that perform auto servicing as an accessory activity, are subject to the following standards:
1.
Noise. All body and fender work or similar noise-generating activity shall be conducted within an enclosed masonry or similar building with sound-attenuating construction to absorb noise. Air compressors and other service equipment shall be located inside a building.
2.
Work Areas. All work shall be conducted within an enclosed building except: pumping motor vehicle fluids, checking and supplementing various fluids, and mechanical inspection and adjustments not involving any disassembly.
3.
Vehicle Storage. Vehicles being worked on or awaiting service or pick-up shall be stored within an enclosed building or in a parking lot on the property and shall be screened from the public right-of-way. Unattended vehicles may not be parked or stored on the sidewalk adjoining the property, in the street, or in any portion of the public right-of-way within the City.
4.
Litter. The premises shall be kept in an orderly condition at all times. No used or discarded automotive parts or equipment or permanently disabled, junked, or wrecked vehicles may be stored outside a building.
F.
Automobile/Vehicle Washing. Automobile/vehicle washing facilities are subject to the following standards:
1.
Minimum Lot Area. Automobile service stations shall contain not less than twenty thousand (20,000) square feet of net lot area.
2.
Washing Facilities. No building or structure shall be located within thirty (30) feet of any public street or within twenty (20) feet of any interior property line of a residential use or residential district. Vehicle lanes for car wash openings shall be screened from public streets to a height of forty (40) inches. Screening devices shall consist of walls and/or berms with supplemental plant materials.
3.
Hours of Operation. Limited to 7:00 a.m. to 10:00 p.m., seven (7) days a week. When abutting a residential district, the hours of operation shall be between 8:00 a.m. to 8:00 p.m., seven (7) days a week.
G.
Automobile Service Station. Automobile service stations and any other commercial use that includes fuel pumps for retail sales of gasoline are subject to the following standards. An automobile service station with a convenience store shall comply with the standards set forth in CMC § 9138.12 (Convenience Store):
1.
Minimum Lot Area. Automobile service stations shall not be permitted on lots containing less than fifteen thousand (15,000) square feet of net lot area.
2.
Minimum Street Frontage. Each lot shall have a minimum frontage of not less than one hundred (100) feet on each abutting street.
3.
Pump Islands. Pump islands shall be located a minimum of fifteen (15) feet from any property line to the nearest edge of the pump island. A canopy or roof structure over a pump island may encroach up to ten (10) feet within this distance.
4.
Minimum Separation Requirement. New automobile service stations shall be not less than five hundred (500) feet from an existing service station use.
5.
Abandonment. Any service station shall in the case of abandonment or nonoperation of the primary use be dismantled and the site cleared within six (6) months subsequent to the close of the last business day.
(Ord. 16-1602 § 6; Ord. 79-479 § 7)
§ 9138.15 Commercial, Automotive (CA) Development Standards.
A.
Description of Boundaries. The City of Carson Commercial Automotive District (CAD) is generally located on the south side of the 405 San Diego Freeway on 223rd Street, between Lucerne Street to the west and Alameda Street to the east. Also included in the CAD is the Don Kott Auto Center on Avalon Boulevard, north of 213th Street and south of the 405 Freeway; and Altman's RV Center on Recreation Road, north of the 405 Freeway.
B.
Purpose and Intent. The CAD is intended to maximize retail sales of new automobiles at dealerships located within the City of Carson and promote the development of a Commercial Automotive District consisting of automobile and light truck sales facilities with consistent and appealing landscaping, lighting, signage and compatible architectural elements. The use of the regulations and development standards contained herein is intended to fulfill the following objectives:
1.
Encourage the consolidation of automobile sales franchises within a designated Commercial Automotive District.
2.
Provide signage standards designed to meet the needs of automobile retailing, while remaining aesthetically pleasing to the public.
3.
Provide flexible design standards to encourage compatible site design, while encouraging a range of architectural aesthetic styles to create a sense of excitement and vitality.
4.
Provide consistent design standards to which all development within the CAD must adhere.
5.
Establish the cooperation and coordination of the participants in the development and operation of the CAD.
6.
Establish a long-range and ongoing source of economic strength to the community in terms of employment and tax revenue for community services.
7.
Encourage the rehabilitation of existing structures and overall site upgrades so that existing land uses become unified with new developments, enhancing the overall CAD image.
8.
Establish innovative and quality site planning and architectural design maintaining a prosperous and marketable specialized automobile commercial complex, unique and individual in itself.
Certain development considerations associated with the planning and implementation of this development district are unique to the City of Carson and this district in particular. The implementation of a marketable complex for automobile sales and services requires a district which provides: (1) opportunities for high visibility and accessibility to the dealerships from the 405 Freeway and 223rd Street; (2) available parcels of land under the ownership of several individuals and the redevelopment agency; (3) incentives for development such as public improvements (i.e., streets, gutters, lighting, off-site signage, etc.), redevelopment agency opportunities, and community goals and standards; and (4) the previous establishment of existing uses and compatibility with proposed new automobile and other related retail commercial uses.
C.
Permitted and Conditional Uses. The CAD permits the following principal, secondary and conditional uses:
1.
Principal Uses.
a.
New vehicle dealerships, principally geared toward the sale of new passenger vehicles and light duty trucks.
b.
New recreational vehicle sales.
c.
New motorcycle sales.
d.
Renting and leasing of recreational vehicles.
2.
Accessory Uses. As an integral, but secondary part of the operation of a new vehicle franchise, the following uses shall be permitted:
a.
Used vehicle sales; provided, that the used vehicle sales are in conjunction with new vehicle sales and are not primary.
b.
Vehicle repair and service, in conjunction with new vehicle sales; see CMC § 9138.2.
c.
Vehicle parts and supply sales, in conjunction with new vehicle sales.
d.
Vehicle leasing, in conjunction with new vehicle sales.
e.
Vehicle washing and detailing; see CMC § 9138.14.
f.
Public and private parking lots.
3.
Conditional Uses. The following uses are permitted only after a valid conditional use permit (CUP) has been approved by the City:
a.
Auto body, paint and/or upholstery shops as an integral but secondary part of operating a new automobile franchise; see CMC § 9138.2.
b.
Restaurants, including drive-thrus, cafes, dinner houses, or establishments offering food for in-house or take-out consumption.
c.
Automobile service stations; see CMC § 9138.14.
d.
Transmitters, receivers and repeater stations (cell towers/monopoles).
e.
Sales of used automobiles, recreation vehicles, and trucks not over two (2) ton capacity, as a primary use; see CMC § 9133.1.
f.
Minor and major repair and service as a primary use located on properties fronting Avalon Boulevard and within the CA Zone; see CMC § 9138.2.
1.
Lawfully established automotive repair facilities on property fronting Avalon Boulevard shall discontinue operations on or before July 1, 2017.
g.
Automotive and equipment auction as a primary use located on properties fronting Avalon Boulevard and within the CA zone; see CMC § 9138.21.
1.
Lawfully established automotive and equipment auctions on property fronting Avalon Boulevard shall discontinue operations on or before July 1, 2017.
4.
Interpretation of Uses Permitted. Other similar automobile and commercial related uses when interpreted by the Planning Commission as to performance standards as set forth in this Section and determined by means of interpretation in accordance with CMC § 9172.24.
5.
Prohibited Uses.
a.
Any uses not fully enclosed within a building, except:
(1)
Vehicle sales.
(2)
Vehicle storage.
(3)
Vehicle washing and detailing, which shall be screened from public right-of-way along streets within the CAD Zone and residential areas.
b.
Dismantling of vehicles or the storage of vehicles for parts.
c.
Outside storage of equipment, parts, inoperable vehicles or outside vehicle repair and maintenance.
d.
All uses are prohibited except as expressly permitted by the provision of this Section.
D.
Minimum Site Development Standards. The applicable minimum site developments listed below shall apply to automobile and other related dealerships and uses. Other standard commercial uses shall abide by development standards in the CR (Commercial, Regional) Zone and the General Development Standards, Part 6.
1.
Building Setbacks.
a.
No structure of any kind, and no part thereof, shall be placed on any site closer to a property line than herein provided. The following structures and improvements are specifically excluded from these setback provisions:
(1)
Roof overhangs and approved architectural embellishments.
(2)
Canopy; provided, it does not impact line of sight of adjacent vehicle dealerships or is set back fifty-two (52) feet from the front property line if impact occurs.
(3)
Steps, paving and walks associated with vehicle display areas.
(4)
Paving and associated curbing in relationship to landscaped areas.
(5)
Landscaping and security bollards located within landscaped areas.
(6)
Signs and displays identifying owner, lessee or occupant constructed pursuant to CMC § 9138.15(E).
(7)
Light fixtures, not to exceed twenty-five (25) feet in height.
(8)
Raised vehicle display areas.
(9)
Subterranean parking or basements.
b.
Setback from side and rear property lines: No building setback is required from interior property lines, providing that the building wall does not exceed thirty (30) feet in height, or fifty (50) percent of the length of the property line. Buildings not in conformance with the aforementioned criteria shall be set back ten (10) feet from interior property lines.
c.
Setback from street property line:
(1)
Sales or display buildings shall be set back a minimum of seventy-five (75) feet from street property line, so as to allow for a ten (10) foot front landscaped setback area, vehicle display area, driveway, further vehicle display or customer parking, and vehicle display or landscaped planter area in front of building.
(2)
Service and storage buildings shall be set back a minimum of seventy-five (75) feet from street property line. Service bays shall be screened from public view along 223rd Street and the 405 Freeway. Service "write-up" areas may be visible from 223rd Street to serve as a visual guide for customers entering the property.
(3)
Vehicle display (other than raised vehicle display) and on-site parking shall be set back a minimum of ten (10) feet from street property line. A two (2) foot vehicle overhang is permitted within front setback area.
(4)
Raised vehicle display areas within front yard shall be set back a minimum of five (5) feet from street property line; see subsections (D)(2) of this Section.
(5)
Raised vehicle display areas in excess of forty (40) percent of lot frontage shall be subject to review and approval by the Planning Commission.
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2.
Street – Elevated Vehicle Display Area.
a.
Elevated vehicle display is encouraged within front setback areas within the CAD and should be sloped for better visibility.
b.
Height of the elevated vehicle display area shall not exceed four (4) feet, unless specifically approved by the Planning Division.
c.
Elevated vehicle display areas shall be designed in a way so that they are in proportion to and complement the public way. The use of terraces, landscape buffers or water elements shall be considered.
d.
Interesting paving surfaces such as grasscrete, stamped concrete, etc., in lieu of asphalt, shall be considered.
e.
Elevated display areas shall be designed so that no individual vertical element exceeds thirty (30) inches without terracing or other transitional elements such as landscaping, etc.
f.
Street-oriented elevated vehicle display areas shall have special lighting (overhead or up-lighting) in order to accent display areas. See subsection (D)(9) of this Section.
g.
Elevated vehicle display within front setback areas shall not create a visual obstruction for vehicles accessing driveways or infringe on showroom visibility.
h.
The use of mechanical equipment, lifts, and industrial imagery for the elevated display area along 223rd Street and other streets within the CAD is discouraged. Designs that blend with the front landscaped setback area, and are more organic in nature, shall be utilized.
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3.
Freeway – Elevated Vehicle Display Area.
a.
Rooftop elevated vehicle display areas shall not be a nuisance or create visual clutter and infringe on adjacent properties.
b.
Elevated vehicle display along the freeway should be sloped toward the freeway to provide for optimum vehicle display visibility. Use of reflective materials is prohibited.
c.
The use of a mesh wall and climbing plants should be applied to buildings or structures supporting roof-mounted displays facing the 405 Freeway. This provides aesthetic contrast and transition from the freeway to the display area.
d.
Raised display areas should not have a skeletal structural frame, which is exposed to the public. All structural framework should be enclosed by a wall facing the freeway, and shall blend with the architectural building aesthetics or be designed to accommodate the mesh wall with climbing plants.
e.
Rooftop lighting shall not create a glare or hazard to approaching freeway traffic and shall comply with subsection (D)(9) of this Section.
f.
The backdrop wall for the elevated vehicle display area should be designed so as to integrate with the dominant aesthetic theme of the dealership.
g.
Backdrop wall heights may vary depending on the relationship of the freeway and site elevations. Such backdrop wall (including building height and elevated vehicle displays) shall not exceed a height of forty (40) feet.
h.
Letters and logos for the elevated freeway display should be backlit or up lit, and comply with subsection (E) of this Section.
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4.
Building Height.
a.
Buildings shall be a maximum of forty (40) feet in height. No building shall provide vision into an adjacent residential structure or an adjacent residential yard.
b.
Automobile, motorcycle or recreational vehicle display shall be allowed on top of a building facing the 405 Freeway, pursuant to subsection (D)(3) of this Section.
c.
Automobile storage in the second level of a building shall be permitted and may be viewed from the 405 Freeway.
5.
Lot Size.
a.
The minimum lot size for each site shall be one (1) acre.
6.
Parking. Vehicle dealerships shall provide employee and customer parking on the dealership site or on a common parking facility especially established for such purposes as follows:
a.
Each auto dealer shall provide a minimum of six (6) parking spaces reserved and labeled accordingly for customers of new vehicle purchases. The parking spaces shall be located in an area that will allow for customer flow into the dealership facility through designated main entrance.
b.
Parking shall be provided at a ratio of one (1) space for every:
(1)
One thousand (1,000) square feet of interior or exterior covered display floor area;
(2)
Four hundred (400) square feet for buildings used for supplies and vehicle storage;
(3)
Two (2) spaces per repair and service bay, plus one (1) space per five hundred (500) square feet of nonservice bay area; and
(4)
Three hundred (300) square feet for buildings used for office and administration.
c.
All on-site customer parking shall be clearly identified, either by special paint (i.e., curb painting) or signage.
d.
If employee parking is provided in a common parking facility shared by one (1) or more merchants, a recorded document shall be filed with the Planning Department and shall be signed by the legal owner of the common site, stipulating the permanent reservation of use of the site for employee parking purposes.
e.
On-site disabled parking shall be required per all applicable codes.
f.
Parking of display vehicles for sale is exempt from municipal code standards for striping, stall size and aisle width; provided, that its design layout does not conflict with Fire Department or other agency regulations.
g.
Trucks and recreational vehicles displayed within fifty-two (52) feet of the front yard line shall not impact the line of sight of adjacent vehicle dealerships.
7.
Landscaping. The following standards shall be applied:
a.
A minimum ten (10) foot landscaped setback is required along the front setback area, measured from the rear of the sidewalk to the display area. A two (2) foot vehicle overhang is allowed within the ten (10) foot setback. Setback area shall include unobstructive trees, low growing shrubs, groundcover and turf.
b.
A minimum ten (10) foot wide island shall be required at the end of all display area parking adjacent to the main entry drive lane. Islands shall have a mixture of trees, shrubs and groundcover.
c.
On-site landscaping shall be compatible with subsection (I) of this Section, which is contained herein to coordinate the species of plant materials and provide continuity of landscaping within the CAD.
d.
A minimum five (5) percent interior landscaping shall be required, excluding building footprint and front setback areas.
e.
Undeveloped areas reserved for future expansion, such as any parcel not promptly built out, shall be maintained in a weed-free condition but need not be landscaped. Such sites shall be maintained in such a manner to prevent dust from blowing onto adjacent properties.
8.
Driveways.
a.
Single driveways shall be a minimum twenty-six (26) feet wide and maximum thirty (30) feet wide.
b.
Driveways over thirty (30) feet in width shall require a minimum five (5) foot wide center landscaped island, with minimum twenty (20) foot clearance per side.
c.
Stamped and terra-cotta colored concrete shall be installed at all driveway entry areas, a minimum distance of twenty (20) feet from property line.
9.
Lighting. Intent – to provide consistent, uniform lighting, of architectural integrity and capacity to be compatible with adjacent businesses, residential areas, 223rd Street and the 405 Freeway.
a.
On-site exterior lighting shall comply with CAD lighting criteria, as set forth in this Section.
b.
On-site lighting plans, including photometric plan, shall be submitted showing the exterior lighting layout, light pole and fixture mounting details, performance fixture description and wattage proposed by each auto dealer.
c.
All light fixtures shall not exceed twenty-five (25) feet in height, measured from grade level. Roof- or deck-mounted light fixtures not to exceed sixteen (16) feet in height.
d.
Exterior lighting shall consist of metal halide lamps.
e.
All fixtures shall be ninety (90) degree cut-off, to prohibit spillage above the ninety (90) degree vertical plane. Such fixtures shall be arranged and shielded so that there shall be no glare or reflection onto adjacent properties or public rights-of-way.
f.
Front-row on-site lighting standards adjacent to public streets shall have no more than two (2) fixtures per standard at a minimum of thirty-six (36) feet on center.
g.
The interior of the display area may be illuminated by fixtures not closer than sixty (60) feet to the front line of display lights. These fixtures shall be spaced no closer than sixty (60) feet on center, and shall have no more than four (4) fixtures per pole.
h.
Creative lighting design and reinforcement of lighting intensity to provide varying degrees of light intensity for merchandising and highlighting purposes are encouraged, so long as they comply to the following standards:
(1)
All fixtures are to be installed in a horizontal attitude.
(2)
Pole luminaries shall be bronze "shoebox" type, Spaulding "Cordova II" or equal (no stripes).
(3)
Ground level poles shall be bronze with minimum four (4) inch square steel.
(4)
Upper level parking deck poles shall be bronze and not exceed sixteen (16) feet in height with minimum four (4) inch square steel.
(5)
All "sales" lot luminaries shall be provided with one thousand (1,000) watt metal halide lamps.
(6)
All "support" area luminaries shall be provided with a maximum of four hundred (400) watt metal halide lamps.
(7)
Poles shall be mounted on thirty (30) inch high by twenty-four (24) inch diameter round concrete bases with brushed concrete finish.
i.
Strings of incandescent fixtures shall not be allowed in any exterior area, except lights associated during December holiday season.
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10.
Walls/Fencing. Walls constructed on an interior lot line or at the rear of a required landscape setback of the CAD shall be in keeping with the regulations contained herein.
a.
Interior lot line walls shall not exceed eight (8) feet in height and rear walls shall not exceed twelve (12) feet in height. Use of barbed, razor or similar wire is prohibited.
b.
All service, storage and trash areas shall be screened from view from any public street by a wall. Trash enclosures shall be constructed to the City of Carson enclosure standards on file in the Planning Division.
c.
All walls shall be decorative, consisting of splitface masonry, slumpstone, stuccoed block, stone, wrought iron, or a combination thereof.
d.
Chainlink fencing is prohibited.
11.
Gates.
a.
Security gates located at entrance areas shall not exceed forty-two (42) inches height.
12.
Security Bollards.
a.
Security bollards, if utilized, shall be placed within the front ten (10) foot landscaped setback area, not to encroach within vehicle display areas. Design and placement shall be subject to Planning Division review.
13.
Sound Attenuation.
a.
All body repair work (if permitted) and all compressor work shall be performed in a fully enclosed area only. Access doors to such enclosures shall be screened or face away from all public rights-of-way.
b.
Air compressor exhaust stacks shall contain a muffling device.
c.
Exterior loudspeakers shall not be mounted more than ten (10) feet above finish grade and shall be oriented toward the interior of each parcel.
d.
Rooftop-mounted air conditioning and mechanical equipment must be screened from public view and adjacent properties by a screening technique involving integrated architectural design elements.
E.
Signage.
1.
Introduction. The purpose of this Section is to guide automobile dealers in the selection and placement of their signage. It is the intent to provide a reasonable number of signs, as well as size specifications, in order to provide aesthetic harmony among dealerships. It is further intended to limit the number and size to that required for proper conduct of business, yet controlling and managing the design, aesthetics and placement of all signage. It is desired that artistic flexibility be allowed while maintaining continuity and appropriate scale to the center as a whole. The information contained in these development standards as adopted by the City of Carson establishes mandatory criteria to which each sign must conform. Each business will be responsible for the construction, installation and maintenance of its signage, and must submit for design review approval to the City of Carson pursuant to this Section. Submitted drawings must indicate location, materials, finishes, height, square footage and method of installation for all proposed signage.
2.
Vehicle Dealers' Signs.
a.
General Criteria.
(1)
Signs will be allowed for the purpose of identifying the buildings, the premises, the uses and special events.
(2)
All permanent and temporary signs are to receive the proper permits prior to construction.
(3)
Each new dealership shall submit and have approved a plan showing their entire permanent sign program prior to construction of the signs.
(4)
All permanent signs, including pole-mounted "product identity," shall be for the purpose of identification or direction only, and shall not contain any promotional advertising.
(5)
Billboards or wall-painted signs are prohibited.
(6)
Exposed raceways, ballast boxes or transformers are prohibited.
(7)
Illuminated signs shall be internally lighted by fluorescent, LED or neon tubes. No luminous or reflective background or script may be attached or applied.
(8)
Sign company names or stamps shall be concealed.
(9)
Locations, type and size of all permanent signs shall be indicated on the drawings submitted during the design review process for approval by the City.
(10)
No roof-mounted signs will be permitted, excluding roof-mounted display areas.
(11)
If dealers' sign program is mandated by the vehicle manufacturer and is inconsistent with this Section, specific design review shall be required and approved by the Planning Commission.
3.
Freestanding Monument and Pylon Signs.
a.
One (1) street-front sign shall be permitted per franchise in the form of a monument and/or pylon type, placed no closer than two hundred (200) feet apart, to identify the dealership name or product. The sign may not contain any temporary, promotional advertising.
b.
Monument and pylon signs may contain the following information:
(1)
Brand(s) of vehicle sold;
(2)
Manufacturer's logo;
(3)
Dealer's name;
(4)
Identification of used cars and/or trucks.
c.
Electronic message signs are prohibited along streets within the CAD, unless they are freeway-oriented.
d.
Nonfreeway-oriented pylon sign faces along 223rd Street and other affected streets within the CAD may not exceed sixty (60) square feet in area per side, nor exceed a height of twenty-five (25) feet measured from adjacent natural grade.
e.
In addition, one (1) pylon sign per automobile dealership shall be permitted at the rear of the property facing the 405 Freeway. Pylon sign shall not exceed a height of thirty (30) feet measured from freeway grade and shall be architecturally consistent with site development. Freeway pylon sign shall be subject to Planning Commission approval.
f.
Monument signs shall not exceed eight (8) feet in height, including base as measured from adjacent natural grade. Base shall be minimum eighteen (18) inches in height.
g.
Monument signs are to be located at major public entrance to the site in an area, which will not obstruct the vision of motorists so as to create a safety hazard. Pylon signs are to be located in the center of the front setback area. The signs will be perpendicular to the street and located five (5) feet away from the front property line.
h.
Monument and pylon signs are to be located in a landscaped planter of at least 200 square feet.
4.
Building-Mounted (Wall) Signs.
a.
Primary signs may contain manufacturer's logos, brand of vehicle sold and dealer identity. Secondary signs shall include service, parts or other associated name.
b.
Wall-mounted signs shall consist of channel letters/numbers, internally illuminated or back lit with trim caps. Letters for primary building signage (dealer name) shall not exceed thirty-six (36) inches in height nor twenty-four (24) inches in height for secondary signage (i.e., service, parts). Illumination optional for secondary signage. All letters must be securely attached to the wall surface and may not extend beyond the roofline.
c.
No more than two (2) rows of letters are permitted.
d.
One (1) logo shall be permitted per manufacturer, not to exceed forty-eight (48) inches in height, unless authorized by the Planning Commission.
e.
Wall signs shall not exceed seventy (70) percent of building frontage and shall provide a minimum ten (10) percent gap above and below all wall-mounted signs.
5.
Information Signs.
a.
Signs shall be single-sided, mounted flat on a building or wall, and shall not protrude out from the building. Such informational signs shall be permitted to identify types of services, hours of operation, or other specific functions of a given dealership.
b.
Area shall not exceed four (4) square feet.
6.
Street Directional Signs.
a.
Signage information may include directions to Entrance, Service, Parts, Customer Parking, etc.
b.
These signs shall be no more than twelve (12) square feet in dimensional area. Any such freestanding signs shall be a maximum of four (4) feet above grade, unless attached to a building. Design shall be compatible to overall signage program.
c.
A maximum of one (1) sign may be permitted per driveway accessing a public street.
d.
Signs shall be set back a minimum of five (5) feet from the front property line, unless otherwise approved pursuant to a development plan.
7.
Pole-Mounted "Product Identity" Signs.
a.
"Product identity" signs, which identify individual auto makes, are to be mounted to auto display lighting poles and may consist of "banner" and/or flag style signs.
b.
The maximum dimensions of "banner" style signs will be three (3) feet wide by six (6) feet long having no more than eighteen (18) inches extending on either side of the centerline of the pole. The minimum ground clearance shall be a vertical distance of eight (8) feet measured from the bottom of the sign to the ground surface. "Banner" style signs shall be constructed of a high quality combination of metal and vinyl.
c.
The maximum dimension of "flag" style signs will be three (3) feet wide by three (3) feet long mounted on the top of the pole. "Flag" style signs shall be constructed of a high quality combination of metal, vinyl, and/or nylon.
d.
"Banner" and "flag" style product identity signs are to be replaced when they show signs of unattractive wear and/or fading as determined by the City.
e.
Each dealership is limited to one (1) product identity sign per lighting pole on the first row of lighting poles parallel to the street curb of the dealership. No product identity signs are permitted on any other poles.
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8.
Temporary Identification Signs.
a.
Automobile dealerships within the CAD will be allowed temporary signage eight (8) time periods per year for special events including, but not limited to, the standard holiday sale periods of Presidents' Day, Memorial Day, Fourth of July, and Labor Day. Each time period for the eight (8) special events will not exceed sixteen (16) days. Each special event time period must be separated from the previous event by at least fourteen (14) days.
b.
Each individual auto dealership facility (not each auto make) will be allowed temporary signage two (2) time periods per year for special events. These two (2) special events are in addition to the eight (8) special events permitted by the CAD.
c.
Temporary signs are limited to banners, balloons, and/or window painted signs.
d.
The maximum number of temporary banners is two (2) per dealership. Banners shall be mounted on buildings with minimum seven (7) foot clearance from grade.
e.
Special displays such as murals or other similar types, not specified herein, shall be approved by the Planning Commission.
f.
Painted window signs shall not exceed fifty (50) percent of the window area or two hundred (200) square feet, whichever is less.
g.
Balloons smaller than eighteen (18) inches will be permitted only on Saturdays and Sundays and the following holidays: New Year's Day, Presidents' Day, Memorial Day, Fourth of July and Labor Day.
h.
Each individual auto dealer is responsible for the removal of all helium filled balloons as permitted by this Section on the respective dealership site by the end of the day in which balloons are authorized. No helium filled balloon shall be cut loose to fly freely; all helium filled balloons shall be discarded in a designated trash bin or receptacle.
i.
Sandwich boards, pennants, streamers, and any other sign types not covered in this Section are prohibited.
j.
All temporary signs must be removed within twenty-four (24) hours following the completion of each special event.
k.
No temporary signs are permitted anywhere within the CAD outside of special event time periods provided for in this Section.
l.
A permit for temporary signage must be obtained per calendar year for each of the dealerships, prior to placement of temporary signs by the auto dealership facility. Said permit shall be $280.00 per year, per dealership ($35.00 per display period).
m.
Two (2) additional temporary signage permits can be issued independently for each dealership per calendar year, at a rate of $35.00 per permit.
9.
Commercial Signs. Signage not associated with automobile and other types of dealerships shall comply with CMC § 9136.7.
F.
Other Government Codes. All development within the CAD must comply with all applicable governmental codes. When there is a conflict between this Section and other sections of the Municipal Zoning Code, the provisions of this Section shall take precedence.
G.
Design Review Requirements. All projects within the CAD involving the construction or rehabilitation of property are required to be in compliance with these development standards and the provisions contained within the Carson Municipal Code pertaining to site plan review process pursuant to CMC § 9172.23.
H.
Design Guidelines.
1.
Intent. This section is intended to give direction to developers of auto dealership projects within the CAD to encourage orderly, harmonious and integrated design of structures, display areas, landscaping, parking areas, lighting and accessory structures. This Section establishes a standard for design quality while maintaining flexibility for individual expression and imaginative design solutions.
2.
Site Planning.
a.
Buildings should be located to maximize the automobile retail environment. The site should be laid out to maximize visibility of new vehicle sales. Desirable features such as freeway visibility, street frontage and solar orientation should be used to accentuate the visibility of the product.
b.
Pedestrian circulation should be direct and easily accessible while providing for a safe environment.
c.
Driveway access should be located so as to minimize disturbance to future street and public way improvements, maintaining good visibility of pedestrian and vehicular off-site traffic. Fence, walls, or hedges shall not obstruct vehicles entering or exiting a driveway.
d.
Vehicular access should be located so as to create direct access to the customer parking and vehicle display areas, ensuring convenient ingress and egress. Customer parking should be separated from vehicle sales display(s).
e.
When locating buildings, parking, vehicle display areas and walkways on a parcel, all desirable site features (street and freeway frontage, corner lot, irregular lot) should be used to an advantage.
f.
Loading zones should be located so as to be screened from the public right-of-way and to minimize the interaction between the public zone for vehicle sales and the service areas.
g.
Service areas should be enclosed or screened from public right-of-way and should be conveniently located and designed for access by service vehicles, not creating a nuisance for adjacent property owners.
h.
Utility equipment such as electrical panels, gas meters, etc., should be located so that they are screened from public view. On-site utility lines shall be placed underground.
i.
Transformers, backflow devices and similar structures should not be the dominant element of the landscaping areas and should be screened from view wherever possible.
j.
The site should be flexible in design to accommodate future possibilities for revisions/ expansions to the site due to changing demands. Such alterations can then be met with minimum impact to existing on-site and off-site improvements.
k.
Buildings should be located so as to maximize vehicle display areas. Windows within the building should be oriented toward and have a clear view of the vehicle display(s) and shall be the dominating feature of the building facing 223rd Street.
l.
Consideration should be given to the unique nature of the sites in that the "rear" of the sites is in fact the front view from the 405 Freeway, having a high level of drive-by visibility. This unique condition should be addressed as best as possible in the layout of the site to help identify the Auto Row District and contribute positively to the imagery and architecture of the district.
m.
Buildings should be located and oriented so as to complement, not conflict, with the adjacent uses and imagery of adjacent parcels (i.e., block visibility of adjacent vehicular display areas, etc.).
n.
Wherever possible, transitions between existing and new buildings or additions should be gradual. The height and mass of the new projects or construction should not create abrupt changes from those of existing buildings.
o.
An adequate on-site queuing area for service customers shall be provided. On-site driveways may be used for queuing but may not interfere with access to required parking spaces. Required parking spaces may not double as queuing spaces.
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3.
Building Design. The CAD Development Standards do not set forth a specific design theme, but rather seek to create well thought out design solutions compatible within the CAD. The "planned" district should result from consistent site planning and landscaping rather than building design.
a.
Buildings within an individual site should have common proportion, massing and details, which are consistent through the use of common colors, signs, lighting treatment and landscaping.
b.
Buildings with undistinguished masses and bulk are discouraged. Efforts should be made to design the structures to a human scale of the automobile retailing environment while addressing the need to contribute to the freeway frontage and scale. Contributing factors are varying the planes of exterior walls, change of materials and varying the height of the structures.
c.
Within an individual project or site, materials, colors and textures should be consistent with the design theme of the buildings and create a consistent palate. The buildings should be stylistically consistent so that the detailing reflects the traditional style of the design.
d.
Building facades which face adjoining street and the 405 Freeway shall provide visual relief and shadow patterns designed to provide variety to the adjacent streetscape.
e.
Building elevations and massing should be designed to reflect the orientation of the building. Only active building elevations, including windows and entrances (not blank walls or loading zones) should face the public right-of-way.
f.
Special attention should be given to the top and the base of buildings. The connection between building and ground and building and sky should have a special significance and be properly addressed in detailing and choice of materials.
g.
Newspaper racks and public phone booths should be integrated into the interior of a structure. Exterior vending machines are prohibited.
h.
Materials of relative permanence and not susceptible to decay and damage over a short period of time should be used.
i.
Materials should be used to help accent the massing and design theme of the buildings. Facades should be provided with articulation and glazing so as to minimize long uninterrupted blank walls.
j.
Massing of the buildings should be used to help create spatial hierarchy to the buildings and reflect some of the uses on the interior. This will help to minimize an industrial and monolithic architectural environment.
k.
Architectural elements such as cornices, canopies, shading elements, trellises, change of materials, and others are encouraged. However, these elements should be important elements of the building theme and not just applied decoration or architectural gimmicks.
l.
Glazing that faces the public right-of-way is encouraged to be of a type that helps create interaction between the interior sales and showroom spaces and the public right-of-way and exterior environment.
m.
Use of hierarchal elements such as towers, varied rooflines, etc., are encouraged to help break the horizontal look of buildings and visually enhance the architecture. These types of elements can also identify main entries, provide backdrop for signage, etc.
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4.
Roofs.
a.
The roofline of a building should be designed in conjunction with its mass and facade so that the building and its roof form a consistent composition as viewed from adjacent street.
b.
All rooftop mechanical equipment shall be screened from adjacent properties and public rights-of-way. Screening design and materials shall be consistent with the overall building design.
c.
Roofs should be an integral part of the building design and overall form of the structure and should reflect and be consistent with the design aesthetic of the building.
d.
Roofs should not be such that they become the dominant element of the architecture. Elements such as mansard roofs or pitched roofs should be to scale with the facade and proportion of the building.
e.
Pitched roofs should be addressed carefully so that the scale of the roofs is broken down to minimize large uninterrupted rooflines and ridges.
f.
Roofing materials should be consistent and complementary to the design of the building.
g.
Rooflines shall be used to create a hierarchy of space and help identify entrances, vehicular display areas, etc.
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I.
Landscaping. Landscaped areas shall be planted as an integral part of the project, and not merely located in leftover portions of the site.
1.
The location of plant materials shall respond to the architectural design of the building to key-note entries, contrast with or reinforce building lines and volumes, and soften hard structural lines.
2.
Plant materials shall be used to define street edges, outdoor display areas and pedestrian pathways; and to screen vehicle service areas, trash enclosures, utilities and mechanical equipment.
3.
Plan materials shall be integrated in the building form as architectural elements (i.e., cascading from balconies, potted trees on upper story patios, etc.) whenever possible.
4.
Landscaping should be used to create nodes within both auto and pedestrian circulation patterns and can be useful in distinguishing special display areas.
5.
When solid building walls or perimeter walls are within the view of a public street, trees shall be planted a maximum of forty (40) feet on center (trees may be clustered).
6.
All trees shall be a minimum twenty-four (24) inch box. Palm trees shall be mature and of good height size.
7.
Elements such as sculptures, water elements, etc., incorporating artistic expression shall be used whenever possible.
8.
Vertical landscape elements shall be used to enhance the street-side elevation of buildings and to allow view of signs and architectural features from the street.
9.
Consistent landscape themes shall be used within the CAD. It is recommended that a simple grass and California Fan Palm tree design – typical fifteen (15) foot brown trunk – (or other tree design pursuant to approved landscape plan), be utilized throughout the front setback area and interior of parcels with shrubs, bushes, vines and ground covers from the following list utilized for foundation and accent planting:
a.
Shrubs.
Butterfly Iris | Moraea iridioides |
Hibiscus | Hibiscus rosa – sinensis |
Dwarf Oleander | Nerium oleander 'Petite Salmon' or 'Petite Pink' |
Wheelers Dwarf | Pittosporum tobira 'Variegata' |
India Hawthorn | Ralphiolepis indica 'Jack Evans' |
Compact Natal Plum | Carissa |
Lily of Nile | Agapanthus africanus |
Privet | Ligustrum 'Texanum' |
Compact Shiny Xylosma | Xuylosma, congestum 'Compactum' |
Pink Escallonia | Escallonia fradesii |
Ternstromia | Ternstroemia gymnanthera |
Frasers Photinia | Photinia fraseri |
Viburnum | Viburnum davidii |
b.
Ground Covers.
Star Jasmine | Trachelospermum jasminoides |
Prostate Natal Plum | Carissa grandiflora 'Green Carpet' |
Blue Rug Juniper | Junipers horizaontalis |
Turfgrass | 'Marathon' fescue |
Trailing Lantana Gazanias | Lantana montividenis |
(Ord. 11-1480 § 3; Ord. 11-1473 § 3; Ord. 08-1404 § 3; Ord. 03-1279 § 23)
§ 9138.16 Communications Facilities.
A.
Purpose. The purpose and intent of this Section is to provide uniform and comprehensive standards for the development of all communications facilities, including antennas and associated facilities for wireless telecommunication, data, radio, television and microwave, in accordance with existing Federal law while minimizing the aesthetic impacts through the use of carefully chosen siting and design criteria. The regulations contained herein are designed to protect and promote public health, safety and welfare, and aesthetic qualities within the community. At the same time, the intent is to comply with the Telecommunications Act of 1996, to not unduly restrict the development of necessary communications facilities and encourage managed development of communications infrastructure while providing a public forum to ensure a balance between public concerns and private interest in establishing such facilities.
B.
Definitions.
1.
"Amateur radio service"
means a noncommercial, two (2) way radio communications service operated by licensed amateurs using shared frequencies.
2.
"Antenna height"
means the vertical distance from the existing or proposed grade, whichever is lower, to the highest part of the antenna.
3.
"Building-mounted facilities"
means all facilities mounted or attached in any way to an existing building. The building must serve a primary use other than as a site for a communications facility.
4.
"Cell on wheels" or "COW"
means a facility which is temporarily rolled in or temporarily installed.
5.
"Co-location"
means the placement of more than one (1) facility on an existing building or freestanding structure.
6.
"Enhanced 911 emergency calling systems (911/ECS)"
means a service which allows public safety personnel, including police and fire departments, to automatically identify the phone number and location of a person making an emergency call from a mobile source.
7.
"Facade-mounted"
means the mounting of antennas directly to the fascia or sidewall of a building and stealth into the architectural design of the wall.
8.
"Facility"
means a communications facility that repeats, transmits and/or receives electromagnetic signals which includes, but is not limited to: the combination of antennas, transmitters, masts, cabinets, and equipment rooms; towers, monopoles, or similar structures supporting said equipment; screening devices including walls and landscaping; and parking areas and other accessory development.
9.
"Ground-mounted"
means a facility in which the antennas are located on a freestanding pole or structure, other than a building, attached to the ground. These antennas do not use a building or ancillary structure(s) for mounting purposes.
10.
"Height"
means the distance measured from the average finished grade surrounding the facility to the highest point on the facility. In the case of a building tower, the height includes the portion of the building on which it is mounted. Towers that are adjustable in height shall use the maximum height which the structure is capable of reaching.
11.
"Major communications facility"
means a facility other than a minor communications facility, which includes ground-mounted or freestanding facilities and facilities that are not stealth. A facility located within a residential zone, regardless of stealth design, is considered a major communications facility.
12.
"Minor communications facility"
means a facility that includes distributed antenna systems (DAS), microcells and building-mounted facilities that are stealth, including facade-mounted (wall-mounted) and roof-mounted stealth facilities. A co-location onto an existing, approved major communications facility that is in full compliance with this Section, shall be processed as a minor communications facility. Enhanced 911/ECS required by the Federal Communications Commission (FCC) are considered minor communications facilities if they are stealth into the design of an existing building-mounted or freestanding facility.
13.
"Multiple user"
means a communications facility comprised of multiple towers or buildings supporting one (1) or more antennas owned or used by more than one (1) public and/or private entity, excluding research and development industries with antennas to serve internal uses only.
14.
"Freestanding"
means a facility or structure which is not mounted on or attached in any way to an existing building, or that is attached to a structure whose primary purpose is to support, house or serve as a mounting location for communications equipment.
15.
"Not stealth"
means any facility not camouflaged in a readily apparent manner to blend with surrounding land uses and features. The design does not conceal the intended use of the facility and incorporates no readily apparent elements of stealth technology or design. A standard monopole with equipment cabinets aboveground and unscreened would be considered not stealth.
16.
"Personal communications services (PCS)"
is a term coined by the Federal Communications Commission; it describes a two (2) way voice and digital, wireless telecommunications system. PCS encompasses cordless phones, cellular mobile phone paging systems, personal communications networks, wireless office phone systems, and any other wireless telecommunications systems that allow people to place and receive voice/data calls while away from home and office.
17.
"Site justification study"
means a study performed pursuant to certain requirements which explains the demands and rationale that led to the selection of a particular location and design for a communications facility. The study may include information pertaining to the interrelationship between a specific site and other sites in the local network area.
18.
"Stealth"
means camouflaged or designed to blend with the surrounding environment and land uses, minimize aesthetic impact on adjacent uses, and conceal the intended use and appearance of the structures.
19.
"Tower"
means any structure, or support thereto, that is designed and constructed primarily for the purpose of supporting one (1) or more antennas for telephone, radio and similar communications purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like.
C.
Applicability. The procedures and rules set forth in this Section are applicable to all communications facilities and all modifications or additions to existing communications facilities. This Section does not apply to the use or location of private, residential citizen band radio towers, amateur radio service, television antennas, or private residential dish antennas less than one (1) meter in diameter, used for receiving radio frequency or television signals, or public safety communications facilities owned or operated by the City of Carson or any emergency agencies such as the Fire Department or Sheriff's Department.
D.
Procedural Standards.
1.
Minor communications facilities shall be subject to the approval of a development plan in accordance with the site plan and design review procedures as provided in CMC § 9172.23. The Planning Division shall be the approval authority except if the property is located within one hundred (100) feet of a residential zone. In considering applications for minor communications facilities, the Planning Division shall be guided by the provisions of subsections F (Design and Development Standards) and H (Required Findings) of this Section.
The Planning Division shall render a decision in writing, with findings, and conditions, subsequent to receipt of a complete application. The Planning Division's decision shall be final unless a written appeal is filed pursuant to CMC § 9173.4.
2.
Major Communications Facilities. Major communications facilities shall be subject to the approval of a development plan in accordance with the site plan and design review procedures as provided in CMC § 9172.23 and conditional use permit procedures as provided in CMC § 9172.21. A co-location onto an existing, approved major communications facility shall be processed as a minor communications facility, unless as otherwise mentioned in this Section or if the co-location is a substantial addition that would intensify the existing facility as determined by the Planning Officer. In considering applications for major communications facilities, the Planning Commission shall be guided by the provisions of subsections F (Design and Development Standards) and H (Required Findings) of this Section. The decision of the Planning Commission shall be final unless a written appeal is filed pursuant to CMC § 9173.4.
E.
Application Requirements. The following information shall be provided concurrently with any application submitted pursuant to CMC § 9173.1:
1.
Co-Location Statement (if necessary). This statement must be signed by all co-locating providers agreeing to the co-location.
2.
Utility Easement Encroachment Agreement (if necessary). A letter of consent must be provided by the utility purveyor(s) if their easement will be encroached upon.
3.
Local Facilities Map. Show existing facilities and coverage areas in the City. (At the applicant's request, the City of Carson will make every effort to ensure the confidentiality of information which is considered to be of a proprietary nature. Said information will be used for municipal planning purposes only.)
4.
Site Justification Study. A study which explains the demands and rationale for selecting a particular location and design for a communications facility. The study may include information pertaining to the interrelationship between a specific site and other sites in the local network area. For all major communications facilities, this study shall identify all reasonable, technically feasible, alternative locations, including facilities which could be used for co-location or other networks available such as distributed antenna systems. The study shall also explain the rationale for selecting the proposed site. For all feasible co-location sites, the study shall include evidence of written contact with all wireless service providers or tower owners within a quarter mile of the proposed communications facility, unless a smaller radius is technologically justified by the applicant. The contacted tower owner or service provider shall be requested to respond in writing to the inquiry within thirty (30) days. The applicant's letter(s) as well as response(s), or a statement from the applicant detailing all responses received, shall be included with the study as a means of demonstrating the need for a new major communications facility.
5.
RF Emissions Report. The City of Carson acknowledges that it is preempted from regulating the placement, construction or modification of facilities based on environmental effects of radio frequency emissions to the extent that such facilities comply with the Federal Communications Commission's (FCC) regulations. As such, a report shall be submitted which is signed by a radio frequency engineer and prepared pursuant to FCC, Office of Engineering and Technology, Bulletin 65 or any other applicable guidelines or regulations, stating the maximum (EMF/RF) radiation to be emitted by the proposed facility and whether those emissions conform to safety standards adopted by the Federal Communications Commission. The report shall take into account all other facilities within five hundred (500) feet, both existing and known future facilities, the cumulative effects of co-located facilities and existing nearby buildings and structures and shall be written so as to be understandable to the layman. This report shall be available for review by the public.
6.
Site Plan. A site plan shall be submitted and consist of elevation drawings indicating the height, diameter, color, setbacks, landscaping, method of screening, and color photo simulations showing the before and after impacts of the proposed facility on the subject site. Existing communications facilities, poles, towers, and/or antennas shall also be shown. No plans shall include depictions of future antennas or devices, nor shall future antennas or devices be approved, unless specifically identified by applicant in a separate written statement to the Planning Division or Planning Commission as applicable.
7.
Costs and Refundable Deposits. Applicant shall bear the reasonable costs associated with the review of the application including the costs incurred as a result of the need to hire an expert or consultant to review the data or information provided by the applicant or any related application, and for the expert or consultant to attend City meetings as determined by the City. At the time the applicant submits its application, it shall also submit an initial refundable deposit of $2,500. The deposit shall be used by the City to pay the reasonable costs associated with the expert or consultant review of the application. In the event that the deposit is or will be fully expended by the City, at the direction of the City, the applicant shall within five (5) business days deposit additional funds with the City in an amount reasonably estimated by the Director of Community Development. Upon final City action on or withdrawal or termination of the application, any unexpended funds on deposit shall promptly be returned to the applicant by the City. No City construction permit or utility connection authorizations shall be issued by the City for any approved project if the applicant has not fully reimbursed the City for its consultant or expert costs as required herein.
F.
Design and Development Standards.
1.
Setbacks. No communications facility shall be located within or extend into the required setbacks established in the applicable zone.
2.
Height.
a.
Communications facilities utilizing a freestanding support structure shall be limited to the maximum building height for the applicable zoning district.
b.
In zoning districts with no maximum height limit, a communications facility which utilizes a freestanding support structure shall not exceed fifty (50) feet in height above the ground. The zoning of all locations shall be interpreted in accordance with CMC § 9114.2.
c.
New communications facilities constructed on existing conforming structures shall not exceed the height of the existing structure, except for fully stealth roof-mounted facilities on existing buildings which may project up to the maximum height limit described in this Section or eight (8) feet above the roof from where it is attached, whichever is higher.
d.
The Planning Commission or Planning Division may consider approval of facilities to exceed the maximum height limit described in this Section subject to approval of a minor or major exception as described in subsection G (Exceptions) of this Section. Existing facilities lawfully erected prior to July 17, 2003, may have a height limit greater than subsection G (Exceptions) of this Section provided there is no expansion or intensification to the facility.
3.
Undergrounding. Electrical wiring associated with a facility shall be buried underground or hidden in a manner acceptable to the Planning Division and Engineering Division or Planning Commission if applicable. To the extent technologically feasible, all vaults, equipment, shelters, structures, or any other device related to or required for use of a facility, shall be underground in the open space zone, in the right-of way, and where all other utilities are required to be underground. In all other areas in the City, all vaults, equipment, shelters, structures, and other devices shall be permitted aboveground only when said devices are not visible from adjacent property or the right-of-way.
4.
Microwave Dishes. Where economically feasible the use of microwave dishes shall be prohibited and underground lines utilized. Upon a showing of economic infeasibility, microwave dishes up to twenty-six (26) inches shall be permitted.
5.
Painting. The communications facility and supporting structure(s) shall be painted a neutral, non-glossy color that matches the color of the structure to be mounted on or to the color of the surrounding environment subject to the satisfaction of the Planning Manager.
6.
Lighting. All communications facilities, except exempt facilities, shall be unlit, except for a manually operated or motion-detector controlled light above the equipment door which shall be used only for personnel maintenance purposes. This requirement is not intended to address interior structure lighting.
7.
Noise.
a.
All communications facilities, except exempt facilities, shall be constructed and operated in such a manner as to meet the requirements of the noise ordinance.
b.
Backup generators shall only be operated during power outages and for testing and maintenance purposes. No backup generator shall be utilized for longer than seventy-two (72) hours without prior approval of the Engineering Division or Planning Division.
c.
If the facility is located within one hundred (100) feet of a residential dwelling unit, noise attenuation measures, including redesign or screening, shall be included to reduce exterior noise levels to meet the requirements of the noise ordinance.
8.
Signs. The display of any sign or any other graphic on a communications facility or on its screening is prohibited, except for signs for health, safety, and welfare purposes which are required to be posted in case of an emergency. Emergency signs shall be visibly posted at the facility and shall include contact information, including the phone number of the utility provider.
9.
Performance Bond. A faithful performance bond shall be required to ensure compliance with City codes and standards, and the removal of abandoned antennas or facilities, before the issuance of any building or public works permits.
G.
Exceptions.
1.
Exceptions for minor communications facilities may be approved by the Planning Division. For all other facilities including those within one hundred (100) feet of a residential zone, the Planning Commission shall render the decision after notice and hearing. In approving an exception, the Planning Commission or Planning Division shall render a decision in writing, with findings and conditions, subject to the requirements of CMC § 9172.23.
a.
Minor Exceptions. The design standards for setbacks and height listed in subsection F of this Section may be modified by not more than fifteen (15) percent.
The Planning Commission or Planning Division must make all of the following findings based on evidence submitted by the applicant:
(1)
If seeking a minor exception from height standards set forth herein, the applicant shall demonstrate that the proposed height is designed at the minimum height necessary for operation and/or for stealth purposes including design elements or architectural details.
(2)
The minor exception would not create a significant visual impact.
(3)
Granting the minor exception shall conform to the spirit and intent of this zoning code.
(4)
Granting the minor exception will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity.
b.
Major Exceptions. The design standards for setbacks and height listed in subsection F of this Section may be modified by not more than thirty (30) percent.
The Planning Commission or Planning Division must make all of the following findings based on evidence submitted by the applicant:
(1)
If the applicant seeks the major exception in order to service the applicant's gap in service, the applicant shall submit an explanation and supporting engineering data establishing that a tower or antenna as proposed is technologically necessary.
(2)
If the applicant seeks the major exception in order to accommodate the establishment of a co-located facility, the applicant shall demonstrate that conformance with the code would require the installation of new freestanding communications facility or other less desirable facility.
(3)
If seeking a major exception from height standards set forth herein, the applicant shall demonstrate that the proposed height is designed at the minimum height necessary. The applicant shall specifically include an analysis comparing the operation of the facility at its proposed height with its operation at the maximum height permitted herein. The purpose of this analysis is to ensure that additional height is permitted only when technologically necessary for the provision of services. Further, the applicant shall certify that the facility shall not cause a hazard to aircraft.
(4)
Locating the antenna in conformance with the specifications of this Section would obstruct the antenna's reception window or otherwise excessively interfere with reception, and the obstruction or interference involves factors beyond the applicant's control and relocation is not an option.
(5)
The visual impacts are negligible because the facility is designed to architecturally integrate with the surrounding environment.
(6)
Granting the major exception shall conform to the spirit and intent of this zoning code.
(7)
Granting the major exception will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity.
H.
Required Findings. In addition to the provisions of CMC § 9172.21 and § 9172.23, the Planning Division or Planning Commission shall approve a development plan and conditional use permit for a communications facility if affirmative findings can be made based upon the following criteria:
1.
The proposed site is the least intrusive after considering co-location with another facility, other networks available such as distributed antenna systems, and location at another site. If located in the public right-of-way or on City-owned or leased property, the facility must meet the requirements of the Engineering Division.
2.
The proposed communications facility will be aesthetically compatible, located and designed to minimize the visual impact on surrounding properties and from public streets, including adequate screening through the use of landscaping that harmonize with the elements and characteristics of the property and/or stealth which incorporates the facility with the structure in which it will be mounted through use of material, color, and architectural design.
3.
The proposed communications facility is not located on any residential dwelling or on any property which contains a residential dwelling, or any property wherein a person resides, except as may be associated with a church, temple, or place of religious worship.
I.
Maintenance. The site shall be maintained in a condition free of trash, debris, and refuse and all antennas and related structures shall not be permitted to fall into disrepair. All graffiti must be removed immediately or within seventy-two (72) hours of notice from the City.
J.
Temporary Facilities.
1.
The Planning Division may approve, for a period of up to ninety (90) days, a temporary communications facility, including but not limited to a COW, to provide service while an approved communications facility is being fabricated or when an existing antenna has been damaged or destroyed. The Planning Division may extend the ninety (90) day period at the request of the applicant for thirty (30) day intervals if the applicant can prove that there is a hardship that is delaying the issuance of permits for the permanent facility.
2.
The temporary facility may only be approved after the approval authority has approved or conditionally approved an application for a communications facility and the project proponent has signed and returned a copy of the affidavit of acceptance of conditions of approval to the Planning Division.
3.
The Planning Division shall approve the actual location and design of the temporary facility consistent with the requirements of subsection F (Design and Development Standards) of this Section.
4.
The Planning Division or Public Safety Division shall have the authority to approve a temporary use permit for communications facilities needed during a declared emergency. Temporary facilities shall be removed not later than ten (10) days after the conclusion of the declared emergency.
K.
Nonconforming Facilities. Any facility constructed in violation of this Section, or in violation of any part of this code, is subject to immediate abatement. Any major communications facility that is lawfully constructed prior to the effective date of the ordinance codified in this Section shall be deemed a nonconforming use and will be subject to the provision of CMC § 9182.21 and § 9182.22. Additionally, CMC § 9172.25 and § 9182.05 shall govern any request for an extension to the nonconforming privilege.
L.
Facility Removal.
1.
Discontinued Use/Abandonment. The operator of a lawfully erected facility, and the owner of the premises upon which it is located, shall promptly notify the Planning Division in writing in the event that the use of the facility is discontinued for any reason. In the event the facility is discontinued or abandoned for a period of more than one hundred eighty (180) days, then the owner(s) and/or operator(s) shall promptly remove the facility, repair any damage to the premises caused by such removal, and restore the premises as appropriate so as to be in conformance with applicable zoning codes at the owner's and/or operator's expense. All such removal, repair and restoration shall be completed within ninety (90) days after the use is discontinued or abandoned, and shall be performed in accordance with all applicable health and safety requirements. In the event that an owner or operator fails to remove any abandoned facilities or antennas within the time periods stated, the City may remove the facility after providing thirty (30) days' notice, and shall bill the owner and/or operator for all costs including any administrative or legal costs incurred in connection with said removal. Once all costs have been paid by the antenna owner, any bond posted for removal shall be released. The City does not waive any legal rights to seek repayment for removal costs pursuant to a bond posted, or bring an action for repayment of costs.
2.
Utility-Mounted Facility Removal or Relocation. All utility-mounted facilities shall be removed or relocated at the facility owner's expense when a City-approved project requires relocation or undergrounding of the utility structure on which the facility is mounted.
(Ord. 10-1460 § 1; Ord. 03-1284 § 5)
§ 9138.17 Mixed-Use – Carson Street (MU-CS).
A.
Description of Boundaries. The City of Carson Mixed-Use – Carson Street Corridor (MU-CS) is a 1.75-mile section located on the north and south sides of Carson Street between the San Diego (I-405) Freeway and the Harbor (I-110) Freeway. There are five (5) districts within the Carson Street Corridor MU-CS which are: West Gateway District, Community Shopping District, Boulevard Residential District, Civic Center District and East Gateway District. The West Gateway District includes the north and south side of Carson Street between the I-110 Freeway and Moneta Street. The Community Shopping District includes the north and south side of Carson Street from Moneta Street to Dolores Street. The Boulevard Residential District extends from Dolores Street to Grace Avenue, the Civic Center District extends from Grace Avenue to Bonita Street and East Gateway District extends from Bonita Avenue to the I-405 Freeway.
B.
Purpose and Intent. The purpose of the MU-CS Zone is to create a downtown retail and residential district which will provide the City of Carson with a distinctive core area which includes its Civic Center. The use of the regulations and development standards contained herein is intended to fulfill the following objectives:
1.
Create a livable, pedestrian-friendly downtown retail district surrounding the civic core.
2.
Create a distinctive mixed-use character throughout the Carson Street Corridor by establishing standards and guidelines.
C.
Permitted Land Uses. All uses within the Mixed-Use – Carson Street Corridor are subject to site plan and design review per CMC § 9172.23.
1.
Permitted and Conditional Uses. Automatically permitted uses, uses requiring special limitations and requirements, conditionally permitted uses, and all other uses permitted in the MU-CS zoning district are described in CMC § 9131.1. Existing nonconforming uses shall comply with the requirements of Division 2 of Part 8 of this Chapter.
2.
Prohibited Uses. All uses are prohibited except as expressly permitted by the provisions of this Chapter.
3.
Interpretation of Uses Permitted. Further definition and enumeration of uses permitted in the Mixed-Use – Carson Street District shall be determined by means of interpretation in accordance with CMC § 9172.24.
D.
Site Requirements. The site requirements listed under this Section are mandatory.
1.
Minimum Lot Area.
a.
The minimum lot size for a commercial-use-only building or buildings is twenty thousand (20,000) square feet.
b.
The minimum lot size for a mixed-use building or buildings is twenty thousand (20,000) square feet.
c.
The minimum lot size for development with a residential-only building or buildings is thirty thousand (30,000) square feet.
d.
Any lawfully established lot (including a leased area of land during the term of the lease) is deemed to have the required lot size.
e.
A lot may be reduced to less than the required lot area if such a reduction is the result of an acquisition for public purposes.
2.
Street Frontage and Access.
a.
The minimum building frontage shall be seventy (70) percent of the lot width unless modified by the Planning Commission pursuant to CMC § 9172.23 (Site Plan and Design Review).
b.
The building or structure frontage shall not exceed one hundred fifty (150) feet per segment unless modified by the Planning Commission pursuant to CMC § 9172.23 (Site Plan and Design Review).
c.
No lot shall be created unless it is capable of being provided with vehicular access directly from a public street or alley and has a street frontage of at least thirty (30) feet.
d.
A new or additional use shall not be developed on an existing lawfully established lot (including a leased area of land during the term of the lease) unless there is vehicular access from a public street or alley, and such access has a width of at least twenty (20) feet. The required vehicular access shall be either directly from a public street or alley or by means of a right-of-way or easement.
3.
Minimum Lot Width.
a.
The minimum lot width for mixed-use residential or residential use is one hundred (100) feet.
b.
The minimum lot width for a commercial use is fifty (50) feet.
4.
Minimum Lot Depth.
a.
The minimum lot depth shall be two hundred (200) feet.
b.
Any lawfully established lot (including a leased area of land during the term of the lease) is deemed to have the required lot depth.
5.
Building Setbacks.
a.
Front Yard. The following are the required setbacks from the front property line:
1st floor – Commercial/live/work | 10' |
1st floor – Residential | 10' |
2nd floor – Commercial | 10' |
2nd floor – Residential | 10' |
3rd floor – Residential | 10' |
4th floor – Residential | 10' |
West Gateway subarea front yard setback | |
1st and 2nd floor – All development | 15' |
b.
Side Yard. The following are the required setbacks from the side property lines:
Interior | Street Side | |
|---|---|---|
Subterranean garage | 1'' | 1'' |
On-grade parking or partial subterranean garage | 1'' or 3' | 10' |
1st floor – Commercial/live/work | 1'', 3' or 10' | 10' |
1st floor – Residential | 10' | 10' |
2nd floor – Residential | 10' | 10' |
2nd floor – Commercial | 1'', 3' or 10' | 10' |
3rd floor – Residential | 10' | 10' |
4th floor – Residential | 10' | 10' |
If the interior side lot line is adjacent to a residential use, then a ten (10) foot interior side yard is required.
c.
Rear Yard. The following are the required setbacks from the rear property line:
Subterranean garage | 1'' |
On grade parking or partial subterranean garage | 1'' or 3' |
1st floor – Commercial/live/work | 10' |
2nd floor – Commercial/live/work | 10' |
1st floor – Residential | 15' |
2nd floor – Residential | 15' |
3rd floor | 30' |
4th floor | 30' |
d.
The front yard ten (10) foot setback shall be provided and treated as an extension of the public right-of-way in the Carson Street Corridor.
e.
Projections are allowed ten (10) feet into the front yard setback for arcades subject to review by the Planning Manager.
f.
Ground floor awnings and canopies may project five (5) feet into the front and street side yards.
g.
Upper-level balconies may project five (5) feet into the front and street side yards.
6.
Building Height.
a.
No commercial building or structure shall exceed a height of thirty (30) feet.
b.
No residential or mixed-use building or structure shall have more than three (3) stories, including a basement but excluding a cellar, nor shall it exceed a height of forty-five (45) feet, except for residential projects for affordable or senior households permitted in accordance with CMC § 9126.91 or projects that have an exceptional design.
c.
In cases in which CMC § 9126.91 is applicable, no building or structure shall have more than four (4) stories, including a basement but excluding a cellar, nor shall the height exceed fifty-five (55) feet.
d.
The minimum building height shall be eighteen (18) feet.
e.
The Planning Commission may approve building-mounted architectural features that exceed the height requirements described above only if exceptional design is provided as determined by the Planning Commission. The applicant must demonstrate exceptional design based on the quality of materials, colors, texture, and presentation, and the location, orientation, and overall appearance of the architectural feature. The Planning Commission may approve an architectural feature that exceeds the maximum height as described above to a height not more than twenty-five (25) feet; provided, that the architectural feature does not occupy more than ten (10) percent of any vertical plane above the maximum height. The Planning Commission, at its discretion, may require conditions of approval or modifications to the architectural feature in order to achieve an exceptional design, or may deny the proposal if it is unacceptable.
7.
Floor Area Ratio (FAR).
a.
The maximum floor area ratio (FAR) residential or mixed-use shall be 1.5.
b.
The minimum floor area ratio for ground floor commercial uses within a mixed-use development is 0.15.
c.
The maximum floor area ratio for ground floor commercial uses within a mixed-use development is 0.7.
d.
Subterranean garages are not included in the FAR calculation.
e.
Partially subterranean garages are calculated at fifty (50) percent of the gross floor area.
8.
Density.
a.
A maximum density for residential use is thirty-five (35) dwelling units per acre.
b.
If the residential units are affordable or for senior use per CMC § 9126.91, the maximum density is fifty-five (55) dwelling units per acre.
c.
The maximum number of dwelling units permitted on a lot or project area is the net lot area in acres multiplied by the density designation number, i.e., thirty-five (35) or fifty-five (55). Any fractional amount equal to or greater than one-half (1/2) shall permit an additional dwelling unit.
9.
Recreational Open Space.
a.
Recreational facilities shall be designed as that space suitably equipped and devoted to active or passive recreation for the exclusive use of the residents of a particular residential building or structure.
b.
In each condominium or multiple-family dwelling project, there shall be usable open space of at least fifteen (15) percent of the gross floor devoted to residential use of which sixty (60) percent must be open to the sky.
10.
Private Open Space.
a.
In each condominium or multiple-family project, there shall be one hundred thirty (130) square feet of private open space for all zero (0) and one (1) bedroom units and one hundred fifty (150) square feet of private open space for each larger unit.
b.
A reduction in the amount of private open space may be authorized subject to the review and approval of a development plan by the Planning Commission pursuant to CMC § 9172.23 (Site Plan and Design Review).
11.
Separation Between Buildings on Same Lot.
a.
There shall be a minimum of six (6) foot separation between buildings or one (1) foot horizontal distance for each two (2) feet of building height on the lowest building.
b.
Paseos between buildings shall be provided to facilitate pedestrian access between rear parking lots and Carson Street in the Downtown Retail District. Paseos shall be a minimum of fifteen (15) feet.
12.
Parking.
a.
Shared on-site parking is permitted with a conditional use permit.
b.
Tandem parking may be used for the same residential unit. Tandem parking cannot exceed twenty-five (25) percent of the total parking count. No more than twenty-five (25) percent of the parking spaces could be tandem. Two parking spaces in tandem shall have a combined minimum dimension of nine (9) feet by thirty-six (36) feet.
c.
Live/work units require one and one-half (1-1/2) spaces for units under two thousand five hundred (2,500) square feet. Larger units require one (1) space per unit plus the number of spaces required for commercial use per CMC § 9162.21.
d.
Residential use requires one (1) covered parking space for every studio and two (2) covered spaces for each unit with one (1) or more bedrooms. One (1) guest space for each four (4) units.
e.
No more than one-third (1/3) of the required parking spaces shall be compact spaces.
f.
Mixed-use developments require parking for the sum of all the uses.
g.
Parking for residential use shall be secure and separate from off-street parking devoted for commercial uses.
h.
Parking spaces for residential purposes either in a mixed-use development or exclusively residential development may be provided in a common covered garage above, below or at grade level subject to the review and approval of a development plan by the Planning Commission pursuant to CMC § 9172.23 (Site Plan and Design Review).
i.
Remote parking is permitted within four hundred (400) feet of use with a conditional use permit, if property owners involved in the joint use agree by covenant.
j.
All commercial parking lots/structures shall provide a minimum of five (5) percent of total stalls for preferred parking for carpools/vanpools.
k.
Bicycle parking shall be provided for at least five (5) percent of the total number of stalls in all parking areas.
l.
Deviations from the parking requirements may be authorized subject to approval of a development plan by the Planning Commission pursuant to CMC § 9172.23 (Site Plan and Design Review) if the project includes affordable housing opportunities as defined by this Chapter.
m.
All other requirements of Part 6, Division 2 (Vehicle Parking, Loading and Maneuvering Areas) of this Chapter are applicable.
13.
Lighting.
a.
Pedestrian-scale lighting with a minimum one (1) foot candle is required in the public areas.
b.
Storefront entries shall be illuminated.
c.
Lighting shall be shielded to prevent glare on adjacent properties.
14.
Drive-In or Drive-Through Restaurants.
a.
Drive-in or drive-through restaurants are only permitted for multi-level mixed-use developments on four (4) acres or greater that contain a mixture of commercial and residential uses and includes senior or affordable housing.
b.
Only one (1) drive-in or drive-through restaurant is permitted per mixed-use development.
c.
The drive-in or drive-through shall be ancillary to the main restaurant and designed to not draw excessive attention.
d.
Signage for the drive-in or drive-through shall be kept to a minimum and approved through a development plan.
e.
A traffic report shall be prepared by a qualified traffic engineer and reviewed and approved by the City Traffic Engineer for proper queuing, adequate circulation, and available parking.
f.
A conditional use permit shall be obtained in compliance with CMC § 9172.21 and approved by the Planning Commission.
E.
Landscaping.
a.
All portions of setbacks not covered by permitted encroachments, pedestrian walkways, or driveways shall be landscaped.
b.
Open parking areas located at or above grade shall be landscaped in accordance with CMC § 9162.52 (Landscaping Requirements).
c.
All landscaping shall be in compliance with the provisions of Part 6, Division 8 of this Chapter relating to water-efficient landscaping.
d.
One specimen-size tree (thirty (30) inch box tree) shall be provided for each four (4) units. A reduction in the number of required specimen box trees may be authorized subject to the review and approval of a development plan by the Planning Commission pursuant to CMC § 9172.23 (Site Plan and Design Review).
e.
All other requirements of CMC § 9162.52 (Landscaping Requirements) are applicable.
F.
Signage. The purpose of this Section is to guide commercial development on Carson Street in the selection and placement of their signage. It is the intent to provide a reasonable number of signs, as well as size specifications, in order to provide aesthetic harmony in the District. It is further intended to limit the number and size of signs to that required for proper conduct of business, yet controlling and managing the design, aesthetics and placement of all signage. It is desired that artistic flexibility be allowed while maintaining continuity and appropriate scale to the District as a whole. The information contained in these development standards as adopted by the City of Carson establishes mandatory criteria to which each sign must conform. Any deviations from these standards may be considered by the Planning Commission pursuant to an approved sign program. Each business will be responsible for the construction, installation and maintenance of its signage, and must submit plans for design approval to the City of Carson, pursuant to this Section. Submitted drawings must indicate location, materials, finishes, height, square footage and method of installation for all proposed signage.
1.
Standards.
a.
The combined sign area for all signs on a single-story building which abuts a public street shall not exceed two (2) square feet for each of the first twenty (20) feet of business storefront and one (1) square foot for each linear foot that exceeds the first twenty (20) feet.
b.
Businesses that take their primary access from the public right-of-way shall have no more than two (2) signs: one (1) wall sign and one (1) awning window or pedestrian sign. Businesses located on a corner may have one (1) wall sign and window or pedestrian sign on each side.
c.
Ground floor businesses that have an entrance on an alley or rear parking lot may have one (1) additional sign on the exterior wall that abuts the parking lot. Maximum sign area shall be calculated at subsection (F)(1)(a) of this Section. No more than two (2) rows of letters allowed.
d.
Capital letters shall not exceed a height of eighteen (18) inches. Lower case letters shall not exceed a height of eighteen (18) inches. When using logos, logo size should not exceed twenty-four (24) inches. Two (2) rows of letters shall not exceed thirty-six (36) inches.
e.
Major projecting signs shall be a minimum of eight (8) feet above adjacent grade and shall not project above the building parapet. Maximum sign projection beyond the building line should be thirty (30) inches at eight (8) feet above grade and a maximum of forty-eight (48) inches at fourteen (14) feet above grade. Projecting signs shall not exceed twenty-five (25) square feet and be no closer than fifteen (15) feet to another projecting sign, monument sign, or pylon sign.
f.
Minor projecting signs shall not exceed four (4) square feet in size and shall not project more than thirty (30) inches from the wall on which they are attached.
g.
Pedestrian signs shall not exceed four (4) square feet in size and shall not project more than thirty (30) inches from the wall on which they are attached. Internal illumination of pedestrian signs is prohibited.
h.
Window signs shall be limited to permanent signs and shall not exceed fifteen (15) percent of the window area. Signage letters shall not exceed three (3) inches in height. Content of the sign is limited to the business name and address. No phone numbers are allowed.
i.
Blade signs shall be mounted a minimum of eight (8) feet above grade and project no more than thirty (30) inches from the building line in the West Gateway District.
j.
A one (1) foot by two (2) foot sign listing the business is permitted on live/work units. All other signage is not allowed, including signage on the inside of the units which may be viewed through the front windows.
k.
Awning signs shall be kept to a minimum size and be limited to the valance of the awning. Area shall be calculated with total area.
l.
Wall-mounted signage should be centered above storefront. Signage width should not exceed seventy-five (75) percent of leasehold frontage.
m.
The sign area of a monument sign shall not exceed 1.5 square feet per each foot of street frontage. Sign placement shall not exceed a maximum of one (1) per every one hundred fifty (150) linear feet of street frontage. Signs shall be located at least seven and one-half (7-1/2) feet from interior lot lines. Monument signs shall be a maximum of eight (8) feet high, with a maximum eighteen (18) inch base and should not be a hazard to pedestrian or vehicular traffic. Sign content shall be limited to shopping center name and name of tenant (no more than two (2) rows of letters).
n.
Pole or pylon signs are limited to sign per center subject to review by the Planning Manager. Pole or pylon signs are reserved for major tenants. Pole or pylon signs are limited to parcels two (2) acres and more. The maximum height is thirty (30) feet. The area shall not exceed one (1) square foot for each square foot of building frontage.
o.
Pole, pylon or monument signs shall be located within a minimum two hundred (200) square foot landscaped planter area.
p.
Any deviations from the standards may be considered by the Planning Commission pursuant to an approved sign program.
2.
Prohibited Signs. The following signs are prohibited:
a.
Internally illuminated sign cabinets with a rectangular form.
b.
Use of human beings, live animals or animated figures.
c.
Pennants, streamers, flashing blinking lights or moveable signs (electric or manual).
d.
Sign promoting products sold at other locations.
e.
Pole or pylon signs on sites less than two (2) acres.
f.
Exposed raceway.
3.
Temporary Signs.
a.
Banners, permits and other similar temporary signage placed on the exterior of the building are generally prohibited, although they may be permitted at the opening of a new business, or for special events with prior approval of the Planning Division.
G.
Walls.
1.
Standards.
a.
All perimeter walls shall be placed directly on the property line.
b.
All perimeter walls are to be constructed out of masonry (stone, block, brick) with stucco finish.
c.
All perimeter walls are to be articulated via pilasters, reveals, or other elements at a maximum of thirty (30) foot intervals.
H.
Other.
1.
Standards.
a.
Trash and recycling areas shall be provided in accordance with Part 6, Division 4 (Trash and Recycling Areas) of this Chapter.
b.
Nonresidential development shall comply with Part 6, Division 5 (Transportation Demand and Trip Reduction Measures) of this Chapter.
c.
Exclusively residential development and the residential portion of mixed-use developments shall be in conformance with the requirements set forth in CMC § 9128.11 (Intent and Purpose), 9128.13 (Application for Conditional Use Permit), 9128.17 (Declaration of Covenants – Conditions and Restrictions), 9128.51 (Multiple-Family Dwelling), 9128.53 (Application for Conditional Use Permit) and 9128.55 (Development Criteria).
d.
Residential uses shall be permitted pursuant to the development standards established by CMC § 9128.16 and § 9128.54 except as modified in this Section.
I.
Live/Work Criteria. The purpose of this Section is to provide standards for live/work units. Live/work units are intended to be occupied by business operators who live in the same structure that contains the commercial activity. The Planning Commission during the conditional use permit process may impose additional conditions as deemed necessary to protect public health, safety and welfare. The development standards for live/work units are mandatory.
1.
Development Standards.
a.
Each live/work unit shall front on a public or private street and the work area shall be located at street level.
b.
Each unit shall have a pedestrian-oriented frontage.
c.
The living space within the live/work unit shall be contiguous with and an integral part of the working space with direct access between the two (2) areas and not a separate stand-alone dwelling unit. The residential unit shall not have a separate street address from the business component.
d.
The live/work unit shall be occupied and used only by a business operator and/or household of which at least one (1) member shall be the business operator.
e.
The living space shall not be rented or sold separately from the working space.
f.
One (1) employee, at a time, who does not reside in the unit may work in the unit, unless this employment is prohibited or limited by the conditional use permit.
g.
Other than a sign as permitted by this Section, in no way shall the appearance of the structure be altered, or the conduct of the use within the structure be such that the structure may be recognized as serving a nonresidential use (either by color, materials, construction, lighting, odors, noises, vibrations, etc.).
h.
The retail use shall be limited to the display and sale of works created in the unit.
i.
A commercial business license shall be obtained.
j.
A copy of the conditional use permit, showing the conditions of the use permit, shall be provided to all occupants of live/work units in the building prior to their execution of a lease or purchase agreement for such live/work unit.
k.
Work space shall be limited to the first floor of the building. Living space shall be located in the rear ground level or upper floors so that it does not interrupt the appearance of the commercial frontage.
l.
The designated work space cannot be used for residential living space other than a home office.
m.
There shall be no storage of flammable liquids or hazardous materials beyond that normally associated with a residential use. Storage of flammable liquids and hazardous materials beyond that normally associated with a residential use, such as for an artist studio, shall be allowed only through an approved conditional use permit and approval from the Los Angeles County Fire Department and Building Official.
2.
Performance Standards. These performance standards shall apply to all live/work units:
a.
Noise. Noise resulting from conduct of the work within the unit shall be muffled so as not to become disruptive to surrounding neighborhoods due to volume, tone, intermittence, frequency or shrillness.
b.
Odor. Every use shall be operated in such a manner that it does not emit an obnoxious odor or fumes beyond the working unit/area.
c.
Smoke. Every use shall be operated in such a manner that it does not emit smoke into the atmosphere.
d.
Dust and Dirt. Every use shall be operated in such a manner that it does not emit any dust or dirt into the atmosphere.
3.
Findings. The following findings must be made when approving a conditional use permit for live/work units:
a.
The proposed use at the location requested will not significantly cause an adverse effect to the health, safety or welfare of persons residing or working in the surrounding area; or
b.
The proposed site is adequate in size and shape to accommodate the yards, open space, walls, fences, parking, landscaping and other development requirements as required to integrate the use with existing and planned uses in the surrounding area; and
c.
The proposed site is adequately served by highways and streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate, and by other public and private service activities as required.
d.
The living and working areas are not separately rented.
J.
Design Guidelines and Sustainable Standards. The purpose of the guidelines is to establish the parameters of sustainable design and provide an opportunity to incorporate the principles of sustainable design into a concentrated area of development, where they can be implemented in a consistent and coordinated manner. The sustainable guidelines shall serve as best practices recommendations for all new development within the Carson Street Corridor. These guidelines are intended to promote a more sustainable built environment through specific design and construction techniques. Guidelines, unlike standards, are not mandatory.
All projects within the Mixed-Use – Carson Street Corridor District are recommended to incorporate the following guidelines and are subject to City review and approval.
1.
Site Design/Development.
a.
Create outdoor spaces to promote community, a sense of place, pedestrian-friendly environments, and reduced automobile usage.
b.
Encourage rehabilitation of damaged sites due to environmental contamination.
c.
Cluster buildings to promote higher-density communities and greater opportunities for energy-efficient designs.
d.
Site buildings to take advantage of solar orientation, minimize energy use and to increase potential for alternative energy sources.
e.
Increase porous paving to minimize stormwater/runoff impact on surrounding environment.
f.
Minimize uplighting and reduce site lighting requirements to be one (1) foot candle per square foot to lower the amount of light that spills across the site.
g.
There should be a minimum of curb cuts provided and no wider than is necessary to serve the project.
h.
Enhanced paving should be provided at all driveways.
i.
Built streetwall along Carson Street should be a minimum of fifty (50) percent of lot width in the West Gateway and Community Shopping Districts.
j.
Provide pedestrian access connecting rear parking lots to street when possible.
k.
Parking lots should be placed at the rear and sides of new retail development to establish a consistent building frontage line along Carson Street.
l.
New points of ingress and egress to public or private parking lots should be from side streets whenever possible. Driveways onto Carson Street should be combined to serve two (2) or more properties whenever possible.
m.
Provide continuous enhanced paving at pedestrian areas adjoining one (1) or more developments and all driveway areas.
n.
Provide fountains and/or civic art, centrally located, in designated open space areas for visual attraction, screening of traffic noise and cooling effect.
o.
All new developments over twenty thousand (20,000) square feet should incorporate a public arts component equal to at least one (1) percent of the total project costs.
p.
Primary ground floor building entrances should front the public right-of-way. Secondary entrances are permitted when parking is located to the side or rear of the building. The main entrance should be clearly identified and directly accessible from the public right-of-way.
q.
New points of access to parking lots for corner lots shall be on the side street.
r.
Driveways onto Carson Street shall be combined to serve two (2) properties when possible.
2.
Building Composition/Architecture.
a.
Orient longer side of building on an east-west axis to maximize solar heat gain.
b.
Shape buildings to maximize effects of local wind condition and circulate breezes.
c.
Specify light colors or reflective colors and materials to minimize heat gain.
d.
Specify windows and glazing systems with high R-values and e-coatings to minimize heat gain and loss.
e.
Provide roof overhangs, awnings, canopies, porches, or blinds to prevent unwanted solar heat gain.
f.
Provide natural lighting opportunities through the use of skylights, lightshelves, lightwells, clerestories, and windows.
g.
Specify materials that are either made from recycled content or are reused from previous construction.
h.
Specify materials that do not contain formaldehyde, organic solvents, VOCs and chlorofluorocarbons (CFCs).
i.
Entries shall be enhanced through architectural treatment such as tiling, individual awnings, or placement of signs above the entryways.
j.
Buildings fronting onto intersections should have architectural features to demarcate the corner.
k.
Recess storefront bays on new buildings at least three (3) inches from the front plane of the building. Encourage retention of recessed storefront remodel.
l.
Wall opening (windows and doors) shall occupy a minimum of seventy (70) percent of the ground floor street facade in commercial units. Opaque or dark tinted glass is strongly discouraged.
m.
Doors and windows for retail shops shall contain seventy (70) percent clear glass (ninety (90) percent light transmission). Solid doors, or doors with opaque or dark tinted glass are strongly discouraged.
n.
Each floor above the ground floor shall have a minimum of two (2) windows.
o.
Storefront windows shall be a minimum of eighteen (18) inches and a maximum of thirty-six (36) inches from the sidewalk grade to accommodate a traditional bulkhead.
p.
Upper-floor windows should have a greater height-to-width ratio.
q.
Skylights, clerestories and transom windows should be incorporated into the building where possible to allow for maximum amount of daylight.
r.
If awnings are used, each structural bay should have an individual awning. One unified awning spanning several bays shall be prohibited. Awning shape should relate to the shape of the window and door openings.
s.
Awnings should be constructed of canvas with metal or wood frames.
t.
Wall-mounted signage shall be centered above storefront.
u.
Buildings should be designed with a variety of scales, creating a scale and level of detail that addresses the pedestrians at street level and the formal conditions of the upper floors.
v.
New development should consider the roof lines of adjacent buildings to avoid clashes in scale, proportion, style and materials.
w.
Roof pitches that create prominent or out-of-scale building elements, such a A-frame roofs, geodesic domes, or chalet-style buildings are strongly discouraged.
x.
The use of exterior paint should be limited to four (4) different colors per building. Use of fluorescent colors are strongly discouraged.
y.
Use of wood, metal, vinyl, and heavily textured stucco as primary exterior building materials is strongly discouraged. Wood and metal may be used for door frames, window frames and other accent uses. Permitted exterior materials for storefront bulkheads should be tile, brick or stucco.
z.
Recess storefront bays on new buildings at least three (3) inches from the front plane of the building. Encourage retention of recessed storefront in storefront remodel.
aa.
Entries should be enhanced through architectural treatment such as tiling, individual awnings, or placement of signs above the entryway.
bb.
Facades should be varied via elements such as windows, fenestrations, cornices, etc., to create visual interest, variety and emphasis. Long repetitive expanses of wall surfaces should be avoided. Vertical and horizontal design elements should be incorporated to balance the facade composition.
cc.
Each structural bay should have an individual awning when awnings are provided. One unified awning spanning several structural bays is discouraged. Awnings should relate to the shape of the window and door openings. Awnings should be constructed of canvas with metal or wood frames.
dd.
Exterior security grills or permanently affixed security bars are strongly discouraged. Roll-down security grills that conceal storefront windows are strongly discouraged. Interior security grills must recess completely into pockets that conceal the grill when it is retracted. Roll-down security grills and housings must be completely concealed from the street by awnings or canopies. Security grills should not be visible during hours of operation.
3.
Conservation.
a.
Consider offsetting energy costs through alternative energy sources such as photovoltaics, wind power, water power, geothermal, bio-gas, or co-generation plants.
b.
Specify lighting fixtures, plumbing fixtures, and appliances that minimize energy and water consumption (i.e., fluorescent lights, daylight sensors, low-flow toilet fixtures, automatic faucets, natural gas appliances.
c.
Institute recycling programs for facilities and provide recycling locations within developments to collect materials.
4.
Public Improvements.
a.
Minimize amounts of impervious surfaces to reduce stormwater runoff and reduce heat islands through use of landscaping, permeable paving and high-albedo concrete.
b.
Provide attractive waiting areas for mass transit use, preferred carpool/vanpool parking locations, bicycle storage areas, and shower/changing facilities for building users.
c.
Provide site amenities (i.e., drinking fountains, benches, bike racks, etc.)
d.
Provide pedestrian-scaled pole lighting with a minimum of one (1) foot candle in all public areas.
e.
Transit shelters should be incorporated into the design of commercial and mixed-use projects. Designs can be physically integrated into the development or coordinated aesthetically with the proposed development.
5.
Landscape.
a.
Protect the native topsoil during construction so it can support the future landscape, reduce stormwater runoff, reduce fertilizer and pesticide use, and conserve irrigation water.
b.
Minimize disruption of existing plants, especially trees. Existing mature trees and shrubs should be incorporated into the site plan when possible.
c.
Landscape to reduce energy use by shading buildings and parking lots during hot summer months and to allow for heat gain in the winter, as well as enhancing natural ventilation by directing breezes and blocking wind.
d.
Design landscape to allow irrigation and stormwater to soak into the soil recharging groundwater systems and filter out pollutants. Reduce runoff, erosion and pesticide use during construction and operation to protect water quality.
e.
Minimize waste by reducing the need to prune by selecting appropriate plants and using plant trimmings as mulch and compost.
f.
Use salvaged and recycled content materials in the landscape.
g.
Accent planting should be used at all driveways and pedestrian entries to the property marking appropriate entryways. Accent planting should consist of low ground cover and flowering plants.
6.
Signs.
a.
Signs may use any of the building colors plus three (3) additional colors. Signs must use at least one (1) building color.
b.
It is recommended that signs have internally illuminated letters on a raceway (channel letters), neon letters, and externally illuminated letters mounted to facade or canopy, internally and externally illuminated projecting signs, sign cabinets with distinctive curvilinear form.
c.
Internally illuminated sign cabinets with a rectangular form are strongly discouraged.
(Ord. 14-1536 § 2; Ord. 11-1479 §§ 11, 12; Ord. 09-1420 § 2; Ord. 09-1419 § 4; Ord. 08-1403 § 1; Ord. 06-1363 § 9)
§ 9138.18 Mixed-Use – Sepulveda Boulevard (MU-SB).
A.
Description of Boundaries. The City of Carson Mixed-Use – Sepulveda Boulevard Corridor (MU-SB) is located on the south side of Sepulveda Boulevard, two hundred forty (240) feet east of Marbella Avenue to four hundred (400) feet west of Avalon Boulevard.
B.
Purpose and Intent. The purpose of the MU-SB Zone is to create a retail, office and residential district along the south side of Sepulveda Boulevard. The use of the regulations and development standards contained herein is intended to fulfill the following objectives:
1.
Create a mix of high density residential and commercial use on the south side of Sepulveda Boulevard.
2.
Create a buffer between the major street and the residential uses to the south.
C.
Permitted Land Uses. All uses within the Mixed-Use – Sepulveda Boulevard District are subject to site plan and design review per CMC § 9172.23.
1.
Permitted and Conditional Uses. Automatically permitted uses, uses requiring special limitations and requirements, conditionally permitted uses, and all other uses permitted in the MU-SB zoning district are described in CMC § 9131.1. Existing nonconforming uses shall comply with the requirements of Division 2 of Part 8 of this Chapter.
2.
Prohibited Uses. All uses are prohibited except as expressly permitted by the provisions of this Chapter.
3.
Interpretation of Uses Permitted. Further definition and enumeration of uses permitted in the Mixed-Use – Sepulveda Boulevard District shall be determined by means of interpretation in accordance with CMC § 9172.24.
D.
Site Requirements. The site requirements listed under this Section are mandatory.
1.
Minimum Lot Area.
a.
The minimum lot size for a commercial use-only building or buildings is ten thousand (10,000) square feet.
b.
The minimum lot size for a mixed use building or buildings is fifteen thousand (15,000) square feet.
c.
The minimum lot size for development with a residential-only building or buildings is ten thousand (10,000) square feet.
d.
Any lawfully established lot (including a leased area of land during the term of the lease) is deemed to have the required lot size.
e.
A lot may be reduced to less than the required lot area if such a reduction is the result of an acquisition for public purposes.
2.
Street Frontage and Access.
a.
The minimum building frontage shall be seventy (70) percent of the lot width unless modified by the Planning Commission pursuant to CMC § 9172.23 (Site Plan and Design Review).
b.
The building or structure frontage shall not exceed one hundred fifty (150) feet per segment unless modified by the Planning Commission pursuant to CMC § 9172.23 (Site Plan and Design Review).
c.
No lot shall be created unless it is capable of being provided with vehicular access directly from a public street or alley and has a street frontage of at least thirty (30) feet.
d.
A new or additional use shall not be developed on an existing lawfully established lot (including a leased area of land during the term of the lease) unless there is vehicular access from a public street or alley, and such access has a width of at least twenty (20) feet. The required vehicular access shall be either directly from a public street or alley or by means of a right-of-way or easement.
3.
Minimum Lot Width.
a.
The minimum lot width for mixed-use residential or residential use is one hundred (100) feet.
b.
The minimum lot width for a commercial use is fifty (50) feet.
4.
Minimum Lot Depth.
a.
The minimum lot depth shall be one hundred (100) feet.
b.
Any lawfully established lot (including a leased area of land during the term of the lease) is deemed to have the required lot depth.
5.
Building Setbacks.
a.
Front Yard. The following are the required setbacks from the front property line:
Commercial/live/work | 5' |
Residential | 5' |
Commercial | 5' |
3rd floor – Residential | 10' |
b.
Side Yard. The following are the required setbacks from the side property lines:
Interior | Street Side | |
|---|---|---|
Subterranean garage | 1'' | 1'' |
On grade parking or partial subterranean garage | 1'' or 3' | 5' |
1st floor – Commercial/live/work | 1'', 3' or 5' | 5' |
1st floor – Residential | 5' | 5' |
2nd floor – Residential | 5' | 5' |
2nd floor – Commercial | 1'', 3' or 5' | 5' |
3rd floor – Residential | 5' | 5' |
If the interior side lot line for a commercial use is adjacent to residential use, then a ten (10) foot interior side yard is required.
c.
Rear Yard. The following are the required setbacks from the rear property line:
Subterranean garage | 1'' |
On grade parking or partial subterranean garage | 1'' or 3' |
1st floor – Commercial/live/work | 5' |
2nd floor – Commercial/live/work | 5' |
1st floor – Residential | 5' |
2nd floor – Residential | 5' |
3rd floor | 10' |
d.
Ground floor awnings and canopies may project five (5) feet into the front and street side yards.
e.
Upper level balconies may project five (5) feet into the front and street side yards.
6.
Building Height.
a.
No commercial building or structure shall exceed a height of thirty (30) feet.
b.
No residential or mixed-use building or structure shall have more than three (3) stories including a basement but excluding a cellar, nor shall it exceed a height of forty-five (45) feet.
7.
Floor Area Ratio (FAR).
a.
The maximum floor area ratio (FAR) residential or mixed-use shall be 1.5.
b.
The minimum floor area ratio for ground floor commercial uses within a mixed-use development is 0.15.
c.
The maximum floor area ratio for ground floor commercial uses within a mixed-use development is 0.7.
d.
Subterranean garages are not included in the FAR calculation.
e.
Partially subterranean garages are calculated at fifty (50) percent of the gross floor area.
8.
Density.
a.
A maximum density for residential use is twenty-five (25) dwelling units per acre.
b.
If the residential units are affordable or for senior use per CMC § 9126.91, the maximum density is thirty-three (33) dwelling units per acre.
c.
The maximum number of dwelling units permitted on a lot or project area is the net lot area in acres multiplied by the density designation number; i.e., twenty-five (25) or thirty-three (33). Any fractional amount equal to or greater than one-half (1/2) shall permit an additional dwelling unit.
9.
Recreational Open Space.
a.
Recreational facilities shall be designated as that space suitably equipped and devoted to active or passive recreation for the exclusive use of the residents of a particular residential building or structure.
b.
In each condominium or multiple-family dwelling project, there shall be usable open space of at least fifteen (15) percent of the gross floor devoted to residential use, of which sixty (60) percent must be open to the sky.
10.
Private Open Space.
a.
In each condominium or multiple-family project, there shall be one hundred thirty (130) square feet of private open space for all zero (0) and one (1) bedroom units and one hundred fifty (150) square feet of private open space for each larger unit.
b.
A reduction in the amount of private open space may be authorized subject to the review and approval of a development plan by the Planning Commission, pursuant to CMC § 9172.23 (Site Plan and Design Review).
11.
Separation Between Buildings on Same Lot.
a.
There shall be a minimum six (6) foot separation between buildings or one (1) foot horizontal distance for each two (2) feet of building height on the lowest building.
12.
Parking.
a.
Shared on-site parking is permitted with a conditional use permit.
b.
Tandem parking may be used for the same residential unit. Tandem parking cannot exceed twenty-five (25) percent of the total parking count. Two (2) parking spaces in tandem shall have a combined minimum dimension of nine (9) feet by thirty-six (36) feet.
c.
Live/work units require one and one-half (1-1/2) spaces for units under two thousand five hundred (2,500) square feet. Larger units require one (1) space per unit plus the number of spaces required for commercial use per CMC § 9162.21.
d.
Residential use requires one (1) covered parking space for every studio, two (2) covered spaces for each unit with one (1) or more bedrooms. One guest space for each four (4) units.
e.
No more than one-third (1/3) of the required parking spaces shall be compact spaces.
f.
Mixed-use developments require parking for the sum of all the uses.
g.
Parking for residential use shall be secure and separate from off-street parking devoted for commercial uses.
h.
Parking spaces for residential purposes either in a mixed-use development or exclusively residential development may be provided in a common covered garage above, below or at grade level subject to the review and approval of a development plan by the Planning Commission pursuant to CMC § 9172.23 (Site Plan and Design Review).
i.
Off-site parking is permitted within four hundred (400) feet of use with a conditional use permit, if property owners involved in the joint use agree by covenant.
j.
All commercial parking lots/structures shall provide a minimum of five (5) percent of total stalls for preferred parking for carpools/vanpools.
k.
All commercial development shall provide bicycle parking for at least five (5) percent of the total number of parking stalls in all parking areas.
l.
Deviations from the parking requirements may be authorized subject to approval of a development plan by the Planning Commission pursuant to CMC § 9172.23 (Site Plan and Design Review) if the project includes affordable housing opportunities as defined by this Chapter.
m.
All other requirements of Part 6, Division 2 (Vehicle Parking, Loading and Maneuvering Areas) of this Chapter are applicable.
13.
Lighting.
a.
Pedestrian-scale lighting with a minimum one (1) foot-candle is required in the public areas.
b.
Storefront entries shall be illuminated.
c.
Lighting shall be shielded to prevent glare on adjacent properties.
E.
Landscaping.
a.
All portions of setbacks not covered by permitted encroachments, pedestrian walkways, or driveways shall be landscaped.
b.
Open parking areas located at or above grade shall be landscaped in accordance with CMC § 9162.52 (Landscaping Requirements).
c.
All landscaping shall be in compliance with the provisions of Division 8, Part 6 of this Chapter relating to water-efficient landscaping.
d.
One specimen-size tree (thirty (30) inch box tree) shall be provided for each four (4) units. A reduction in the number of required specimen box trees may be authorized subject to the review and approval of a development plan by the Planning Commission pursuant to CMC § 9172.23 (Site Plan and Design Review).
e.
All other requirements of CMC § 9162.52 (Landscaping Requirements) are applicable.
F.
Signage. The purpose of this Subsection is to guide commercial development on Sepulveda Boulevard in the selection and placement of their signage. It is the intent to provide a reasonable number of signs, as well as size specifications, in order to provide aesthetic harmony in the District. It is further intended to limit the number and size of signs to that required for proper conduct of business, yet controlling and managing the design, aesthetics and placement of all signage. It is desired that artistic flexibility be allowed while maintaining continuity and appropriate scale to the District as a whole. The information contained in these development standards as adopted by the City of Carson establishes mandatory criteria to which each sign must conform. Any deviations from these standards may be considered by the Planning Commission pursuant to an approved sign program. Each business will be responsible for the construction, installation and maintenance of its signage, and must submit plans for design approval to the City of Carson, pursuant to this Section. Submitted drawings must indicate location, materials, finishes, height, square footage and method of installation for all proposed signage.
1.
Standards.
a.
The combined sign area for all signs on a single-story building which abuts a public street shall not exceed two (2) square feet for each of the first twenty (20) feet of business storefront and one (1) square foot for each linear foot that exceeds the first twenty (20) feet.
b.
Businesses that take their primary access from the public right-of-way shall have no more than two (2) signs: one (1) wall sign and one (1) awning window or pedestrian sign. Businesses located on a corner may have one (1) wall sign and window or pedestrian sign on each side.
c.
Ground floor businesses that have an entrance on an alley or rear parking lot may have one (1) additional sign on the exterior wall that abuts the parking lot. Maximum sign area shall be calculated at subsection (F)(1)(a) of this Section. No more than two (2) rows of letters allowed.
d.
Capital letters shall not exceed a height of eighteen (18) inches. Lower case letters shall not exceed a height of eighteen (18) inches. When using logos, logo size should not exceed twenty-four (24) inches. Two (2) rows of letters shall not exceed thirty-six (36) inches.
e.
Major projecting signs shall be a minimum of eight (8) feet above adjacent grade and shall not project above the building parapet. Maximum sign projection beyond the building line should be thirty (30) inches at eight (8) feet above grade and a maximum of forty-eight (48) inches at fourteen (14) feet above grade. Projecting signs shall not exceed twenty-five (25) square feet and be no closer than fifteen (15) feet to another projecting sign, monument sign, or pylon sign.
f.
Minor projecting signs shall not exceed four (4) square feet in size and shall not project more than thirty (30) inches from the wall on which they are attached.
g.
Pedestrian signs shall not exceed four (4) square feet in size and shall not project more than thirty (30) inches from the wall on which they are attached. Internal illumination of pedestrian signs is prohibited.
h.
Window signs shall be limited to permanent signs and shall not exceed fifteen (15) percent of the window area. Signage letters shall not exceed three (3) inches in height. Content of the sign is limited to the business name and address. No phone numbers are allowed.
i.
Blade signs shall be mounted a minimum of eight (8) feet above grade and project no more than thirty (30) inches.
j.
A one (1) foot by two (2) foot sign listing the business is permitted on live/work units. All other signage is not allowed, including signage on the inside of the units which may be viewed through the front windows.
k.
Awning signs shall be kept to a minimum size and be limited to the valence of the awning. Area of awning sign shall be calculated with total sign area.
l.
Wall-mounted signage should be centered above storefront. Signage width should not exceed seventy-five (75) percent of leasehold frontage.
m.
The sign area of a monument sign shall not exceed one and one-half (1.5) square feet per each foot of street frontage. Sign placement shall not exceed a maximum of one (1) per every one hundred fifty (150) linear feet of street frontage. Signs shall be located at least seven and one-half (7-1/2) feet from interior lot lines. Monument signs shall be a maximum of eight (8) feet high, with a maximum eighteen (18) inch base, and should not be a hazard to pedestrian or vehicular traffic. Sign content shall be limited to shopping center name and name of tenant (no more than two (2) rows of letters).
n.
Any deviations from the standards may be considered by the Planning Commission pursuant to an approved sign program.
2.
Prohibited Signs. The following signs are prohibited:
a.
Internally illuminated sign cabinets with a rectangular form.
b.
Use of human beings, live animals, animated figures.
c.
Pennants, streamers, flashing blinking lights or moveable signs (electric or manual).
d.
Sign promoting products sold at other locations.
e.
Pole of pylon signs.
f.
Exposed raceway.
3.
Temporary Signs.
a.
Banners, permits and other similar temporary signage placed on the exterior of the building are generally prohibited, although they may be permitted at the opening of a new business, or for special events with prior approval of the Planning Division.
G.
Walls.
1.
Standards.
a.
All perimeter walls shall be placed directly on the property line.
b.
All perimeter walls are to be constructed out of masonry (stone, block, brick) with stucco finish.
c.
All perimeter walls are to be articulated via pilasters, reveals, or other elements at a maximum of thirty (30) foot intervals.
H.
Other.
1.
Standards.
a.
Trash and recycling areas shall be provided in accordance with Part 6, Division 4 (Trash and Recycling Areas) of this Chapter.
b.
Nonresidential development shall comply with Part 6, Division 5 (Transportation Demand and Trip Reduction Measures) of this Chapter.
c.
Exclusively residential development and the residential portion of mixed-use developments shall be in conformance with the requirements set forth in CMC § 9128.11 (Intent and Purpose), 9128.13 (Application for a Conditional Use Permit), 9128.17 (Declaration of Covenants – Conditions and Restrictions), 9128.51 (Multiple-Family Dwelling), 9128.53 (Application for Conditional Use Permit) and 9128.55 (Development Criteria).
d.
Residential uses shall be permitted pursuant to the development standards established by CMC § 9128.15 and § 9128.54 except as modified in this Section.
I.
Live/Work Criteria. The purpose of this Subsection is to provide standards for live/work units. Live/work units are intended to be occupied by business operators who live in the same structure that contains the commercial activity. The Planning Commission during the conditional use permit process may impose additional conditions as deemed necessary to protect public health, safety and welfare. The development standards for live/work units are mandatory.
1.
Development Standards.
a.
Each live/work unit shall front on a public or private street and the work area shall be located at street level.
b.
Each unit shall have a pedestrian-oriented frontage.
c.
The living space within the live/work unit shall be contiguous with, and an integral part of, the working space, with direct access between the two (2) areas and not a separate stand-alone dwelling unit. The residential unit shall not have a separate street address from the business component.
d.
The live/work unit shall be occupied and used only by a business operator and/or household of which at least one (1) member shall be the business operator.
e.
The living space shall not be rented or sold separately from the working space.
f.
One (1) employee, at any time, who does not reside in the unit may work in the unit, unless this employment is prohibited or limited by the conditional use permit.
g.
Other than a sign as permitted by this Section, in no way shall the appearance of the structure be altered, or the conduct of the use within the structure be such that the structure may be recognized as serving a nonresidential use (either by color, materials, construction, lighting, odors, noises, vibrations, etc.).
h.
The retail use shall be limited to the display and sale of works created in the unit.
i.
A commercial business license shall be obtained.
j.
A copy of the conditional use permit, showing the conditions of the use permit, shall be provided to all occupants of live/work units in the building prior to their execution of a lease or purchase agreement for such live/work unit.
k.
Work space shall be limited to the first floor of the building. Living space shall be located in the rear ground level or upper floors so that it does not interrupt the appearance of the commercial frontage.
l.
The designated work space cannot be used for residential living space other than a home office.
m.
There shall be no storage of flammable liquids or hazardous materials beyond that normally associated with a residential use. Storage of flammable liquids and hazardous materials beyond that normally associated with a residential use, such as for an artist studio, shall be allowed only through an approved conditional use permit and approval from the Los Angeles County Fire Department and Building Official.
2.
Performance Standards. These performance standards shall apply to all live/work units.
a.
Noise. Noise resulting from conduct of the work within the unit shall be muffled so as not to become disruptive to surrounding neighborhoods due to volume, tone, intermittence, frequency or shrillness.
b.
Odor. Every use shall be operated in such a manner that it does not emit an obnoxious odor or fumes beyond the working unit/area.
c.
Smoke. Every use shall be operated in such a manner that it does not emit smoke into the atmosphere.
d.
Dust and Dirt. Every use shall be operated in such a manner that it does not emit any dust or dirt into the atmosphere.
3.
The following findings must be made when approving a conditional use permit for live/work units.
a.
The proposed use at the location requested will not significantly cause an adverse effect to the health, safety or welfare of persons residing or working in the surrounding area; or
b.
The proposed site is adequate in size and shape to accommodate the yards, open space, walls, fences, parking, landscaping and other development requirements as required to integrate the use with existing and planned uses in the surrounding area; and
c.
The proposed site is adequately served by highways and streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate, and by other public and private service facilities as required.
d.
The living and working areas are not separately rented.
J.
Design Guidelines and Sustainable Standards. The purpose of the guidelines is to establish the parameters of sustainable design, provide an opportunity to incorporate the principles of sustainable design into a concentrated area of development, where they can be implemented in a consistent and coordinated manner. The sustainable guidelines shall serve as best practices recommendations for all new development within the Sepulveda Boulevard Corridor. These guidelines are intended to promote a more sustainable built environment through specific design and construction techniques. Guidelines, unlike standards, are not mandatory.
All projects within the Mixed-Use – Sepulveda Boulevard District are recommended to incorporate the following guidelines and are subject to City review and approval.
1.
Site Design/Development.
a.
Encourage rehabilitation of damaged sites due to environmental contamination.
b.
Cluster buildings to promote higher density communities and greater opportunities for energy-efficient designs.
c.
Site buildings to take advantage of solar orientation, minimize energy use and to increase potential for alternative energy sources.
d.
Increase porous paving to minimize stormwater/runoff impact on surrounding environment.
e.
Minimize uplighting and reduce site lighting requirements to be one (1) foot-candle per square foot to lower the amount of light that spills across the site.
f.
There should be a minimum number of curb cuts provided which are no wider than necessary to serve the project.
g.
Enhanced paving should be provided at all driveways.
h.
Vehicular access should be from the alley whenever feasible.
i.
Provide pedestrian access connecting rear parking lots to street when possible.
j.
Parking lots should be placed at the rear and sides of new retail development to establish a consistent building frontage line along Sepulveda Boulevard.
k.
New points of ingress and egress to public or private parking lots should be from side streets or alleys whenever possible. Driveways onto Sepulveda Boulevard should be combined to serve two (2) or more properties whenever possible.
l.
Provide continuous enhanced paving at pedestrian areas adjoining one (1) or more developments and all driveway areas.
m.
All new developments over twenty thousand (20,000) square feet should incorporate a public arts component equal to at least one (1) percent of the total project costs.
n.
Primary ground floor building entrances should front the public right-of-way. Secondary entrances are permitted when parking is located to the side or rear of building. The main entrance should be clearly identified and directly accessible from the public right-of-way.
2.
Building Composition/Architecture.
a.
Orient longer side of building on an east-west axis to maximize solar heat gain.
b.
Shape buildings to maximize effects of local wind condition and circulate breezes.
c.
Specify light colored or reflective colors and materials to minimize heat gain.
d.
Specify windows and glazing systems with high R-values and e-coatings to minimize heat gain and loss.
e.
Provide roof overhangs, awnings, canopies, porches, or blinds to prevent unwanted solar heat gain.
f.
Provide natural lighting opportunities through the use of skylights, lightshelves, lightwells, clerestories, and windows.
g.
Specify materials that are either made from recycled content or are reused from previous construction.
h.
Specify materials that do not contain formaldehyde, organic solvents, VOCs and chlorofluorocarbons (CFCs).
i.
Entries shall be enhanced through architectural treatment such as tiling, individual awnings, or placement of signs above the entryways.
j.
Recess storefront bays on new buildings at least three (3) inches from the front plane of the building. Encourage retention of recessed storefront remodel.
k.
Wall openings (windows and doors) shall occupy a minimum of seventy (70) percent of the ground floor street facade in commercial units. Opaque or dark-tinted glass is strongly discouraged.
l.
Doors and windows for retail shops shall contain seventy (70) percent clear glass (ninety (90) percent light transmission). Solid doors, or doors with opaque or dark-tinted glass, are strongly discouraged.
m.
Each floor above the ground floor shall have a minimum of two (2) windows.
n.
Storefront windows shall be a minimum of eighteen (18) inches and a maximum of thirty-six (36) inches from the sidewalk grade to accommodate a traditional bulkhead.
o.
Upper-floor windows should have a greater height-to-width ratio.
p.
Skylights, clerestories and transom windows should be incorporated into the building where possible to allow for maximum amount of daylight.
q.
If awnings are used, each structural bay should have an individual awning. One (1) unified awning spanning several bays shall be prohibited. Awning shape should relate to the shape of the window and door openings.
r.
Awnings should be constructed of canvas with metal or wood frames.
s.
Wall-mounted signage shall be centered above storefront.
t.
Buildings should be designed with a variety of scales, creating a scale and level of detail that addresses the pedestrians at street level and the formal conditions of the upper floors.
u.
New development should consider the roof lines of adjacent buildings to avoid clashes in scale, proportion, style and materials.
v.
Roof pitches that create prominent or out-of-scale building elements, such as A-frame roofs, geodesic domes, or chalet-style buildings, are strongly discouraged.
w.
The use of exterior paint should be limited to four (4) different colors per building. Use of fluorescent colors is strongly discouraged.
x.
Use of wood, metal, vinyl, and heavily textured stucco as primary exterior building materials is strongly discouraged. Wood and metal may be used for door frames, window frames and other accent uses. Permitted exterior materials for storefront bulkheads should be tile, brick or stucco.
y.
Facades should be varied via elements such as windows, fenestrations, cornices, etc., to create visual interest, variety and emphasis. Long, repetitive expanses of wall surfaces should be avoided. Vertical and horizontal design elements should be incorporated to balance the facade composition.
z.
Exterior security grills or permanently affixed security bars are strongly discouraged. Roll-down security grills that conceal storefront windows are strongly discouraged. Interior security grills must recess completely into pockets that conceal the grill when it is retracted. Roll-down security grills and housings must be completely concealed from the street by awnings or canopies. Security grills should not be visible during hours of operation.
3.
Conservation.
a.
Consider offsetting energy costs through alternative energy sources such as photovoltaics, wind power, water power, geothermal, bio-gas, or co-generation plants.
b.
Specify lighting fixtures, plumbing fixtures, and appliances that minimize energy and water consumption (i.e., fluorescent lights, daylight sensors, low-flow toilet fixtures, automatic faucets, natural gas appliances).
c.
Institute recycling programs for facilities and provide recycling locations within developments to collect materials.
4.
Public Improvements.
a.
Minimize amounts of impervious surfaces to reduce stormwater runoff and reduce heat islands through use of landscaping, permeable paving and high-albedo concrete.
b.
Provide pedestrian-scaled pole lighting with a minimum of one (1) foot-candle in all public areas.
5.
Landscape.
a.
Protect the native topsoil during construction, so it can support the future landscape, reduce stormwater runoff, reduce fertilizer and pesticide use, and conserve irrigation water.
b.
Minimize disruption of existing plants, especially trees. Existing mature trees and shrubs should be incorporated into the site plan when possible.
c.
Landscape to reduce energy use by shading buildings and parking lots during hot summer months and to allow for heat gain in the winter, as well as enhancing natural ventilation by directing breezes and blocking wind.
d.
Design landscape to allow irrigation and stormwater to soak into the soil recharging groundwater systems and filter out pollutants. Reduce runoff, erosion and pesticide use during construction and operation to protect water quality.
e.
Minimize waste by reducing the need to prune by selecting appropriate plants and using plant trimmings as mulch and compost.
f.
Use salvaged and recycled content materials in the landscape.
g.
Accent planting should be used at all driveways and pedestrian entries to the property, marking appropriate entryways. Accent planting should consist of low ground cover and flowering plants.
6.
Signs.
a.
Signs may use any of the building colors plus three (3) additional colors. Signs must use at least one (1) building color.
b.
It is recommended that signs have internally illuminated letters on a raceway (channel letters), neon letters, and externally illuminated letters mounted to facade or canopy, internally and externally illuminated projecting signs, sign cabinets with distinctive curvilinear form.
c.
Internally illuminated sign cabinets with a rectangular form are strongly discouraged.
(Ord. 11-1479 § 13; Ord. 09-1419 § 5; Ord. 07-1392 § 9)
§ 9138.19 Discount Stores.
A.
Use Classification. Retail establishments that sell a broad range of outlet, close-out, discontinued, liquidation, or overstock and general merchandise, primarily at a single discount price and/or in the low and very low price ranges.
B.
Minimum Lot Area. Discount stores shall not be permitted on lots less than six (6) acres of net area.
C.
Minimum Separation Requirement. New discount stores shall not be less than one-half (1/2) mile from an existing discount store.
D.
Hours of Operation. Business hours, including truck loading hours, shall be limited to 8:00 a.m. to 9:00 p.m., seven (7) days a week.
E.
Parking Requirement. One (1) space per two hundred fifty (250) square feet of gross floor area.
(Ord. 16-1603 § 3)
§ 9138.2 Vehicle Service and Repair.
The servicing and repair of motor vehicles in the commercial zones at establishments other than retail petroleum outlets[1] shall be subject to the following:
1.
Vehicle repair and service located within one hundred (100) feet of any residential zone, as measured from lot line to lot line, shall be subject to the approval of a Conditional Use Permit by the Planning Commission pursuant to CMC § 9172.21. Within the CR (Commercial, Regional) Zone and MUR (Mixed-Use Residential) Overlay District, a Conditional Use Permit is required regardless of the one hundred (100) foot distance requirement.
a.
Lawfully established automotive repair facilities on property fronting Avalon Boulevard and located within the CA Zone shall discontinue operations on or before July 1, 2017.
Ability to comply with CMC § 9138.15[2] and 9138.2[3].
[2]
For servicing and repair incidental to a retail petroleum outlet, see CMC § 9138.11.
Lawfully established automotive repair facilities on property fronting Avalon Boulevard and located within the CA Zone shall discontinue operations on or before July 1, 2017.
[3]
For servicing and repair incidental to a retail petroleum outlet, see CMC § 9138.11.
Lawfully established automotive repair facilities on property fronting Avalon Boulevard and located within the CA Zone shall discontinue operations on or before July 1, 2017.
2.
All operations shall be conducted within an enclosed building.
3.
All areas or structures in which such operations are conducted shall be so located or soundproofed as to prevent annoyance or detriment to surrounding property. In no case shall doors or windows be permitted in any wall within one hundred (100) feet of and facing a residential zone.
4.
All damaged or wrecked vehicles awaiting repair shall be effectively screened so as not to be visible from surrounding property or from any adjoining public street or walkway.
5.
All repair activities shall be confined to the hours between 7:00 a.m. to 9:00 p.m. daily.
6.
No damaged or wrecked vehicles shall be stored for purposes other than repair and shall not constitute a vehicle wrecking, dismantling, or impounding yard, or junk or salvage yard.
7.
Dismantling of vehicles for purposes other than repair is prohibited.
8.
All display and storage shall be located within an enclosed building. Vehicles awaiting service may be parked in an unenclosed area for a period not to exceed seventy-two (72) hours. Vending machines shall be placed indoors.
9.
The entire ground area of the site, except building and planting areas, shall be paved with asphaltic compound or concrete to City standards and shall comply with the Standard Urban Storm Water Mitigation Plan (SUSMP) requirements as stated in Article V, Sanitation and Health, Chapter 8, Storm Water and Urban Runoff Pollution Control, Section 5809 of the Carson Municipal Code.
10.
Design a repair/maintenance bay drainage system to capture all washwater, leaks and spills. Connect drains to sump for collection and disposal or connect to clarifier then sanitary sewer.
11.
That development and architectural plans indicating compliance with the provisions of this Section and embodying acceptable design standards shall be submitted for approval by the Planning Division and made a condition of an approved Conditional Use Permit.
12.
All entrances to restrooms shall be located within the building in such a manner as not to be visible from adjacent property.
13.
Parking shall be provided as follows:
a.
One (1) automobile parking space shall be provided for each employee on the largest shift.
b.
Two (2) parking spaces shall be provided for each service bay.
c.
Spaces are to be striped and provided, as deemed necessary, with bumper guards or wheel stops approved by the Planning Division.
d.
Vehicles may only be parked in designated parking spaces.
e.
Parking for all other uses shall comply with CMC § 9162.21.
14.
That landscaping shall be provided as follows:
a.
Landscaped planters shall be provided along the full length of building facades facing streets or public parking areas.
b.
All landscaped areas shall be protected by a curb not less than six (6) inches in height or a raised planter wall between the landscaping and paved areas.
c.
Landscaped planters not less than three (3) feet in width shall be provided along all interior lot lines.
d.
Landscaping shall consist of trees of at least twenty-four (24) inch box, shrubs of at least five (5) gallon size, and suitable ground cover.
e.
All landscaped areas shall be properly maintained in a neat, orderly and safe manner. Such landscaping and maintenance shall include, but not be limited to, the installation and use of an irrigation system, permanently and completely installed, which delivers water directly to all landscaped areas.
15.
A solid decorative masonry wall or wrought iron fencing with appropriate landscaping or other such appropriate screening material to the discretion of the Director, six (6) feet in height shall be installed and maintained along interior property lines not occupied by a building, except that any screening located within the required front setback area shall not exceed three and one-half (3-1/2) feet in height.
16.
That the requirements and limitations contained in this Section shall be considered minimum standards; provided, however, that the Planning Commission may:
a.
Require such additional conditions as are deemed necessary within the intent of CMC § 9172.21(D); or
b.
Modify such requirements or limitations contained herein which, in the opinion of the Planning Commission, are inappropriate or inapplicable either to the intended use of the property, to the property itself or to adjacent property.
17.
Signage shall be of appropriate design as approved pursuant to the Site Plan and Design Review procedures (including number of signs and sign structures to be permitted) as provided in CMC § 9172.23.
(Ord. 11-1473 § 4; Ord. 04-1322 § 7; Ord. 79-479 § 7)
[1]
For servicing and repair incidental to a retail petroleum outlet, see CMC § 9138.11.
Lawfully established automotive repair facilities on property fronting Avalon Boulevard and located within the CA Zone shall discontinue operations on or before July 1, 2017.
§ 9138.21 Vehicle Auctions.
In connection with vehicle auctions, the following requirements shall be met:
1.
Vehicle auctions may not be conducted on any property of less than five (5) acres.
2.
The vehicles placed up for auction must be operable under their own power to and from the subject auction site. No dismantled or wrecked vehicles are allowed to be stored or repaired and be placed up for auction.
3.
Vehicle auctions shall provide off-street parking based upon a place of public assembly, pursuant to CMC § 9162.21(C)(l) or based upon approval of a Development Plan pursuant to CMC § 9172.23.
4.
Vehicle service and repair may be permitted as an accessory use, subject to CMC § 9132.2 of this Chapter. (See CMC § 9133.1 for CR zone, MUR Overlay District and properties in all zones within one hundred (100) feet of residential zones).
5.
All activities not conducted within an enclosed building shall be confined to the hours between 7:00 a.m. and 9:00 p.m. daily.
6.
No loudspeakers or sound equipment shall be used for the amplification of voices or sounds to a level exceeding allowable noise control standards pursuant to Chapter 5, Article V, entitled Noise Control Ordinance of the Carson Municipal Code.
7.
In the CA zone, automotive and equipment auctions are only permitted on property fronting Avalon Boulevard with an approved conditional use permit. Lawfully established automotive and equipment auctions in the CA zone shall cease operations and discontinue business on or before July 1, 2017. After that date, no new auctions are permitted in the CA zone.
(Ord. 11-1480 § 4; Ord. 04-1322 § 6; Ord. 96-1085 § 3)
§ 9138.22 Church Uses within the CR (Commercial, Regional) Zone.
The establishment of churches, temples or other places of religious worship are a permitted use within the CR (Commercial, Regional) Zone, subject to the following:
1.
The principal building shall be a free-standing structure for the exclusive use of a church, temple or other place of religious worship and permitted accessory uses.
2.
No accessory use shall be permitted other than a school, daycare center or church-affiliated community or social center. No accessory use and/or facility shall be permitted unless it is clearly subordinate to the principal church use.
3.
Church uses shall be subject to the requirements of CMC § 9172.23 (Site Plan and Design Review) and CMC § 9182.25 (Continuation of Churches, Temples or Other Places of Religious Worship Located within the CR (Commercial, Regional) Zone).
(Ord. 97-1115 § 2)
§ 9138.3 Golf Facilities.
In connection with golf facilities including golf courses, golf driving ranges, or pitch-and-putt courses, the following requirements shall be met:
Screens or nets shall be provided wherever necessary, as determined by the Director, to prevent the travel of golf balls beyond the lot lines of the site on which a golf facility is located.
Such screens or nets shall be continuously maintained so as not to fall into disrepair and shall be subject to the applicable height restrictions unless otherwise approved by the Director.
The entire site of the golf facility, or other than paved areas and land occupied by structures, shall be covered with turf or other landscaping.
§ 9138.4 Arcade Facilities.
In connection with the operation of an arcade, the following requirements shall be met:
(1)
All activities shall be conducted entirely within an enclosed building.
(2)
The arcade shall comply with the provisions of CMC § 63106 through § 63107.3.
In addition to the above requirements, arcades not in lawful existence on January 3, 1983, must comply with the following requirements.
(3)
Interior walls of an arcade, if in common with another business establishment, shall be soundproofed to a minimum rating of 50 STC (Sound Transmission Class).
(4)
A minimum of one (1) bicycle rack space shall be provided for every three (3) amusement machines. Such bicycle parking shall not be located in the public right-of-way or the required parking area.
(Ord. 84-685 § 4; Ord. 83-665U; Ord. 83-644U; Ord. 83-637U § 4)
§ 9138.5 Alcoholic Beverage Sales and Services.
In connection with alcoholic beverage sales and services, the following requirements shall be met:
After the effective date of Ordinance No. 01-1231, no off-sale business (incidental) shall be established within three hundred (300) feet of any school or park, and no off-sale business (primary) shall be established within three hundred (300) feet of any school, park or church. The distances set forth in the preceding sentence shall be determined by measuring from lot line to lot line.
The total number of on-sale businesses shall not exceed eighty-five (85).
The total number of off-sale businesses shall not exceed seventy (70).
(Ord. 01-1231 § 2; Ord. 83-657 § 1; Ord. 82-621 § 3)
§ 9138.6 Small Collection Recycling Facility.
A small collection recycling facility is permitted only in a designated convenience district as defined in CMC § 9191.508. No small collection recycling facility shall be established, maintained or enlarged in any zone unless it complies with the following requirements:
A.
Shall be permitted only within a designated convenience district as defined in CMC § 9191.508, and shall be certified, or shall have applied to be certified, as a recycling location pursuant to Division 12.1 (commencing with Section 14500) of the Public Resources Code;
B.
Shall be permitted only as an accessory use to an existing primary commercial use;
C.
Shall contain not more than one (1) type of collection facility as described in CMC § 9191.508(B), which shall be located on the site in such a manner as not to obstruct pedestrian, automobile or truck circulation;
D.
Shall not occupy parking spaces required by the primary commercial use;
E.
Shall be designated on a site plan to be submitted and approved in accordance with CMC § 9172.23;
F.
Shall not occupy any portion of a front setback or any setback which abuts an existing or future public right-of-way;
G.
Shall be landscaped to the satisfaction of the Community Development Director;
H.
Shall not occupy an area in excess of five hundred (500) square feet, including any protective enclosure; provided, however, that a small collection recycling facility consisting of one (1) single-feed reverse vending machine shall not occupy an area in excess of fifty (50) square feet, including any protective enclosure, and shall not exceed eight (8) feet in height;
I.
Shall be constructed with durable waterproof and rustproof material and shall be maintained at all times in a clean, litter-free condition;
J.
Shall observe the hours of operation of the primary commercial use;
K.
Shall be clearly marked to identify the type of material to be deposited, the operating instructions, and the identity and telephone number of a responsible person to call if the facility is inoperative. The signage on any reverse vending machine shall not exceed four (4) square feet, exclusive of the operating instructions;
L.
Shall be adequately illuminated to ensure public safety;
M.
Shall accept only recyclable materials as defined in CMC § 9191.508;
N.
Shall provide for storage of all recyclable materials within the facility at all times; and
O.
Shall not operate at noise levels in excess of sixty (60) dBA as measured at the property line of any adjacent residentially zoned property.
(Ord. 95-1070 § 1; Ord. 87-819 § 2)
§ 9138.7 Mixed-Use or Residential Development in a Mixed-Use Residential (MUR) Overlay District.
A.
Purpose. The Mixed-Use Residential Overlay District (MUR) is intended:
To encourage a diversity of compatible land uses, which may include a mixture of office, retail sales and services, food sales and services, education, health services, multiple-family residential, residential condominiums, and recreational uses.
To promote a diverse economic base that serves local residents by providing jobs and City revenues.
To assist in improving the quality and quantity of housing available to meet the need of all social and economic groups within the community by encouraging new residential and mixed-use developments in planned locations with appropriate densities, heights, building massing, site planning, architectural design and mixture of uses.
To achieve pedestrian-oriented development by encouraging pedestrian access, building entries that face and engage the street, design on a human scale, parking management to reduce the prominence of parking lots and development clustered along major corridors served by public transportation.
To achieve harmony between each development and the surrounding community through flexibility in architectural design and site planning.
To create a balance in the use of land which is conducive to a higher quality of life and environment for residents, businesses and employees.
B.
Minimum Lot Size for Development. The minimum lot size for mixed-use development shall be twenty thousand (20,000) square feet. The minimum lot size for exclusively residential development shall be thirty thousand (30,000) square feet.
C.
Minimum Street Frontage. The minimum street frontage for mixed-use or residential development shall be one hundred (100) feet.
D.
Floor Area Ratio (FAR). The maximum floor area ratio of mixed-use or residential development shall be 1.5. If area for commercial uses is provided within a building or structure intended for mixed-use occupancy, a minimum of 0.15 FAR and a maximum of 0.7 FAR shall be devoted for commercial uses. For the purposes of this Section, the area of subterranean parking garages shall not be included in the FAR calculation, and the area of partially subterranean parking garages shall be calculated at fifty (50) percent of the gross floor area. Deviations from the minimum or maximum commercial FAR may be allowed subject to the approval of a Development Plan by the Planning Commission pursuant to CMC § 9172.23 (Site Plan and Design Review) if the project includes affordable housing opportunities as defined by this Chapter.
E.
Vehicular Access, Maneuvering Areas and Parking Spaces. Vehicular access, maneuvering areas and parking spaces shall be in accordance with all applicable provisions of this Chapter. In conjunction with mixed-use developments, parking for residential uses, except guest parking, shall be secured from general public access and shall be separate from off-street parking devoted for commercial uses. Separate secure pedestrian access shall be provided from the parking areas devoted for residential uses to secure areas directly accessible from the units.
Parking spaces devoted for residential purposes either in a mixed-use development or exclusively residential development may be provided in a common covered garage above, below or at grade level subject to the review and approval of a Development Plan by the Planning Commission pursuant to CMC § 9172.23 (Site Plan and Design Review). Deviations from the parking requirements may be authorized subject to approval of a Development Plan by the Planning Commission pursuant to CMC § 9172.23 (Site Plan and Design Review) if the project includes affordable housing opportunities as defined by this Chapter.
Tandem parking may be used to satisfy minimum parking requirements for residential portions of a mixed-use development or for an exclusively residential development provided that all of the following conditions are met:
1.
Both tandem spaces shall be assigned to the same unit.
2.
Parking for no more than twenty-five (25) percent of the units shall be accommodated by tandem spaces.
3.
Two (2) parking spaces in tandem shall have a combined minimum dimension of nine (9) feet by thirty-six (36) feet.
4.
The use of tandem parking shall be approved by the Director of Engineering Services.
F.
Residential Design Standards. Exclusively residential developments and the residential portions of mixed-use developments shall be in conformance with the requirements set forth in CMC § 9128.11 (Intent and Purpose), 9128.13 (Application for a Conditional Use Permit), 9128.14 (Development Policy), 9128.16 (Development Criteria), 9128.17 (Declaration of Covenants, Conditions and Restrictions), 9128.51 (Multiple-Family Dwellings), 9128.53 (Application for a Conditional Use Permit), and 9128.55 (Development Criteria).
Residential uses shall be permitted pursuant to the development standards established by CMC § 9128.15 and § 9128.54 except as modified as follows:
1.
Private Open Space. A reduction in the amount of private open space may be authorized subject to the review and approval of a Development Plan by the Planning Commission pursuant to CMC § 9172.23 (Site Plan and Design Review).
2.
Landscaping Requirements. All portions of setbacks not covered by permitted encroachments, pedestrian walkways, or driveways shall be landscaped. Open parking areas located at or above grade shall be landscaped in accordance with CMC § 9162.52 (Landscaping Requirements). All landscaping shall be in compliance with the provisions of Division 8, Part 6 of this Chapter relating to water efficient landscaping. One (1) specimen size tree (thirty (30) inch box tree) shall be provided for each four (4) units. A reduction in the number of required specimen trees may be authorized subject to the review and approval of a Development Plan by the Planning Commission pursuant to CMC § 9172.23 (Site Plan and Design Review).
3.
Recreational Facilities. Recreational facilities shall be designated as that space suitably equipped and devoted to active or passive recreation for the exclusive use of the residents of a particular residential building or structure. An area equal to or greater than fifteen (15) percent of the gross floor area which is devoted for residential purposes shall be provided as private residential recreational space. Private residential recreational space may be located at ground level, on or above the residential plane, on rooftops, or within the building or structure; provided, that sixty (60) percent of the total of this space shall be open to the sky.
(Ord. 95-1074 §§ 2, 3; Added by Ord. 94-1039 § 12)
§ 9138.71 Outdoor Advertising Signs in an Electronic Marquee Signage (EMS) Overlay District.
A.
Purpose. The Electronic Marquee Signage (EMS) Overlay District is intended to provide for the off-site advertisement, by means of electronic message center signs, of extraordinary attractions benefiting the City and of the sponsors of such attractions. To the extent the provisions of this Section conflict with any other provision of this Code, the provisions of this Section shall be controlling.
B.
Permitted Use. Outdoor advertising signs that are permitted in the Electronic Marquee Signage (EMS) Overlay District.
C.
Development Standards. The following development standards shall be applicable to outdoor advertising signs in the Electronic Marquee Signage (EMS) Overlay District:
1.
Such sign shall be an electronic message center sign.
2.
Such sign shall not exceed the following dimensions: a height of ninety-five (95) feet above freeway grade and a width of forty-six (46) feet.
3.
A development plan for such sign shall be submitted and approved in accordance with subsection D of this Section and the Site Plan and Design Review procedure as provided in CMC § 9172.23.
D.
Development Plan Approval. The provisions of this paragraph shall supersede the provisions of CMC § 9172.23 to the extent of any inconsistency. The Commission shall be an advisory agency and the Council shall be the approval authority for a development plan application for an outdoor advertising sign in the Electronic Marquee Signage (EMS) Overlay District.
The Commission shall hold a public hearing on the application and shall, by resolution, render its decision in the form of a recommendation to the Council. Failure of the Commission to render a decision within forty (40) days of the date the matter first appears on a Commission agenda for public hearing shall be deemed approval of the application. The Council shall hold a public hearing following the Commission's decision and shall, by resolution, render its decision on the application. The decision of the Council shall be final.
E.
Outdoor advertising signs established pursuant to this Section shall be subject to CMC § 9167.6, except that the display on such signage of the names of companies which sell beer products, or the subsidiaries or divisions of such companies which sell beer products, shall be permitted on such outdoor advertising signage.
(Ord. 02-1245 § 3)
§ 9138.72 Sex Offender Residency Restrictions.
Permanent and temporary residence for a sex offender is permitted as an accessory use to a mobilehome or dwelling subject to the provisions of Chapter 15 of Article IV and CMC § 9182.31.
(Ord. 08-1413 § 3; Ord. 08-1414U § 3; Ord. 08-1413U § 3)
§ 9138.8 Sidewalk, Parking Lot and Tent Sales and Special Events.
In connection with temporary sidewalk, parking lot, and tent sales, and special events, the following requirements shall be met:
A.
Only nonprofit organizations and merchants with a permanent location may conduct such sales.
B.
The applicant shall obtain written approval to conduct such sales from the property owner.
C.
The event shall be conducted outside an enclosed building and shall not encroach upon public rights-of-way.
D.
The applicant shall submit adequate plot plans depicting pedestrian and vehicular circulation, parking and fire lanes acceptable to the Planning Division.
E.
In the case of a tent sale, County Fire Department approval must accompany the application.
F.
Such sales shall be subject to prior approval of the Director.
G.
Tent events for a period not to exceed three and one-half (3.5) months that are hosted by department stores or regional shopping centers with a gross floor area of at least one hundred thousand (100,000) square feet located in the CR zoning district and in a Mixed-Use Residential (MUR) overlay district may be approved by the Planning Manager; provided, that the event meets all the requirements for location, parking, and access. All other sidewalk, parking lot and tent sales, and special events shall occur no more than one (1) weekend in any three (3) month period, or similar time period as determined by the Planning Officer to be appropriate.
(Ord. 11-1479 § 14; Ord. 09-1421 § 1; Ord. 89-888 § 1; Ord. 88-857 § 4)
§ 9138.9 Adult Business.
In connection with an adult business, the following requirements shall be met:
A.
Location Standards.
1.
The use shall not be located on property that is either:
a.
Within a project area of the Carson Redevelopment Agency and zoned Commercial General (CG); or
b.
Within a mixed-use residential overlay district with mixed-use development located therein or improved with buildings or structures designed or intended for mixed-use occupancy.
2.
The use shall not be located within a one thousand (1,000) foot radius of any of the following:
a.
Another adult business;
b.
A public or private element elementary or secondary school;
c.
A public park; or
d.
The Carson Civic Center, as such term is defined in CMC § 9191.072.
3.
The use shall not be located on any lot or parcel of land that has a front yard on the same or opposite side of the street as a lot or parcel of land that (1) is within the distance specified in the left column below, (2) is zoned or used for the purposes specified in the right column below, and (3) has a front yard abutting the same street:
Distance | Use |
|---|---|
1,000 feet | A licensed day care center located in a commercial zone |
500 feet | A church, temple or other place of religious worship |
500 feet | A residence |
4.
For purposes of this Section, measurements shall be made in a straight line, without regard to intervening structure or objects, from the nearest property line of the property where an adult business is to be conducted to the nearest property line of the premises of any facility, use or business referenced above in subsections (A)(2) and (A)(3) of this Section.
5.
The distance requirements applicable to the uses specified in subsections (A)(2) and (A)(3) of this Section shall not apply to any adult business located within a covered mall building provided that all customer access to the adult business is from the mall. As used in this subsection the terms "covered mall building" and "mall" are as defined in Section 5601(c) of the 1991 Edition of the Uniform Building Code.
B.
Development and Performance Standards. Adult businesses shall comply with the following development and performance standards:
1.
Advertisements, displays or other promotional materials depicting or describing "nude" or "semi-nude" persons, as defined in CMC § 9191.411, or "specified sexual activities," as defined in CMC § 9191.621, or displaying instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities" shall not be shown or exhibited so as to be visible from other areas open to the general public.
2.
All building openings, entries and windows for an adult business shall be located, covered or screened in such a manner as to prevent a view of instruments, devices or paraphernalia which are designed for use in connection with ten (10) specified sexual activities from any area open to the general public.
3.
All entrances to an adult business shall be clearly and legibly posted by a notice indicating that minors are prohibited from entering the premises as to the extent such signs are required by state law.
4.
All entrances, exits, vehicular parking spaces, and yard areas for the adult business shall be developed such that they are directly visible from the public right-of-way unless the access thereto is physically restricted to employees only.
5.
No loudspeakers or sound equipment shall be used by an adult business for the amplification of sound to a level discernible by the public beyond the walls of the building in which the adult business is conducted.
C.
Procedural Standards. Notwithstanding the provisions of CMC § 9172.21, the Commission shall hold a hearing on an application for a conditional use permit for an adult business within four (4) months of the date the application is deemed complete, and shall make a decision on the application within five (5) months of the date the application is deemed complete, unless an extension to these time limits is agreed to by the applicant.
D.
Required Findings. Notwithstanding the provisions of CMC § 9172.21(d)(1), the Planning Commission shall approve a Conditional Use Permit for an adult business if the Commission is able to make affirmative findings based on all of the following criteria:
1.
The proposed use and development are consistent with the General Plan and either comply with or are concurrently conditioned to comply with the location standards and development and performance standards set forth in this Section;
2.
The proposed site is adequate in size, shape and topography to accommodate the proposed use, the amount of vehicular parking spaces, and other improvements required by this Code;
3.
The proposed site has vehicular and pedestrian access to an improved roadway and the proposed use will not result in an unmitigated reduction in the level of service standard of traffic capacity on adjacent roadways; and
4.
The proposed site and use will be in compliance with all other objective development requirements as set forth in Divisions 5 and 6 of Part 3 of Chapter I of Article IX of this Code and Part 6 of Chapter I of Article IX of this Code, to the extent such requirements are not in conflict with the provisions of this CMC § 9138.9.
(Ord. 94-1037 § 6; Added by Ord. 94-1035U § 5)
§ 9138.91 Massage Service.
A.
Purpose and Intent.
1.
The permit requirements and restrictions imposed by this Code are reasonably necessary to protect the health, safety, and welfare of the citizens of the City of Carson.
2.
The City of Carson is authorized, by virtue of the State Constitution, Sections 51030 et seq. of the Government Code, and Section 13 of the Chiropractic Act to regulate massage establishments by imposing, reasonable standards relative to the skill and experience of massage operators and massage technicians and reasonable conditions on the operation of massage establishments.
3.
There is a significant risk of injury to massage clients by improperly trained and/or educated massage technicians, and this Code provides reasonable safeguards against injury and economic loss.
4.
There is opportunity for acts of prostitution, lewdness, and other unlawful sexual activity to occur in massage establishments. Courts have long recognized massage as a pervasively regulated activity and that massage establishments are often brothels in disguise. The establishment of reasonable standards for issuance of permits and restrictions or operations would serve to reduce the risk of illegal activity and would thereby benefit the public health.
5.
The restrictions and requirements contained in this Section are intended to reduce the burden on the Sheriff's Department and the City of Carson Code Enforcement Division in the regulation of massage establishments.
6.
The restrictions and requirements contained in this Section are intended to be in addition to the requirement of a valid business license and permit issued by the Business License Division or any license requirements imposed by the State or local agency.
7.
The regulations and restrictions contained in this Code are intended to discourage massage establishments from degenerating into houses of prostitution, and the means utilized in this Code bear a reasonable and rational relationship to the goals sought to be achieved by the City of Carson as described in the General Plan.
B.
Definitions. In addition to the definitions provided in CMC § 63134 and for the purpose of this Section, the following definitions apply:
1.
"Massage Establishment"
means a fixed place of business where one or more persons engage in or carry on the practice of massage either as a principle or ancillary use. For the purpose of this Section, this definition shall not include those businesses that offer sexual stimulation or other adult-oriented activity in the guise of an establishment for therapeutic massage.
2.
"Massage Parlor"
means an establishment that provides massage service as its principle use. For the purpose of this Section, this definition shall not include those businesses that offer sexual stimulation or other adult-oriented activity in the guise of an establishment for therapeutic massage.
3.
"Massage" or "Massage Service"
means any method of pressure or acupressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, or stimulating the external parts of the body with the hands or other parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances, or with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations commonly used in this practice. This definition includes the practice of Therapeutic Massage or Massage Therapy. For the purpose of this Section, "Massage" or "Massage Service" shall not apply to any duly licensed physician, surgeon, osteopath, chiropractor or to other persons duly licensed by the State to treat, manipulate, operate upon or prescribe for the persons or bodies of human beings and who are actually practicing said licensed profession or to graduate nurses, or to students of medicine, surgery, osteopathy, chiropractic or similar professional callings actually attending accredited schools.
4.
"Massage Technician" or "Massage Practitioner"
means any person, who, for any monetary form of consideration whatsoever, gives or administers to another person a massage as defined in this Section.
5.
"Therapeutic Massage" or "Massage Therapy"
means the practice of kneading or otherwise manipulating a person's muscles and other soft tissue with the intent of improving a person's well-being or health and preventing and alleviating pain, discomfort, muscle spasm, and stress.
C.
Required Permits.
1.
Conditional Use Permit.
a.
Pursuant to CMC § 9172.21, an application for a massage establishment shall be subject to the requirements of a Conditional Use Permit, unless otherwise specified herein. The Planning Commission has the authority to approve such Conditional Use Permit. Any facility used for massage service shall be available for City inspection subject to reasonable notice.
b.
The City retains the right to inspect these massage establishments, at minimum on an annual basis, after issuance to ensure the owner's continued compliance with the Conditional Use Permit. The cost of such inspection should be paid by operator pursuant to a fee set forth in the City's fee schedule.
c.
The Planning Commission retains the discretion to deny any application for a Conditional Use Permit where the massage establishment is within close proximity, as determined by the Planning Commission, to any adult business or establishment selling alcohol for on-site consumption, including bars and taverns.
2.
Business License and Business Permit.
a.
No person shall engage in, conduct or carry on, or permit to be engaged in, conducted or carried on, in any location within the City, the business or operation of a massage establishment, and no person shall manage a massage establishment, without first obtaining a valid business license and permit issued by the City Business License Division.
b.
Each establishment providing massage services in a massage parlor must additionally obtain a valid massage parlor permit in compliance with CMC § 63134, regardless of whether such person has a valid business permit for a massage establishment. In addition, no operator and/or manager shall employ or allow any person to work in the establishment as a massage technician who does not have a valid massage technician permit issued by the City Business License Division.
3.
Massage Technician Permit.
a.
No person shall work as a massage technician in a massage establishment without first having obtained a valid massage technician permit in accordance with CMC § 63135. A valid massage technician permit shall be required for any person who offers to, engages in, conducts, or provides massage services from any location within the City whether in the capacity of an employee or an independent contractor.
b.
A massage technician permit does not automatically authorize the operation or management of a massage establishment. Any person permitted to perform massage services who desires to operate or manage a massage establishment must apply separately and obtain a business license and a massage service permit.
D.
Exceptions.
1.
In addition to the exceptions included in CMC § 63134.4 and § 63134.5, the required permits described in this Section shall not apply to, have no effect upon, and shall not be construed as applying to:
a.
Any duly licensed physician, surgeon, chiropractor, acupuncturist, osteopath, or physical therapist licensed to practice such specialized profession in the State of California.
b.
Any registered nurse or licensed vocational nurse, licensed to practice under the laws of the State of California, who is an employee of and working under the direction of a physician, surgeon, chiropractor, or osteopath, duly licensed to practice their respective professions in the State of California. Practical nurses or other persons that do not meet the requisite qualifications for a massage technician, or any other person not otherwise licensed by the State of California, whether or not employed by physicians, surgeons, or chiropractors, osteopaths, acupuncturists, or physical therapists, may not provide massage or act as a massage technician.
c.
Any person licensed to practice any healing art under the provisions commencing with Section 700 of the Business and Professions Code when engaging in such practice within the scope of such license.
d.
Any person providing massages ancillary to a legitimate primary business which do not involve disrobing and are not administered in a room separate and apart from the legitimate primary business.
e.
For the purpose of this Section, privacy panels and similar separation systems shall not constitute a separate room subject to the approval of the Planning Division. The massage activity pursuant to this paragraph shall be considered ancillary if it can be demonstrated that it does not comprise more than twenty-five (25) percent of the gross floor area of the overall business.
f.
Hospitals, senior-citizen nursing homes, sanatoriums, or other health care facilities duly licensed by the State of California, and the employees of such facilities while working on the premises of such State-licensed facilities.
g.
Accredited high schools, junior colleges, trade schools, and colleges or universities whose coaches and trainers are acting within the scope of their employment.
h.
Barbers, beauticians, or manicurists who are duly licensed by the State of California pursuant to the Barbering and Cosmetology Act set forth in the Business and Professions Code Section 7300 et seq., as the same may be amended from time to time, while engaging in practices within the scope of such license, except that this exemption applies solely for the massaging of the back, neck, face, and/or scalp of the customer or client of said barber or beautician or, in the case of a licensed manicurist, the massaging of the forearms, hands, calves, and/or feet.
i.
Schools of cosmetology or barbering which comply with the requirements of Business and Professions Code Section 7362 et seq. when instructors are acting within the scope of their employment or when students are working as unpaid externs pursuant to the requirements of Business and Professions Code Section 7395.1.
2.
Any person claiming exemption under this Section shall furnish satisfactory evidence that he or she is entitled to such exemption, including, proof of bona fide employment, or if applicable, a citation or certification to the particular provision of the Business and Professions Code upon which that person relies. Any facility used for massage service shall be available for City inspection subject to reasonable notice.
(Ord. 06-1349 § 3)
§ 9138.92 Tattoo Service.
A.
Purpose and Intent.
1.
The permit requirements and restrictions imposed by this Section are reasonably necessary to protect the health, safety, and welfare of the citizens of the City of Carson.
2.
The restrictions and requirements contained in this Section are intended to reduce the burden on the Sheriff's Department and the City of Carson Code Enforcement Division in the regulation of tattoo services.
3.
The restrictions and requirements contained in this Section are intended to be in addition to the requirement of a valid business license issued by the Business License Division.
4.
The regulations and restrictions contained in this Section are intended to bear a reasonable and rational relationship to the goals sought to be achieved by the City of Carson as described in the General Plan.
B.
Definitions. For the purpose of this Section, the following definitions apply:
1.
"Body Pierce"
means to puncture, perforate, or penetrate a human body part or tissue with an object, appliance, or instrument for the purpose of placing a foreign object in the perforation to prevent the perforation from closing. The puncturing of the outer perimeter or lobe of the ear shall not be included in this definition.
2.
"Tattoo"
means an indelible mark or figure fixed upon a body by insertion of pigment under the skin or by production of scars.
3.
"Tattoo Establishment"
means premises used for the business of marking or coloring the skin with tattoos, and all furnishings, equipment, instruments, dyes and inks, and other facilities maintained therein incidental to such use.
4.
"Tattoo Parlor" or "Tattoo Facility" – see "Tattoo Establishment."
5.
"Tattoo Service"
means a business that provides tattoos to customers.
C.
Required Registration and Permits.
1.
Conditional Use Permit. Pursuant to CMC § 9172.21, an application for tattoo service shall be subject to the requirements of a Conditional Use Permit, unless otherwise specified herein. The Planning Commission has the authority to approve such Conditional Use Permit.
2.
Business License.
a.
No person shall engage in, conduct or carry on, or permit to be engaged in, conducted or carried on, in any location within the City, the business or operation of a tattoo establishment, and no person shall manage a tattoo establishment, without first obtaining a valid business license issued by the Business License Division.
b.
Each person providing tattoo service in a tattoo establishment who is not a paid employee of said establishment, but is contracted or otherwise paid apart from the establishment, must obtain a separate business license. Paid employees of the establishment need not obtain a separate business license.
3.
Registration. Every person conducting tattoo services, as defined in this Section, or desiring to conduct such activity, on or after the effective date of the ordinance, shall register with the Los Angeles County Health Department in compliance with applicable County codes.
4.
Public Health Facility and Public Health Operator Permits.
a.
Every person owning a tattoo establishment shall, within one (1) year of the effective date of the ordinance codified in this Section and in compliance with CMC § 9182.22(A), or prior to the operation of a tattoo establishment, obtain and maintain a valid public health facility permit in compliance with applicable County codes.
b.
Every person conducting tattoo activity shall, within one (1) year of the effective date of the ordinance codified in this Section and in compliance with CMC § 9182.22(A), or prior to conducting any tattoo service, obtain and maintain a valid public health operator permit in compliance with applicable County codes.
D.
Posting Requirements.
1.
The public health facility permit issued to the owner of any facility operating as a tattoo establishment must be posted and exhibited at all times in an area that is visible to the public and clients of said establishment.
2.
The public health operator permit issued to a person providing a tattoo service must be posted and exhibited at all times in an area that is visible to the public and clients of any tattoo establishment in which tattoo services are provided.
3.
Every person registered with the department shall at all times prominently post the certificate of registration adjacent to his or her workstation in an area that is readily visible to clients from that location.
E.
Communicable Disease Control. If the City of Los Angeles County Health Department has reasonable cause to suspect a communicable disease is, or may be, transmitted by any person conducting activities regulated by this Section, or by any use of contaminated equipment, or by other unsanitary or unsafe conditions which may adversely impact the public health and safety, the City of County Health Department may do any or all of the following:
1.
Issue an order excluding from the permitted tattoo establishment any person responsible for transmitting a communicable disease, or reasonably believed to be responsible for transmitting a communicable disease, or reasonably believed to pose a substantial risk of transmitting a communicable disease, until the City or Los Angeles County Health Department determines there is no further risk to the public health and safety.
2.
Issue an order to immediately suspend the public health facility permit issued to the owner of the tattoo establishment until the City or Los Angeles County Health Department determines there is no further risk to the public health and safety.
3.
Issue an order to an owner, an employee or a client of a tattoo establishment, to provide information reasonably deemed necessary to prevent the spread of communicable disease.
F.
Inspections. Any and all tattoo establishments shall permit City officers, including code compliance officers, to inspect any premises providing tattoo services for compliance with applicable codes.
G.
Violation and Noncompliance.
1.
Penalty. Any person who operates a tattoo establishment in violation of this Section shall be guilty of a misdemeanor, punishable by a fine not to exceed $1,000, imprisonment in the county jail for a period not to exceed six (6) months, or both.
2.
Injunctive Relief. Any act or failure to act which is a violation of this Section may be the subject of a civil action to enjoin the person so acting or failing to act to conform his or her conduct to the provisions of this Code. The filing and prosecution of such an action shall, in no way, limit the authority or ability to impose other requirements of this Section or penalties enumerated hereunder.
3.
Owner Responsibility. The owner of a tattoo establishment is responsible for any violation by any person who does any tattoo service with the owner's consent, or in the owner's tattoo establishment, whether such person is an employee or a tattoo technician independent operator. Any such tattoo activity done with the owner's actual or constructive knowledge is presumed to be done with the owner's consent.
H.
Exceptions.
1.
The required permits described in this Section shall not apply to, have no effect upon, and shall not be construed as applying to the application of permanent make-up or cosmetic reconstruction applied by a licensed practitioner, licensed cosmetician, or licensed electrologist as defined in the California Business and Professions Code, and has received additional training in the procedures, practices and techniques of permanent make-up application and cosmetic reconstruction.
2.
Any person claiming exemption under this Section shall furnish satisfactory evidence that he or she is entitled to such exemption, including proof of bona fide employment, or if applicable, a citation or certification to the particular provision of the Business and Professions Code upon which that person relies.
3.
A person who exclusively engages in the piercing of the leading edge or earlobe of the ear shall be exempt from the permitting and registration requirements of this Section, provided he or she does the following:
a.
Performs the procedure through the use of an approved ear perforating mechanical device to force the single-use stud or single-use needle through the tissue of the ear; and
b.
Utilizes a sterile, disposable, single-use stud or single-use solid needle.
I.
Severability. If any provision of this Section or the application thereof to any person or circumstance is held invalid, the remainder of the Section or the application of such provision to other persons or circumstances shall not be affected thereby.
(Ord. 06-1349 § 4)
§ 9141.1 Uses Permitted.
Uses are permitted in the industrial zones as indicated in the following table:
USES PERMITTED IN INDUSTRIAL ZONES | |
|---|---|
Legend | |
X. | Automatically permitted use. |
L. | Automatically permitted use provided special limitations and requirements are satisfied as noted herein, in Division 8 of this Part and in Division 8 of Part 3. |
D. | Use permitted subject to the approval of the Director. |
LD. | Use permitted provided special limitations and requirements are satisfied as noted herein, in Division 8 of Part 2, and subject to the approval of the Director. |
C. | Use permitted upon approval of a conditional use permit. |
CC. | Use permitted upon approval of the City Council as prescribed under other provisions of the Carson Municipal Code. |
Use prohibited. | |
DA. | Use permitted upon approval of a development agreement by the City Council subject to the requirements contained in Chapter 15 of Article VI. |
Note: All commercial uses permitted by this part shall be subject to the requirements contained in CMC § 9172.23, Site Plan and Design Review, except temporary uses. (See CMC § 9131.1.)
Note: In the following list, industrial activities are classified by product, by materials used, by use, and by processes employed. Since many industrial uses are complex in nature, it is necessary to consider all of the above-mentioned elements in classifying any specific industrial use. Uncertainties as to the proper classification for a specific use are to be resolved through Interpretations adopted in accordance with CMC § 9172.24.
ZONES | ||
|---|---|---|
ML | MH | |
Manufacturing of the Following Products:* | ||
Pharmaceuticals – drugs, medicines, vitamin tablets. | X | X |
Perfume, cosmetics, toiletries (except soap). | X | X |
Soap, bleaching powder, glue. | C | |
Novelties, buttons, brushes, toys, candles. | X | X |
Ceramics, pottery, statuary. | X | X |
Jewelry, watches, clocks, optical goods, musical instruments, scientific instruments, electronic instruments, phonographs, phonograph records, radios, television sets, electronic parts, precision metal products, wire, springs, tools, sandpaper, emery cloth, grinding wheels, printer's type. | X | X |
Electric and gas fixtures, electric appliances, electric motors and generators, batteries (including rebuilding), signs (electric, neon, billboards, etc.). | X | X |
Furniture, bedsprings, boxes, coffins, fences, sash and doors, venetian blinds, window shades. | X | X |
Clothing, dry goods, draperies, bedding, rugs, upholstery, automobile seat covers, awnings, bags, rope, baskets. | X | X |
Chamois. | C | |
Ink, polish, putty, enamel (except lacquer, synthetic enamel, polyurethane), ethylene glycol. | X | X |
Lacquer, synthetic enamel, polyurethane. | C | C |
Engines (no foundry). | X | X |
Engines (with foundry). | C | C |
Automobiles, trailers, boats, aircraft, heavy equipment. | X | |
Tile (indoor kiln). | X | X |
Concrete block, brick, tile (outdoor kiln). | C | |
Poisons (Class A and Class B)* – pesticides, rodenticides, insecticides, herbicides. | C | |
Explosives – fireworks, dynamite, ammunition, weapons involving use or testing with explosive materials. | C | |
CalARP regulated substances.^ | ||
Hazardous materials.^*** | C | C |
Manufacturing of Products from the Following Materials: | ||
Textiles, wool, yarn, fur, felt, canvas, leather, hair, feathers, paper, cloth. | X | X |
Bone, horn, shells, cellophane, casein (except glue). | X | X |
Wood, cork, fiberglass, clay, glass (no blast furnace), plastic (no pyroxylin). | X | X |
Hydrocyanic acid, tar, coal tar, pyroxyline plastic, guncotton. | C | |
Aluminum, sheet metal, ornamental iron, steel. | X | X |
Rubber (in ML Zone, rubber is not to be melted and, where a banbury mixer is used, the resulting dust is to be washed). | L | X |
Petroleum. | C | |
Any CalARP regulated substance.^ | ||
Any hazardous material.^*** | C | C |
Manufacturing of the Following Materials: | ||
Dextrin. | X | X |
Cloth, textiles, upholstery, felt, canvas. | X | X |
Wallboard, fiberglass, glass (no blast furnace). | X | X |
Glass (with blast furnace). | C | |
Polyurethane foam. | C | C |
Cellophane, celluloid, cellulose. | C | |
Steel. | C | |
Gas acetylene, chlorine, ammonia, synthetic ammonia. | C | |
Acid, caustic soda, soda ash, lye, lime. | C | |
Gelatin, grease, tallow. | C | |
Cement, gypsum, terra cotta. | C | |
Kalsomine, lamp black, size, phenol, potash, pyroxylin plastic. | C | |
Petroleum, petroleum cleaning compound, asphalt, tar, coal tar, creosote. | C | |
Organic peroxide. | C | |
Fertilizer. | C | |
Explosives – nitroglycerine, nitromethane, nitroethane, cellulose nitrate, gunpowder, blasting powder. | C | |
CalARP regulated substances.^ | ||
Hazardous material.^*** | C | C |
Industrial Activities Involving the Following Processes: | ||
Sewing, weaving and knitting of textiles, dyeing of yarn and fabrics. | X | X |
Cleaning of fabrics, curtains, carpets. | X | X |
Mattress renovation. | X | X |
Wool pulling. | C | |
Photo-finishing, film developing and processing, photoengraving, lithography, block printing, silk screening, printing, book binding. | X | X |
Glass silvering, optical grinding, fitting and mounting; glass blowing (no blast furnace). | X | X |
Furniture redecorating and restoration, antique restoration, cabinet making, wood carving. | X | X |
Plastic molding (including hydraulic press). | X | X |
Tire retreading and recapping. | X | X |
Raw rubber processing (in ML Zone, rubber is not to be melted and, where a banbury mixer is used, the resulting dust is to be washed). | L | X |
Rubber reclaiming. | C | |
Metal plating and finishing (in ML Zone, no perchloric acid). | L | X |
Metal engraving, metal fabrication (no snap riveting), metal spinning, tool tempering, welding. | X | X |
Foundry (no brass or bronze) – precision investment casting, die casting. | X | X |
Foundry (including brass or bronze) forging, drop forge, drop hammer, boiler works, smelter, blast furnace, coke oven, scrap metal processing, metal fabrication (including snap riveting). | C | |
Vehicle dismantling or wrecking, junk and salvage processing, subject to the requirements of CMC § 9148.1. | C | |
Aircraft power plant testing. | X | |
Ore grinding and reduction. | C | |
Paper shredding. | C | |
Grinding, dressing or cutting of stone, granite or marble; sand washing. | X | X |
Aggregate batch plant, aggregate dryer, rock or asphalt crushing, asphalt plant, sandblasting. (In ML Zone, only permitted on property which also has an ORL Zone designation, and must be at least 1,000 feet, as measured from lot line to lot line, from any residential zone, and any conditional use permit shall be subject to final approval or other action by the City Council.) | C | C |
Starch mixing and bottling, paint spray booth, shellac mixing (no cooking), paint or enamel mixing (except lacquer, synthetic enamel, polyurethane). | X | X |
Mixing of lacquers, synthetic enamel, polyurethane paint. | C | C |
Shellac mixing (with cooking). | C | |
Processing of coconut oil, cottonseed oil, linseed oil. | C | |
Oil canning and packaging (in ML Zone, not more than 100 barrels stored aboveground). | L | X |
Petroleum refining, oil reclaiming, coal or coal tar distillation. | C | |
Potash refining. | C | |
Bone distillation, fat rendering, offal reduction, curing or tanning of furs or hides, processing of animal by-products. | C | |
Creosoting. | C | |
Fertilizer works, manure spreading and drying. | C | |
Use of organic peroxides,* nitromethane, nitroethane. | C | |
Water treatment. | X | X |
Any process involving use of CalARP regulated substances.^ | ||
Any process involving use of hazardous materials.^*** | C | C |
Resource Extraction: | ||
Borrow pit. | C | C |
Oil fields, oil wells, subject to the requirements of CMC § 9500 – 9537, Oil and Gas Code. | C* | C* |
Food Manufacturing and Processing: | ||
Ice, soft drinks, beer, wine, malt products, dairy products, candy, confections, pastries, bread, oleomargarine, sodium glutamate, honey, nuts and similar food products (no lard, pickles, sauerkraut, or vinegar). | X | X |
Lard, pickles, sauerkraut, vinegar. | C | |
Box lunch preparation. | X | X |
Fruits and vegetables – packing, canning, processing or extracting or bottling of juices (must be at least 100 feet from any residential zone, public school, public park, hospital or long-term health care facility). | L | L |
Fish barbecuing or smoking (oven less than 10 cubic feet, no fish cleaning, retail sales only). | L | L |
Dressing of poultry or rabbits (must be at least 100 feet from any residential zone, public school, public park, hospital or long-term health care facility). | L | |
Slaughtering of animals. | C | |
Meat, fish, dog or cat food – packing, canning, processing. | C | |
Coffee roasting. | C | |
Cigars, cigarettes. | X | X |
Chewing tobacco. | C | |
Service and Repair: | ||
Linen, towel or uniform supply. | X | X |
Assaying, gas heater testing, pest control, cesspool cleaning service, plumbing contractor, roofing contractor, tree surgeon. | X | X |
Carpenter shop, machine shop, metal working shop, sheet metal shop, tinsmith, gunsmith (no weapons manufacture involving use or testing with explosive materials), blacksmith, lapidary shop, electrical motor and appliance repair. | X | X |
Boat repair, vehicle repair (no limit on size of vehicle), equipment and machinery repair, subject to the limitations of CMC § 9138.2 if within 300 feet of other than an industrial zone. | L | L |
Laboratory – product testing, product research. | X | X |
Laboratory – chemical, biological, anatomical. | C | C |
Equipment Sale and Rental: | ||
Motor vehicles and heavy equipment of all types and sizes, contractor's equipment, agricultural equipment. | X | X |
Auction: | ||
Auction – indoor or outdoor (no swap meet or flea market). | C | C |
Wholesale: | ||
Wholesale activities of all types (except livestock and poultry). | X | X |
Poultry (in ML Zone, all activities within an enclosed building). | L | X |
Storage: | ||
Cold storage plant. | X | X |
Petroleum coke. | C | |
Pharmaceuticals – drugs, medicines, vitamin tablets (indoor). | X | X |
Pharmaceuticals – drugs, medicines, vitamin tablets (outdoor). | D | D |
Perfume, cosmetics, shampoo, soap, toiletries, and other personal care products (indoor). | X | X |
Perfume, cosmetics, shampoo, soap, toiletries, and other personal care products (outdoor). | D | D |
Novelties, buttons, brushes, toys, candles (indoor). | X | X |
Novelties, buttons, brushes, toys, candles (outdoor). | D | D |
Ceramics, pottery, statuary (indoor). | X | X |
Ceramics, pottery, statuary (outdoor). | D | D |
Jewelry, watches, clocks, optical goods, musical instruments, scientific instruments, electronic instruments, phonographs, phonograph records, radios, television sets, electronic parts, precision metal products, wire, springs, tools, sandpaper, emery cloth, grinding wheels, printer's type (indoor). | X | X |
Jewelry, watches, clocks, optical goods, musical instruments, scientific instruments, electronic instruments, phonographs, phonograph records, radios, television sets, electronic parts, precision metal products, wire, springs, tools, sandpaper, emery cloth, grinding wheels, printer's type (outdoor). | D | D |
Electric and gas fixtures, electric appliances, electric motors and generators, batteries, signs (electric, neon, billboards, etc.) (indoor). | X | X |
Electric and gas fixtures, electric appliances, electric motors and generators, batteries, signs (electric, neon, billboards, etc.) (outdoor). | D | D |
Mattresses, bedsprings, coffins, fences, sash and doors, venetian blinds, window shades (indoor). | X | X |
Mattresses, bedsprings, coffins, fences, sash and doors, venetian blinds, window shades (outdoor). | D | D |
Draperies, bedding, rugs, automobile seat covers, awnings, bags, rope, baskets (indoor). | X | X |
Draperies, bedding, rugs, automobile seat covers, awnings, bags, rope, baskets (outdoor). | D | D |
Ink, polish, putty, enamel (indoor). | X | X |
Ink, polish, putty, enamel (outdoor). | D | D |
Engines (no foundry) (indoor). | X | X |
Engines (no foundry) (outdoor). | D | D |
Automobiles, trailers, boats, aircraft, heavy equipment (indoor). | X | X |
Automobiles, trailers, boats, aircraft, heavy equipment (outdoor). | D | D |
Tile (indoor kiln). | X | X |
Tile (outdoor kiln). | D | D |
Bone, horn, shells, cellophane, casein (except glue) (indoor). | X | X |
Bone, horn, shells, cellophane, casein (except glue) (outdoor). | D | D |
Wood, cork, clay, plastic (indoor). | X | X |
Wood, cork, clay, plastic (outdoor). | D | D |
Aluminum, sheet metal, ornamental iron, steel (indoor). | X | X |
Aluminum, sheet metal, ornamental iron, steel (outdoor). | D | D |
Rubber (natural or synthetic) (indoor). | X | X |
Rubber (natural or synthetic) (outdoor). | D | D |
Dextrin (indoor). | X | X |
Dextrin (outdoor). | D | D |
Cloth, upholstery, felt, canvas, fur, leather, hair, feathers (indoor). | X | X |
Cloth, upholstery, felt, canvas, fur, leather, hair, feathers (outdoor). | D | D |
Wallboard, fiberglass, glass (indoor). | X | X |
Wallboard, fiberglass, glass (outdoor). | D | D |
Yarn, fabrics, curtains, carpets, wool (indoor). | X | X |
Yarn, fabrics, curtains, carpets, wool (outdoor). | D | D |
Photography-related materials (indoor). | X | X |
Photography-related materials (outdoor). | D | D |
Tires (indoor). | X | X |
Tires (outdoor). | D | D |
Stone, granite, marble (indoor). | X | X |
Stone, granite, marble (outdoor). | D | D |
Ice, soft drinks, beer, wine, malt products, dairy products, candy, confections, pastries, bread, oleomargarine, sodium glutamate, honey, food additives and preservatives, nuts and similar food products (indoor). | X | X |
Ice, soft drinks, beer, wine, malt products, dairy products, candy, confections, pastries, bread, oleomargarine, sodium glutamate, honey, food additives and preservatives, nuts and similar food products (outdoor). | D | D |
Cigars, cigarettes (indoor). | X | X |
Cigars, cigarettes (outdoor). | D | D |
Tints, paints, epoxies, resins, sealants (indoor). | X | X |
Tints, paints, epoxies, resins, sealants (outdoor). | D | D |
Paper, industrial use paper (indoor). | X | X |
Paper, industrial use paper (outdoor). | D | D |
Warehousing of furniture, household goods, dry goods, clothing, textiles, durable goods, no perishable foods. | X | X |
Glass, lumber (no boxes or crates), naval stores, plaster, empty barrels, metal (no scrap), machinery, equipment. | X | X |
Polyurethane foam. | C | C |
Rock, sand, crushed aggregate and gravel: | ||
Not more than 2,000 tons. | X | X |
More than 2,000 tons. (In ML Zone, only permitted on property which also has an ORL Zone designation and must be at least 1,000 feet, as measured from lot line to lot line, from any residential zone, and any conditional use permit shall be subject to approval or other action by the City Council.) | C | X |
Clay and clay products. | X | X |
Cement silo, grain elevator. | X | |
Petroleum and petroleum products (if associated with oil and gas production and related facilities, refer to CMC § 9500 – 9537, Oil and Gas Code, for governing requirements): | ||
Not more than 2,500 barrels. | X | X |
More than 2,500 barrels. | C | |
Cargo container (prohibited within 1,000 feet, as measured from lot line to lot line, of residentially zoned property or institutional uses). | L | |
Natural gas (if associated with oil and gas production and related facilities, refer to CMC § 9500 – 9537, Oil and Gas Code, for governing requirements): | ||
Belowground – any amount. | X | X |
Aboveground: | ||
Not more than 500,000 cubic feet. | X | X |
More than 500,000 cubic feet. | C | |
Oxygen, acetylene (subject to Fire Code requirements). | X | X |
Agricultural chemicals (must be at least 100 feet from any residential zone, public school, public park, hospital or long-term health care facility). | L | L |
Liquid petroleum gas (if associated with oil and gas production and related facilities, refer to CMC § 9500 – 9537, Oil and Gas Code, for governing requirements): | ||
Not more than 30,000 gallons. | X | X |
More than 30,000 gallons | C | |
Fuel yard (not covered elsewhere, including propane). | X | X |
Aircraft fuel and lubricant. | C | |
Explosives – dynamite (over 100 pounds), nitroglycerine, nitromethane, nitroethane, cellulose nitrate, gun powder, blasting powder. | C | |
Creosote, creosoted poles. | C | |
Fertilizer. | C | |
Junk, salvage, metal scrap, rags, bottles, nonferrous scrap (other than paper), subject to the requirements of CMC § 9148.1. | C | |
Waste paper, subject to the requirements of CMC § 9148.1. | C | C |
CalARP regulated substances.^ | ||
Hazardous materials.^*** | C | C |
Poison (Class A or Class B)* – pesticides, rodenticides, insecticides, herbicides. | C | |
Organic peroxides** – (more than 50 pounds). | C | |
Motor vehicles (not including impounding yard). | X | X |
Vehicle impounding yard, subject to the requirements of CMC § 9148.1. | C | |
Aircraft. | X | |
Transportation, Communications, Utilities and Public Service: | ||
Service yard – public utility or public service. | X | X |
Jail farm, honor farm. | C | C |
Aircraft beacons and navigational aids – operating. | X | X |
Blimp port, heliport, helistop. | C | C |
Railroad yard, repair shop, roundhouse. | C | |
Truck terminal, subject to the requirements of CMC § 9148.9. | C | C |
Truck yard, subject to the requirements of CMC § 9148.9. | C | |
Transfer station for refuse, sewage treatment plant. | C | |
Access to other property lawfully used for purposes not permitted on subject property. | X | X |
Intermodal container transfer facility. | C | |
Education: | ||
Trade school. | X | X |
Recreation: | ||
Arcade (subject to the requirements of CMC § 9138.4). | C | C |
Archery range. | C | C |
Outdoor drive-in theater. | C | C |
Range for pistol, rifle, skeet, or trap shooting; turkey shoot. | C | |
Model airplane area (motor-driven or jet-propelled). | C | |
Fairgrounds, outdoor festival (permanent). | C | C |
Race track – horse, automobile, motorcycle. | C | |
Zoo. | C | |
Agriculture: | ||
Earthworm farm (must be at least 100 feet from any residential zone, public school, public park, hospital or long-term health care facility). | L | L |
Mushroom farm (must be at least 300 feet from any residential zone, public school, public park, hospital or long-term health facility). | L | |
Egg candling. | X | X |
Studios: | ||
Motion picture studio or set – indoor or outdoor. | X | X |
Cemetery: | ||
Cemetery, mausoleum, columbarium, crematory. | C | |
Animal Services: | ||
Horse stable, riding academy – commercial or private (must be at least 100 feet from any residential zone, public school, public park, hospital or long-term health care facility). | C | C |
Animal shelter, pound, kennel, training school. | C | C |
Animal hospital, animal research institute. | X | X |
Pet cemetery. | C | |
Electronic message center signs. (See CMC § 9146.7.) | C | C |
Outdoor Advertising: | ||
Outdoor advertising sign, including electronic digital displays, subject to the requirements of CMC § 9146.7. | CC | CC |
Recycling Facilities: | ||
Large collection recycling facility. (Subject to CMC § 9148.4.) | L | L |
Processing facility for recyclables, light. (Subject to CMC § 9148.5.) | L | L |
Processing facility for recyclables, heavy. (Subject to CMC § 9148.5.) | C | |
Wireless Telecommunications Facilities (see CMC § 9138.16): | ||
Minor wireless telecommunications facilities, subject to the requirement of CMC § 9138.16. | L | L |
Major wireless telecommunications facilities, subject to the requirement of CMC § 9138.16. | C | C |
Uses Permitted in Commercial Zones: | ||
Any principal use permitted in any commercial zone, whether automatically (X), with limitation (L), or by conditional use permit (C), is automatically permitted in the industrial zones, subject to the same requirements specified for such use in the commercial zones, except the following: | ||
Residential: | ||
Mobile home park. | Not permitted | |
Group quarters for members of a religious order. | Not permitted | |
Community residential care facility, boarding or rooming house, fraternity or sorority house, dormitory, residential hotel or similar group quarters, motel units with kitchens. | Not permitted | |
Emergency shelters, up to 30 occupants within the City. | L | L |
Emergency shelters, more than 30 occupants within the City. | C | C |
Transitional housing, supportive housing and single-room occupancy (SRO) housing. | Not permitted | |
Transportation related uses: | ||
Shared parking facilities. | C | C |
Health services: | ||
Hospital, long-term health care facility, public health center. | C | |
Ambulance service. | C | C |
Public and quasi-public uses: | ||
Archaeological dig, provided the Director determines there is a reasonable prospect that significant scientific, cultural, or historical information will be obtained from the site. | D | D |
Education: | ||
Elementary or secondary school public or private. | Not permitted | |
Recreation: | ||
Golf driving range, pitch-and-putt course, golf course, subject to the limitations of CMC § 9138.3. | L | L |
Arcade, subject to the requirements of CMC § 9138.4. | C | C |
Retail services and offices: | ||
Adult business. | Not permitted | |
Convenience stores. | C | C |
Payday loans. | CUP | CUP |
Massage service. | Not permitted | |
Tattoo service. (New uses not permitted. Existing uses prior to June 7, 2006, required a CUP and are subject to CMC § 9138.92.) | L | Not permitted |
Alcoholic beverage sales and services: | ||
Alcoholic beverage sales in conjunction with variety store, drugstore, mini market, drive-through market, food store, or grocery store excluding a supermarket, take-out food, liquor store, subject to requirements of CMC § 9138.5. | C | C |
Alcoholic beverage sales and services in conjunction with cocktail lounge, bar, arcade, pool hall, billiards, card room, bowling alley, indoor theater, night club and eating establishment other than a bona fide restaurant, subject to requirements of CMC § 9138.5. | C | C |
Vehicles sales and service: | ||
Automobile service station, subject to the requirements of CMC § 9138.14. | C | C |
Automobile/vehicle washing, subject to the requirements of CMC § 9138.14. | C | C |
Automobile/vehicle service and repair, subject to the limitations of CMC § 9138.14. | C | C |
Auctions for used automobiles, recreational vehicles, travel trailers, trucks or trailers, not over 2-ton capacity, motorcycles or motorscooters, subject to the requirements of CMC § 9138.21. | C | C |
Temporary Uses: | ||
Election campaign office in a trailer. (Not permitted earlier than 90 days before the election. To be removed within 14 days after the election.) | L | L |
Office or other permitted commercial use in a trailer or other mobile unit. (Permitted for a period not exceeding 6 months during construction of a building on the same lot while a building permit is in effect. The Director may approve reasonable time extensions if he finds construction is proceeding in good faith.) | L | L |
Storage of construction materials and equipment at a construction site without the screening which would be required for permanent outdoor storage (only during the period a building permit is in effect). | L | L |
Subdivision directional sign. (See CMC § 9128.31 – 9128.35.) | LD | LD |
Fireworks stand, fireworks storage. (See CMC § 3101.0 – 3101.10.) | CC | CC |
Tent revival. (See Chapter 6 of Article III.) | CC | CC |
Carnival, mechanical rides, pony rides, outdoor festival and similar uses. (See CMC § 63119 and § 63119.1.) | CC | CC |
Circus, rodeo. (See CMC § 63120; and Animal Control Ordinance, CMC § 3300 – 3301.) | CC | CC |
Sidewalk, parking lot, and tent sales. (See CMC § 9148.7.) | D | D |
Yard sales. (See CMC § 4600 – 4606.) | L | L |
Uses Permitted in Manufacturing Zones: | ||
Auction house. | C | C |
Indoor mini-mart. | Not permitted | |
Commercial Cannabis (See Chapter 15 of Article VI) | DA | DA |
***Conditional use permits issued for these uses shall include a condition of approval imposed pursuant to CMC § 9172.21(E), requiring that the owner(s) and occupant(s) of the premises (and any successors-in-interest): (i) file a certification with City stating under penalty of perjury (a) whether the use possesses or may possess or use hazardous materials, (b) itemizing the specific types of hazardous materials that will or may be possessed or used, specifying the quantities (both then-current and anticipated maximum quantities) that will or may be possessed or used at any given time, both on an itemized basis and cumulatively, and (c) reporting any outstanding violations of state Unified Program regulations and the status of efforts or measures taken to correct same. If at any time any information specified in the certification becomes outdated or is no longer accurate, the permittee must submit, within thirty (30) days after learning that the information is no longer accurate, an addendum to the certification which includes the corrected/updated information; and (ii) submit to City inspections of the permittee's premises at least once per year for compliance with this code and the permit conditions and identification of any and all hazardous materials present at the location, including reporting of such inspection to the Certified Unified Program Agency having jurisdiction in the City (the Los Angeles County Fire Department, Health Hazardous Materials Division) when the inspector finds any suspected violations of State Unified Program regulations identified during the inspections. |
^Designation excludes and does not apply to any existing petroleum refining use that was lawfully established as a permitted use. |
"Hazardous material," as used in this section, means and refers to any hazardous material listed in Section 25501(n) of the California Health and Safety Code, and as may be amended.
"CalARP regulated substances," as used in this section, means and refers to the substances that constitute "regulated substances" pursuant to the California Accidental Release Prevention ("CalARP") program, established and existing pursuant to Article 2 (Sections 25531 to 25543.3) of Chapter 6.95 of Division 20 of the California Health and Safety Code and the regulations set forth in Chapter 4.5 of Division 2 of Title 19 of the California Code of Regulations, as such substances are defined in California Health and Safety Code Section 25532 and listed in Table 3 of Section 2770.5 of Title 19 of the California Code of Regulations ("Table 3") and described and listed in Section 68.130 of Title 40 of the Code of Federal Regulations pursuant to paragraph (3) of subsection (r) of Section 112 of the Clean Air Act (42 U.S.C. Section 7412(r)(3)), and as may be amended. Notwithstanding the foregoing, a flammable substance listed in Section 2770.5, Table 2, of Chapter 4.5 of Division 2 of Title 19 of the California Code of Regulations, is excluded from the definition of "CalARP regulated substances" when the substance is used as a fuel or held for sale as a fuel at a retail facility.
Any person, firm or corporation violating any provision of this Section shall be guilty of an infraction and shall be punishable as provided in Chapter 2 of Article I.
(Ord. 78-427; Ord. 79-479 § 8; Ord. 80-532 § 4; Ord. 80-541 § 1; Ord. 82-621 § 4; Ord. 83-673U § 5; Ord. 84-685 § 5; Ord. 84-704; Ord. 86-732 § 1; Ord. 87-813 § 4; Ord. 87-819 §§ 3, 4; Ord. 87-822 § 1; Ord. 88-857 § 3; Ord. 89-888 § 3; Ord. 90-915 § 3; Ord. 91-932 §§ 1, 2; Ord. 92-982 § 1; Ord. 93-1001 § 3; Ord. 94-1035U § 6; Ord. 94-1037 § 7; Ord. 96-1085 § 2; Ord. 96-1097 § 1; Ord. 01-1237 § 2; Ord. 03-1284 § 4; Ord. 04-1308 §§ 3, 4; Ord. 06-1349 § 5; Ord. 09-1419 § 6; Ord. 09-1434 § 2; Ord. 10-1455 § 2; Ord. 13-1525 §§ 3, 4; Ord. 16-1590, Exh. B (§ 9); Ord. 16-1602 § 7; Ord. 18-1825 § 2; Ord. 21-2120 § 3(A))
§ 9141.12 Uses Permitted on Organic Refuse Landfill Sites.
A.
No use except as hereinafter provided shall be permitted on property designated as ORL (Organic Refuse Landfill) without the approval of a conditional use permit by both the Commission and the Council. Such conditional use permit shall require, as a condition precedent to use of the property under the conditional use permit, approval by the Building and Safety Division and the Council of a report submitted by the applicant pursuant to the applicable provisions of the Building Code, prepared by a licensed civil engineer designated by the applicant and approved by the City, which shall provide and include plans for a protective system or systems designated to eliminate or mitigate the potential hazards and environmental risks associated with the proposed use. Approval of such report by the Building and Safety Division shall be in the discretion of the Building Official, who shall evaluate any risks and hazards associated with the site and proposed use and who may grant approval only if he finds that the report and plans adequately provide for protection against such associated risks and hazards. The Building Official's approval shall be submitted to the Council for final approval which will be in the discretion of the Council.
The following uses are exempt from the provisions of this Section:
1.
Uses which do not involve buildings or structures, including but not limited to outdoor storage, display and outdoor recreational facilities.
2.
Construction of structures which are unoccupiable, such as signs, flagpoles, walls, fences and towers, but not including oil wells and storage tanks.
3.
Paving of no more than twenty (20) percent of the site.
4.
Repair or minor alterations to existing structures which do not increase floor area.
B.
An application for a conditional use permit required by subsection A of this Section shall be considered in accordance with CMC § 9172.21, except that the Commission's decision shall be referred to the Council for review as if an appeal had been filed pursuant to CMC § 9173.4.
C.
Every conditional use permit for a use located on property designated as ORL (Organic Refuse Landfill) shall be subject to the following conditions in addition to any other conditions that the Commission or the Council may impose:
1.
Approval by the Building Official of the report provided for in subsection A of this Section.
2.
The applicant shall comply with a development schedule approved by the Community Development Director.
3.
All measures to eliminate or mitigate the hazards and environmental risks associated with the site proposed in the report approved by the Building Official provided for in subsection A of this Section shall be subject to approval by the Council and shall be incorporated into the project. Such measures shall include monitoring, evaluation and control of methane gas produced by the site as the City shall determine to be necessary to protect the public health, safety or welfare with respect to the production or migration of methane gas.
4.
Monitoring and regular inspections and reports by a licensed civil engineer designated by the applicant and monitored, evaluated and approved by the Building Official shall be done and filed with the City from time to time as directed by the Building Official at the applicant's cost.
5.
The mitigation measures required by subsection (C)(3) of this Section shall be implemented to the satisfaction of the Building Official and City Council. In the event that the Building Official or Council finds that such measures when implemented are inadequate to protect the public health, safety, or welfare, the Building Official or Council may (1) require additional mitigation measures to be incorporated into the project, or (2) after notice to the applicant and an opportunity to be heard, declare the conditional use permit null and void if the Council finds that the public health, safety or welfare cannot be adequately protected to the satisfaction of the Council.
6.
Adequate measures shall be taken to eliminate odors from the site to the satisfaction of the Building Official.
7.
The applicant shall, at the applicant's own expense, carry public liability insurance during the existence of the conditional use permit, with a company and policy to be approved by the City Attorney, covering liability for injuries or death arising out of or in connection with the use of the site pursuant to said permit in an amount not less than $5,000,000. The City shall be named as an additional assured under such insurance policy.
D.
Whenever both subsection A and any other Section of this Chapter require a conditional use permit for a particular property, only one (1) conditional use permit shall be required, which shall be applied for, processed and considered pursuant to the provisions of subsection B. The application and conditional use permit, if approved, shall refer to both Sections which are applicable.
E.
Subsection A of this Section shall not apply to the following:
1.
Any lawfully established existing use.
2.
An expansion of an existing, lawfully established use on a lot on which such existing use was approved provided that the existence of an organic refuse landfill in such lot is shown by the record to have been considered by the granting body in connection with the approval of such existing use.
3.
Any proposed use for which a conditional use permit requiring approval of methane gas control measures by the Council either (1) has been granted, or (2) has been applied for and is being processed on the effective date of this Section; provided, that subsection A shall apply if such conditional use permit which has been granted expires, is declared to be null and void or is otherwise terminated or if such conditional use permit for which an application is being processed is thereafter denied.
(Ord. 78-449; Ord. 79-471; Ord. 81-560 § 1; Ord. 82-586 § 1)
§ 9141.2 Interpretation of Uses Permitted.
Further definition and enumeration of uses permitted in the various residential zones shall be determined by means of Interpretation in accordance with CMC § 9172.24.
§ 9141.3 Prohibited Uses.
All uses are prohibited except as expressly permitted by the provisions of this Chapter.
§ 9142.0 Accessory Uses.
If not otherwise permitted as principal uses, the following uses are permitted as minor uses if related to and incidental to the indicated principal permitted use on the same site:
Amusement machines – not more than three (3) machines – only in connection with a cocktail lounge, bar, bona fide restaurant or theater. |
Caretaker's or superintendent's residence – not more than one (1) dwelling unit per site; property cannot be less than one (1) acre; residence size cannot exceed one thousand two hundred (1,200) square feet; two (2) covered parking spaces required; conditional use permit must be approved by Planning Commission. |
Cargo container storage involving full or empty cargo containers and minor maintenance and repair incidental to a truck terminal, rail yard or intermodal container transfer facility, subject to a conditional use permit. Cargo container storage that is incidental to an automatically permitted warehouse use is permitted if the number of cargo containers stored does not exceed the number of loading positions on the site and if the duration of storage does not exceed seventy-two (72) hours. All other cargo container storage, whether involving single or multiple cargo containers for any use, is prohibited as an accessory use. |
Employee recreation area or facilities. |
Employee cafeteria and eating facilities. |
Medical clinic and infirmary. |
Outdoor display, subject to the requirements of CMC § 9146.29. |
Outdoor storage, subject to the requirements of CMC § 9146.29. |
Similar uses as determined in accordance with the Interpretation procedure of CMC § 9172.24. |
(Ord. 11-1479 § 15; Ord. 87-822 § 2; Ord. 84-685 § 6; Ord. 83-637 § 6; Ord. 83-635 repealed by election on 6/28/83; Ord. 83-635)
§ 9142.1 Accessory Uses of Division 2, Part 3 Permitted.
If not otherwise permitted as principal uses, all accessory uses specified in Division 2, Part 3 of this Chapter are permitted in the industrial zones, subject to the same requirements for such uses as are set forth in said Division 2, Part 3.
(Ord. 87-919 § 5)
§ 9143.1 Conditional Use Criteria.
In addition to the general criteria for the approval of a Conditional Use Permit pursuant to CMC § 9172.21(d)(1), special criteria and limitations as indicated below shall be considered in acting upon a Conditional Use Permit in an industrial zone:
Possible hazards to the surrounding area as a result of the proposed use. |
Possible hazards to the proposed use due to proximity or interaction with uses in the surrounding area. |
Cumulative and interactive effects upon the environment and public safety resulting from the interrelation, magnitude and intensity of industrial activities in the area. |
§ 9145.1 Applicability.
The provisions of this Division do not apply to the individual lots within planned developments wherein the owners or lessees of individual lots also hold an undivided interest in common areas within the same development, nor to a lease of less than four hundred (400) square feet of land.
§ 9145.2 Minimum Lot Area.
No lot shall be created which has a net area less than twenty thousand (20,000) square feet.
Any existing lawfully established lot (including a leased area of land during the term of the lease) is deemed to have the required lot area.
A lot may be reduced to less than the required lot area if such reduction is the result of an acquisition for public purposes.
§ 9145.3 Street Frontage and Access.
No lot shall be created unless it is capable of being provided with vehicular access directly from a public street or alley and has a street frontage of at least one hundred (100) feet.
A new or additional use shall not be developed on an existing lawfully established lot (including a leased area of land during the term of the lease) unless there is vehicular access from a public street or alley, and such access has a width of at least twenty (20) feet. The required vehicular access shall be either directly from a public street or alley or by means of a right-of-way or easement.
(Ord. 79-460 § 3)
§ 9145.4 Minimum Lot Width.
No lot shall be created which has a width less than one hundred (100) feet.
Any existing lawfully established lot (including a leased area of land during the term of the lease) is deemed to have the required width.
A lot may be reduced to less than the required width if such reduction is the result of an acquisition for public purposes.
§ 9146.12 Buildings and Structures - Height of Buildings and Structure.
In the industrial zones, there is no height limit provided additional yard spaces are provided as required in CMC § 9146.21 through § 9146.29.
§ 9146.22 Yards and Open Spaces - Future Rights-of-Way.
This Section is applicable only where portions of a lot are within areas planned to be part of future streets, alleys or public rights-of-way, as determined by the Director.
In cases to which this Section is applicable, unless otherwise approved by the Commission, the portions of any lot within such future right-of-way areas shall not be occupied by structures other than those encroachments allowed in future right-of-way areas as provided in CMC § 9146.29. All other required setbacks, yards and open spaces shall be provided in addition to the future right-of-way areas, and the future right-of-way lines shall be considered to be lot lines for purposes of measuring such other setbacks, yards and open spaces.
§ 9146.23 Yards and Open Spaces - Front Yard.
Each lot shall have a front yard with a required depth of twenty-five (25) feet or twenty-five (25) percent of the lot depth, whichever is less, except that a variable front yard in which all portions are at least ten (10) feet in depth and some portion is at least twenty (20) feet in depth is permitted if, to the satisfaction of the Director, all portions of the yard where the setback is twenty (20) feet or less are landscaped and mounded earthforms are included in the landscaping.
For any building (but not for an unoccupiable structure, whether detached or attached to a building) over fifty (50) feet in height, the required front yard setback shall be increased by one (1) foot for each two (2) feet of height above fifty (50) feet.
Any portion of a required front yard which is not utilized for parking shall be landscaped. A required front yard shall not be otherwise occupied except as provided in CMC § 9146.29.
(Ord. 19-1904 § 2)
§ 9146.24 Yards and Open Spaces - Side Yards.
Where the side of a lot abuts a street, there shall be a side yard with a width of at least ten (10) feet. For any building (but not for an unoccupiable structure whether detached or attached to a building) over fifty (50) feet in height, the required side yard setback shall be increased by one (1) foot for each two (2) feet of height above fifty (50) feet.
Where the side of a lot abuts a lot in a residential zone, there shall be a side yard with a width of at least ten (10) percent of the subject lot width, except that such side yard shall be at least five (5) feet and need not be greater than ten (10) feet in width. For any building (but not for an unoccupiable structure whether detached or attached to a building) over thirty (30) feet in height, the required side yard setback shall be increased by one (1) foot for each foot of height over thirty (30) feet.
Where the side of a lot abuts a lot in other than a residential zone and the height of the building is not over fifty (50) feet, no side yard is required. If any side yard greater than approximately one (1) inch is required or provided, it shall be at least three (3) feet. For any building (but not for an unoccupiable structure whether detached or attached to a building) over fifty (50) feet in height, the required side yard setback shall be three (3) feet plus one (1) foot for each two (2) feet of height above fifty (50) feet.
Required side yards shall not be occupied except as provided in CMC § 9146.29.
§ 9146.25 Yards and Open Spaces - Rear Yard.
Where the rear of a lot abuts a lot in a residential zone, there shall be a rear yard with a depth of at least ten (10) percent of the subject lot depth, except that such rear yard shall be at least five (5) feet and need not be greater than ten (10) feet. For any building (but not for an unoccupiable structure whether detached or attached to a building) over thirty (30) feet in height, the required rear yard setback shall be increased by one (1) foot for each foot of height above thirty (30) feet.
Where the rear of a lot abuts a lot in other than a residential zone and the height of the building or structure is not over fifty (50) feet, no rear yard is required. If any rear yard greater than approximately one (1) inch is required or provided, it shall be at least three (3) feet. For any building (but not for an occupiable structure whether detached or attached to a building) over fifty (50) feet in height, the required rear yard setback shall be three (3) feet plus one (1) foot for each two (2) feet of height above fifty (50) feet.
A required rear lot shall not be occupied except as provided in CMC § 9146.29.
§ 9146.27 Yards and Open Spaces - Space between Buildings.
Buildings (but not including unoccupiable structures whether detached or attached to buildings) on the same lot either shall be abutting each other or there shall be a separation of at least three (3) feet. Where there is a separation and both buildings are more than fifty (50) feet in height, the required separation shall be increased by one (1) foot for each two (2) feet of height above fifty (50) feet on the lower building.
§ 9146.29 Yards and Open Spaces - Encroachments.
Every part of a required yard or open space shall be open and unobstructed from finished grade to the sky except for facilities and activities as follows:
A.
Projections from buildings (such as eaves, awnings and shading devices; signs; architectural features; utility meters; conduits and pipes; unenclosed and unroofed stairways, landings, porches and balconies; chimneys; and mechanical equipment) may project into a required yard not more than one-half of the width of the required yard, except that only such projections permitted into a required front yard or a required side yard abutting a street shall be for eaves, awnings, shading devices, architectural features and signs. No projections are permitted into future right-of-way areas as determined under CMC § 9146.22.
B.
Free-standing mechanical equipment is not permitted in any required yard except those additional yard areas required because of building height.
C.
Utility-owned facilities are permitted in any required yard if also located in an approved utility easement.
D.
Signs are permitted in required yards other than in existing or future street rights-of-way if in accordance with the provisions of CMC § 9146.7.
E.
Swimming pools are permitted in required yards other than future right-of-way areas provided the pool is set back from the front lot line at least twenty-five (25) feet or twenty-five (25) percent of the lot depth, whichever is less, and is not less than five (5) feet from any other lot line.
F.
Fences, walls, and hedges shall not be higher than eight (8) feet above finished grade in a future right-of-way, front yard, or in a side or rear yard which abuts a residential zone. In a required front yard or abutting future right-of-way area, any portion of a fence, wall or hedge above three and one-half (3-1/2) feet in height shall not impair vision by obscuring more than ten (10) percent of the area in the vertical plane unless approved by the Director pursuant to the procedures and requirements for Site Plan and Design Review contained in CMC § 9172.23.
G.
Landscaping (other than hedges) is permitted in any required yard or open space.
H.
Outdoor display of goods. The following items may be displayed in any required yard area, but not in a required parking area:
Vehicles (automobiles, motorcycles, motorscooters, bicycles, recreational vehicles, trucks, mobile homes, or other vehicles).
Boats.
Agricultural produce.
Nursery stock.
Flowers and plants.
Christmas trees.
Similar items as determined in accordance with the Interpretation procedure of CMC § 9172.24.
The following items may be displayed in yard areas other than a required front yard and any abutting future right-of-way area, but not in a required parking area:
Garden equipment and supplies.
Building materials.
Monuments, tombstones, statuary.
Similar items as determined in accordance with the Interpretation procedure of CMC § 9172.24.
Items displayed must be in the form in which marketed (no raw materials or subassemblies).
I.
Outdoor storage is permitted only in yards other than a required front yard and abutting future right-of-way area, but not in a required parking area.
Outdoor storage areas shall be screened from view from any adjoining public street or walkway.
J.
Employee recreation and eating facilities (no buildings) are permitted in any yard other than a required front yard and adjacent future street right-of-way, but not in a required parking area.
K.
Parking is permitted in required yards except the area within ten (10) feet of an existing or future street right-of-way. (See CMC § 9162.52.)
L.
Railroad spur tracks are permitted in any yard other than a required yard adjacent to a street (front or side) and any adjacent future street right-of-way.
Any person, firm or corporation violating any provision of this Section shall be guilty of an infraction and shall be punishable as provided in Chapter 2 of Article I of this Code.
(Ord. 91-945 § 1; Ord. 90-905 § 1; Ord. 79-479 § 8)
§ 9146.3 Other Site Development Standards - Fences, Walls and Hedges.
A.
Except as provided in Division 8 of this Part[1]:
1.
A solid masonry wall shall be constructed along the inside of any lot line (or upon the lot line with the consent of the adjoining property owner) if the lot line abuts a residential zone or if the lot line abuts an alley that borders a residential zone. In areas other than the required front yard area and any abutting future right-of-way area, such wall shall be a minimum of six (6) feet and a maximum of eight (8) feet in height. In a required front yard area and any abutting future right-of-way area, such wall may not exceed three and one-half (3-1/2) feet in height, except fencing material of any type may extend above the three and one-half (3-1/2) foot solid masonry portion to a height not exceeding eight (8) feet, provided such extended portion does not impair vision by obscuring more than ten (10) percent of the area in the vertical plane.
2.
No fence, wall or hedge in an industrial zone shall exceed a height of fifty (50) feet.
3.
The height of fences, walls and hedges shall be measured from the finished grade at each point along the fence, wall or hedge. Where there is a difference between the grade on the two (2) sides of the fence, wall or hedge, the higher grade shall be used.
[1]
Division 8 applies only to vehicle dismantling yards, junk and salvage yards, vehicle impounding yards and retail petroleum outlets.
(Ord. 16-1590, Exh. B (§ 10); Ord. 90-905 § 2)
§ 9146.4 Other Site Development Standards - Trash Areas.
Trash and recycling areas shall be provided in accordance with Division 4 of Part 6 of this Chapter.
(Ord. 93-1013 § 3)
§ 9146.6 Other Site Development Standards - Parking, Loading, Truck Maneuvering and Driveways.
Parking spaces and loading areas for each use and the areas required for access and truck maneuvering shall be provided in accordance with Division 2 of Part 6 of this Chapter.
§ 9146.7 Other Site Development Standards - Signs. [1]
A.
Outdoor advertising signs are permitted, subject to the following:
1.
The total sign face area on each I-405, I-110 or SR-91 Freeway Corridor sign structure or any pre-Ordinance No. 01-1237 sign structure shall not exceed eight hundred (800) square feet and digital displays can be installed on said sign face areas if approved within a development agreement, with appropriate conditions and public benefits to be negotiated with the City and complying with all other conditions imposed by this Chapter. The interval between the change of digital display shall be a minimum of eight (8) seconds. The total sign face area on any other new sign structure shall not exceed one hundred fifty (150) square feet and digital displays are not allowed on these other new sign structures.
2.
The height of an I-405, I-110 or SR-91 Freeway Corridor sign structure or any pre-Ordinance No. 01-1237 sign structure shall either be the height of the current off-premises sign if said sign is being rebuilt or maintained on the same parcel of land or if the proposed off-premises sign is not replacing an existing off-premises sign on the same parcel of land, then said sign shall not exceed forty-two (42) feet measured from the higher of either the ground level at the base of the sign structure or the finished grade of the road which the sign is advertising thereto. The height of any other new sign structure shall not exceed twenty (20) feet measured from the ground level at the base of the sign structure.
3.
A new sign structure shall be erected only on a property that abuts the Alameda Corridor or abuts either the I-405, I-110 or SR-91 Freeway Corridor. For purposes of this Section, the term "Alameda Corridor" means that portion of Alameda Street between Del Amo Boulevard and Lomita Boulevard. For purposes of this Section, the term "I-405 Freeway Corridor" means that portion of the I-405 Freeway that is on the north side of the I-405 Freeway and that is also between Del Amo Boulevard and Figueroa Street ("Del Amo Boulevard Portion") and that portion of the I-405 Freeway that is between the west line of Alameda Street and a point that is two thousand one hundred (2,100) feet west of the west line of Alameda Street ("Alameda Street Portion"). The term "I-110 Freeway Corridor" means that portion of the I-110 Freeway that directly abuts the east side of the I-110 Freeway, is zoned Manufacturing Light (ML), and is located on MTA owned property between Sepulveda Boulevard and Lomita Boulevard. The term "SR-91 Freeway Corridor" means that portion of the SR-91 Freeway that directly abuts the north side of the SR-91 Freeway, is zoned Manufacturing Light (ML), and is located on APN 7319-033-064 property between Avalon Boulevard and Central Avenue.
4.
The I-405, I-110 and SR-91 Freeway Corridor static outdoor advertising signs shall not be erected within five hundred (500) feet of any other outdoor advertising sign on the same side of the freeway and a digital display shall not be erected within one thousand (1,000) feet of any other digital display on the same side of either freeway, but in no case shall there be more than two (2) digital display faces allowed on the north side of the I-405 Freeway Corridor within the entire Alameda Street Portion, no more than two (2) digital display faces allowed on the south side of the I-405 Freeway Corridor within the entire Alameda Street Portion, no more than two (2) digital display faces allowed on the I-110 Freeway Corridor, and no more than two (2) digital display faces allowed on the SR-91 Freeway Corridor. Other than an I-405, I-110 or SR-91 Freeway Corridor sign structure which shall not have a sign face area of more than six hundred seventy-two (672) square feet with the exception of no more than one hundred twenty-eight (128) square feet in extensions, no new sign structure having a total sign face area of more than eighty (80) square feet but not exceeding one hundred fifty (150) square feet shall be erected within:
a.
Two hundred (200) feet of an outdoor advertising sign structure having a total sign face area greater than eighty (80) square feet; or
b.
One hundred (100) feet of any other outdoor advertising sign structure located on the same side of the public street or other right-of-way.
5.
No new sign structures having a total sign face area of eighty (80) square feet or less shall be erected within one hundred (100) feet of any outdoor advertising sign structure located on the same side of the public street or other right-of-way.
6.
Other than an I-405, I-110 or SR-91 Freeway Corridor sign structure, any such sign having a sign face visible from and within a distance of six hundred (600) feet of the edge of the right-of-way of a freeway or scenic highway measured horizontally along a line perpendicular to the centerline of such freeway or scenic highway shall not be permitted if placed or directed so as to be viewed primarily by persons traveling thereon.
7.
Such sign shall not be permitted on the roof of a building, and a freestanding sign shall not be permitted to project over the roof of a building.
8.
Such signs shall not encroach over public rights-of-way.
9.
Any such sign structure shall not be permitted within two hundred (200) feet of a residential zone located on the same side of a public street or right-of-way.
10.
Other than an I-405, I-110 or SR-91 Freeway Corridor sign structure or any pre-Ordinance No. 01-1237 sign structure, any such sign structure shall be designed in the simplest form and shall be free of any bracing, angle iron, guy wires, cables, etc.
11.
All exposed backs of such signs, which are visible to the public, shall be suitably covered in order to conceal the structure and shall be properly maintained.
12.
An approved development agreement shall be required for each new sign structure. The provisions of this subsection shall govern the processing of applications for a development agreement for an outdoor advertising sign. Unless an extension is agreed to in writing by the applicant, the City Council shall render its decision on an application for a development agreement for an outdoor advertising sign within three (3) months of the date of acceptance of the application. An application for a development agreement for an outdoor advertising sign shall be approved by the City Council if the proposed sign structure conforms to the requirements of this code and applicable laws.
B.
Business signs are permitted, subject to the following:
1.
All business signs and sign structures shall be permitted in conformance with development plans which have been approved pursuant to the Site Plan and Design Review procedures (including the number of signs and sign structures to be permitted) as provided in CMC § 9172.23. All signs and sign structures shall also comply with the minimum requirements, as outlined in this Section of the Zoning Ordinance.
2.
The total sign area per lot shall not exceed an area in square feet equal to two (2) times the linear feet of lot frontage on a public street or streets for the first one hundred (100) feet of frontage, plus one-half (1/2) times the frontage in excess of one hundred (100) feet. Window signage shall not exceed ten (10) percent of window area. Lot frontage on a freeway shall not be considered in computing this figure.
When the total frontage of a lot is less than the square root of the lot's area, said frontage shall be deemed to be equal to the square root of the lot's area for the purpose of determining the permitted sign area.
Any primary use which is developed commercially may be permitted to have a sign area equal to that permitted by CMC § 9136.7(B)(2); provided, that a deed restriction is recorded in the offices of the County Recorder, restricting the use on the property to a commercial use, and proof of such recordation is submitted to the satisfaction of the Director.
3.
Repealed by Ord. 16-1602.
4.
A ground sign in excess of six (6) feet in height shall not be permitted. The distance between ground elevation and the bottom of a ground sign shall not exceed one (1) foot. Not more than one (1) ground sign shall be permitted on a lot. No ground sign shall be erected until written approval is obtained from the City Traffic Engineer. Such signs shall be in conformance with development plans which have been approved pursuant to the Site Plan and Design Review procedure as provided in CMC § 9172.23.
5.
A sign may be affixed to a building but shall not project above the height of the building wall or roof fascia.
6.
A sign shall not project into an existing or future right-of-way.
7.
No "A" frame or "sandwich" sign or scintillating, flashing or revolving sign shall be permitted.
8.
Electronic message center signs are permitted, subject to the following:
(a)
Such sign shall be at least one hundred (100) feet from a residential zone.
(b)
Such sign shall be at least five hundred (500) feet from any other electronic message center sign.
(c)
Such sign shall be affixed to a pole and subject to the pole sign limitations of this Chapter.
(d)
A conditional use permit (CUP) shall be required for all electronic message center signs in accordance with provisions set forth in CMC § 9172.21. Approval shall not be granted if the Commission finds that the proposed sign would interfere with traffic signals, disrupt normal traffic flow or otherwise create a safety hazard.
C.
Streamers, banners, pennants, and similar displays are permitted subject to the following:
1.
Streamers, banners, pennants, and similar displays may be exhibited in connection with grand openings and other special events upon written approval of the Community Development Director. Requests for such displays shall be submitted to the Community Development Director, in writing, thirty (30) days prior to the event. All approvals shall be limited to no longer than sixty (60) consecutive days at any one (1) time with a minimum of thirty (30) days in between the next display period for a total of one hundred twenty (120) days of display per calendar year per business. An additional thirty (30) days of display is permitted; provided, that a new banner permit is issued and a fee is paid.
2.
Any streamer, banner, pennant, or similar displays shall be suspended so as to maintain at least seven (7) foot clearance.
3.
No streamer, banner, pennant, or similar displays shall be exhibited if, in the opinion of the Director, such displays are not adequately maintained.
4.
Christmas decorations displayed between thirty (30) days prior to and fifteen (15) days after December 25th, and during official public events, are not subject to this subsection.
5.
Streamers, banners, pennants and similar displays may be attached directly upon the structure of a lawfully erected fireworks stand (see CMC § 3101.0 through § 3101.10) without necessity of a banner permit.
D.
Real Estate Advertising. Real estate advertising signs are permitted, subject to the following:
1.
One (1) unlighted sign structure is permitted per lot; except, on parcels larger than five (5) acres, one (1) such sign structure is permitted for each street frontage of the parcel.
2.
A sign structure may have any number of sign faces but the total sign area shall not exceed one hundred (100) square feet per sign structure.
3.
All portions of a sign structure shall be not less than ten (10) feet from the inside line of the sidewalk, or if there is no sidewalk from the lot line, except, if the building setback is less than ten (10) feet, the sign structure shall be not less than one-half (1/2) the setback from the inside line of the sidewalk or lot line.
4.
A freestanding real estate advertising sign shall not exceed thirty (30) feet in height.
5.
A sign may be affixed to a building but shall not project above the height of the building wall or roof fascia.
6.
Advertising copy shall pertain only to the premises upon which the sign is located.
7.
Any such signs shall be removed within two (2) weeks after the execution of a sales agreement, escrow instructions or lease agreement.
8.
Off-site open house signs for residential properties may be placed on commercial properties with the permission of the commercial property's owner, and consistent with the provisions of Section 9126.7(A)(8).
9.
Violations.
a.
Violations of this subsection (D) shall be subject to the following civil fines within a calendar year: (a) $50.00 for the first violation; (b) $75.00 for the second violation; and (c) $100.00 for the third and any subsequent violation.
b.
Fines shall be payable within thirty (30) days of issuance. Late payment shall incur a late penalty equal to the amount of the fine. The failure of any person, within sixty (60) days of the date of issuance of a fine, to pay the fine and any applicable late penalty, may result in the matter being referred to the Director of Finance to file a claim with the small claims court. Alternatively, the City may pursue any other legal remedy to collect the civil fines. The City may also recover its collections costs according to proof.
c.
Violations shall be recorded by realtor office address, rather than by individual property for sale; provided, that if the property is being sold by its owner, the violations shall be recorded against the property that is for sale.
d.
The remedies provided in this Section are in addition to any other remedies and penalties that may be available under the Carson Municipal Code and the laws of the State of California.
E.
Except as provided for violations of subsection (D) of this Section, any person, firm or corporation violating any provision of this Section shall be guilty of an infraction and shall be punishable as provided in Chapter 2 of Article I.
(Ord. 20-2005 § 4; Ord. 17-1625 § 2; Ord. 16-1602 § 8; Ord. 16-1590, Exh. B (§ 11); Ord. 15-1563 §§ 7, 8; Ord. 12-1500 § 2; Ord. 11-1475 §§ 3, 4; Ord. 10-1455 § 3; Ord. 09-1434 § 3; Ord. 03-1272 § 2; Ord. 01-1237 § 3; Ord. 01-1225 § 5; Ord. 90-915 § 4; Ord. 89-873 § 3; Ord. 88-856 § 2; Ord. 80-532 § 5; Ord. 80-531 § 1; Ord. 80-513 § 2; Ord. 79-473; Ord. 79-479 § 8)
[1]
See CMC § 9526 for different sign regulations applicable to petroleum operations.
§ 9146.8 Other Site Development Standards - Utilities.
All new utility lines, other than major transmission lines, shall be placed underground. This requirement may be waived by the Commission where topography, soil, undue financial hardship or other conditions make such underground installation unreasonable or impractical. Undergrounding shall be in accordance with the applicable rules and regulations of the utility, as currently on file with the California Public Utilities Commission.
All aboveground equipment (other than pole lines when permitted), such as transformers and pedestal terminals, which are visible from an adjacent public street or walkway, shall be within a solid enclosure or otherwise screened from public view. Such enclosure/screening shall be in accordance with the utility's service requirement.
§ 9146.9 Other Site Development Standards - Site Planning and Design.
In the case of a commercial or industrial use located on a corner lot, no public pedestrian entrance from a side street shall be located less than one hundred (100) feet from any residential zone.
Roof-mounted structures and equipment shall not extend more than ten (10) feet above the roof, measured from the point of attachment. If such roof projections are not incorporated in the building design as architectural features, they shall be screened from view from any adjoining public street or walkway.
Mechanical equipment not enclosed within a building shall be screened from view from any adjoining public street or walkway.
Within one hundred (100) feet of a residential zone, there shall be no opening in the wall of a nonresidential building where such wall faces a residential zone.
Within any D (Design Overlay) designated area, all development subsequent to the date of such designation shall be in conformance with development plans which have been approved pursuant to the Site Plan and Design Review procedure as provided in CMC § 9172.23. No permit shall be issued for grading or construction involving significant exterior changes, as determined by the Director, which is not in conformance with such approved development plans.
§ 9147.1 Exterior Lighting.
All lighting of buildings, landscaping, parking lots and similar facilities shall be directed away from all adjoining and nearby residential property. Such lighting shall be arranged and controlled so as not to create a nuisance or hazard to traffic or to the living environment. This Section is also applicable to arc lights, search lights and similar lighting devices.
Any person, firm or corporation violating any provision of this Section shall be guilty of an infraction and shall be punishable as provided in Chapter 2 of Article I of this Code.
(Ord. 79-479 § 8)
§ 9147.2 Performance Standards.
No use shall create a disturbance to the surrounding area in the form of vibration, noise, electromagnetic or other radiations, odor, dust, heat or glare. All uses shall comply with Federal, State and local laws and regulations pertaining to such environmental effects.
§ 9147.3 Hours of Operation.
Within one hundred (100) feet of a residential zone, except where the residential zone is governed by a Specific Plan, all nonresidential activities shall be confined to the hours between 7:00 a.m. and 9:00 p.m. daily.
(Ord. 95-1064 § 1; Ord. 79-479 § 8)
§ 9148.1 Vehicle Dismantling Yards, Junk and Salvage Yards, Vehicle Impounding Yards.
No vehicle dismantling yard, or junk and salvage yard, or vehicle impounding yard shall be established, maintained or extended in any zone unless it complies with the following requirements:
A.
All operations and storage, including all equipment used in conducting such business, other than parking, shall be conducted within an enclosed building, or within an area enclosed by a solid fence. When two (2) or more vehicle dismantling yards, junk and salvage yards, and/or vehicle impounding yards have a common boundary line, a solid wall or solid fence shall not be required on such common boundary line; provided, however, that a solid wall or solid fence shall enclose the entire combined area devoted to such uses.
B.
Where such fences or walls are provided, other than a decorative wall required pursuant to CMC § 9162.52, they shall be developed as provided herein:
1.
The fences and walls shall be of a uniform height in relation to the ground upon which they stand and shall be a minimum of eight (8) feet and shall not exceed fifteen (15) feet in height. Except in the yard areas where off-street parking is required or provided, said fences or walls shall be set back five (5) feet from the lot line along all frontages abutting a public street or walkway, or abutting a more restrictive zone. This five (5) foot setback area shall be landscaped in a neat, attractive manner and shall be equipped with an irrigation system, permanently and completely installed, which delivers water directly to all landscaped areas. Where off-street parking is required or provided, said wall or fence shall be constructed at the rear of the parking area.
Tall-growing trees shall be planted and maintained along side and rear fences or walls which abut an elevated freeway or residential area, in accordance with a planting plan approved by the Director.
2.
All fences and walls open to view from any public street or walkway or any area in other than an industrial zone shall be constructed of solid masonry, except required fences may be constructed of other material comparable to the foregoing if approved by the Director and in accordance with standards established by resolution of the Council after recommendation by the Commission.
3.
The fences and walls shall be constructed in workmanlike manner, shall be uniform in appearance and shall consist solely of new materials unless the Director approves the substitution of used materials, where, in his opinion, such used materials will provide the equivalent in service, appearance and useful life.
4.
All gates in the fences or walls shall be of solid metal material and shall be no less than eight (8) feet in height and shall not exceed fifteen (15) feet in height. Such gates shall be kept closed when not in use and shall provide a pedestrian access opening unless other pedestrian access is provided.
C.
The entire site shall be paved with an asphalt or concrete surfacing or an oil and aggregate mixture to prevent emulsion of dust or tracking of mud onto public rights-of-way. The site shall be graded to drain to the public street or other drainage provision satisfactory to the Director of Public Works. The Community Development Director shall enforce these dust control standards and may:
1.
Approve other paving materials which provide, in his opinion, the equivalent in service and useful life.
2.
Modify such requirements with respect to existing establishments in those areas where mate-rial is stored and he finds no dust or mud problems would result.
D.
The following minimum required off-street parking spaces, and adequate access thereto, shall be maintained on the site:
1.
One (1) off-street parking space (nine (9) feet by twenty (20) feet) for each seven thousand (7,000) square feet of site area or fraction thereof for the first two (2) acres, and two (2) off-street parking spaces for each acre thereafter, to be located outside the walls or fences required by subsection B of this Section and to be in compliance with CMC § 9162.41 through § 9162.7.
2.
One (1) off-street loading area (fourteen (14) feet by forty (40) feet) for each acre of site area or fraction thereof, to be located within the walls or fences required by subsection B of this Section.
3.
Regardless of the size of the site, a minimum of five (5) parking spaces plus one (1) loading area shall be provided.
The parking spaces required herein shall not be used for the parking of vehicles used directly in the conduct of such use or of renovated, repaired or reassembled vehicles which are owned, operated or in possession of the proprietor of the vehicle dismantling yard or junk and salvage yard. |
All off-street parking shall be improved and paved with a surface of three (3) inch asphaltic concrete with concrete wheel stops installed. The interior landscaping, five (5) foot landscaped strip, permanent irrigation system, and decorative wall shall all comply with CMC § 9162.52. |
E.
No wrecked or dismantled vehicles, salvage or junk shall be placed or allowed to remain outside the enclosed yard area.
F.
No wrecked or dismantled vehicles, salvage or junk shall be stored at a height greater than that of the surrounding fence or wall.
G.
The frontage along all dedicated public streets shall be improved with curbs, gutters and sidewalks.
H.
The standards of development as set forth in this Section shall not relieve the proprietors of such establishments from complying with all applicable regulations, laws, and ordinances of the City of Carson, County of Los Angeles and the State of California.
I.
The crushing, smashing, baling or reduction of metal where permitted by the provisions of this Chapter shall be subject to all of the conditions and required improvements set forth in this Section, and in addition, the maximum noise generated by such operation measured from any point on any adjacent property in a more restrictive zone, or along any street, shall be seventy (70) decibels as measured on the A-scale.
J.
All vehicle dismantling yards, junk and salvage yards and vehicle impounding yards shall comply with the requirements set forth in this Section on or before April 1, 1970.
(Ord. 78-429; Ord. 80-532 § 6)
§ 9148.2 Reserved.
Repealed by Ord. 16-1590.
(Ord. 95-1079, Exh. A)
§ 9148.3 Reserved.
Reserved.
(Ord. 16-1602 § 9; Ord. 79-479 § 8)
§ 9148.4 Large Collection Recycling Facility.
No large collection recycling facility shall be established, maintained or enlarged in any zone unless it complies with the following requirements:
A.
Shall not be located within one hundred fifty (150) feet, as measured from lot line to lot line, of any residentially zoned property or institutional use (as specified in CMC § 9162.21(b));
B.
Shall be constructed with durable waterproof and rustproof material if not located within an enclosed building;
C.
Shall conduct all collection operations within an enclosed building or within an area enclosed by a decorative reinforced concrete wall. Cargo containers, as defined in CMC § 9191.067(A), shall not be used for storage;
D.
Shall not occupy any portion of a front setback or any setback which abuts an existing or future public right-of-way;
E.
Shall be designated on a site plan to be submitted and approved in accordance with CMC § 9172.23;
F.
Shall be landscaped to the satisfaction of the Community Development Director;
G.
Shall be maintained at all times in a clean, litter-free condition and shall be cleared of loose debris on a daily basis;
H.
Shall accept only recyclable materials as defined in CMC § 9191.508. If such facility has public access, the collection containers shall be clearly marked to identify the material that may be deposited;
I.
Shall not operate with exterior noise levels in excess of 60 dBA as measured at the property line of adjacent noise sensitive land uses such as residential, schools, libraries, community care facilities, hospitals, churches, unsoundproofed offices, hotels, motels and outdoor recreation areas; for all other adjacent uses, exterior noise levels shall not exceed 70 dBA. A noise study extrapolating the exterior noise levels to be generated by the proposed use shall be submitted to and approved by the Community Development Director. Noise contours overlaid on a land use map showing the surrounding property shall accompany such a study;
J.
Shall limit the hours of operation from 7:00 a.m. to 7:00 p.m. if the facility is located within five hundred (500) feet of property zoned for a residential use;
K.
Shall obtain the approval of the Community Development Director for all power-driven processing, including aluminum foil and can compacting, baling, plastic shredding, or other light processing activities necessary for the efficient temporary storage and shipment of material, and shall comply with all conditions to mitigate noise and other adverse impacts;
L.
Shall comply with sign requirements applicable to the zoning district. The facility shall be clearly marked with the name and telephone number of the facility operator and the hours of operation. Directional signs, bearing no advertising message, may be installed with the approval of the Community Development Director.
(Ord. 87-819 § 6)
§ 9148.5 Processing Facility for Recyclables.
No processing facility for recyclables shall be established, maintained, or enlarged in any zone unless it complies with the following requirements:
A.
Shall not be located within one hundred fifty (150) feet, as measured from lot line to lot line, of any residentially zoned property or institutional use (as specified in CMC § 9162.21(B));
B.
Shall conduct all operations, except for incidental storage, within an enclosed building or within an area enclosed by a decorative reinforced concrete wall, with mounded landscaping between the wall and the property line;
C.
Shall comply with Section 25250.11 of the California Health and Safety Code if used motor oil is accepted for recycling;
D.
Shall be maintained at all times in a clean, litter-free condition and shall be cleared of loose debris on a daily basis;
E.
Shall accept only recyclable materials as defined in CMC § 9191.508. If such facility has public access, the collection containers shall be clearly marked to identify the material that may be deposited;
F.
Shall not operate with exterior noise levels in excess of 60 dBA as measured at the property line of adjacent noise sensitive land uses such as residential, schools, libraries, community care facilities, hospitals, churches, unsoundproofed offices, hotels, motels and outdoor recreation areas; for all other adjacent uses, exterior noise levels shall not exceed 70 dBA. A noise study extrapolating the exterior noise levels to be generated by the proposed use shall be submitted to and approved by the Community Development Director. Noise contours overlaid on a land use map showing the surrounding property shall accompany such a study;
G.
Shall limit the hours of operation from 7:00 a.m. to 7:00 p.m. if the facility is located within five hundred (500) feet of property occupied by noise-sensitive land uses as identified in this Section. The facility will be operated by on-site personnel during the hours the facility is open;
H.
Shall not permit dust, fumes, smoke, vibration or odors above ambient levels to impact on neighboring properties;
I.
Shall meet all noise level requirements of this Section for any power-driven processing. Light processing facilities for recyclables shall be limited to the baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separate recyclable materials and the repair of reusable materials;
J.
Shall ensure that all collection facilities not within an enclosed building are constructed with durable waterproof and rustproof material;
K.
Shall, if a light processing facility for recyclables, be no larger than forty-five thousand (45,000) square feet and have no more than an average of two (2) outbound truck shipments of material per day. A light processing facility for recyclables shall not shred, compact or bale ferrous metals, other than food and beverage containers.
(Ord. 87-819 § 7)
§ 9148.6 Cargo Container Storage Facilities.
A.
Development Policy. The objectives of these regulations pertaining to cargo container storage facilities are as follows:
1.
To provide for the safe and orderly storage of cargo containers in a manner that minimizes the noise, dust, traffic, blight and other adverse environmental impacts of such a use upon the surrounding area.
2.
To ensure that the cargo container storage operation is conducted in a safe manner based upon such factors as the permitted height of such containers, the cargo within the containers, and methods of securing the containers so as to prevent shifting and toppling.
3.
To ensure adequate screening of cargo containers from the public right-of-way.
4.
To ensure that the site is sufficient in size to accommodate the safe storage of containers in accordance with this Section.
B.
Site Development.
1.
Setbacks.
a.
All setbacks abutting a public right-of-way shall be a minimum of twenty-five (25) feet in depth.
b.
All setbacks not abutting a public right-of-way shall be a minimum of fifteen (15) feet in depth.
c.
No encroachments are permitted in any setback except that any existing legal, nonconforming encroachment may be permitted to remain, subject to the provisions of CMC § 9172.23.
2.
Landscaping and Irrigation.
a.
Landscaping and irrigation plans shall be prepared and signed by a licensed landscape architect and approved by the Community Development Director prior to occupancy.
b.
All landscaped areas shall be well maintained at all times and permanently irrigated with an electronic timer preset for early morning hours.
c.
All required yards adjacent to, or visible from, a public right-of-way shall be landscaped utilizing any combination of the following:
(1)
Drought resistant plants common to this region, including lawn grasses, flowers, ground covers, vines, shrubs in five (5) to fifteen (15) gallon sizes, and specimen trees;
(2)
Decorative materials such as rock, bark, gravel, boulders, wood, brick, block, tile, stucco, ornamental iron, and chain link; or
(3)
Artistic features, such as berms, earth mounds, planter beds, fencing, monuments, artwork, sculptures, and fountains.
3.
Configuration of Cargo Containers.
a.
Cargo containers shall not be stored within five (5) feet of any required screening wall nor within twenty (20) feet of any structure or building.
b.
All cargo containers shall be arranged in parallel rows.
c.
Except as to cargo containers stored within one thousand (1,000) feet of residentially zoned property or institutional uses, as to which the interim provisions relating to "Cargo Container Storage" contained in CMC § 9182.22(A) are applicable during the "Allowable Life" provided for therein, cargo container storage shall comply with the following standards:
(1)
The first row which is parallel or adjacent to any property line, or any required setback therefrom, may be stacked to a maximum of three (3) high.
(2)
The second row which is parallel or in proximity to any property line, or any required setback therefrom, may be stacked to a maximum of three (3) high.
(3)
The third and any subsequent row which is parallel or in proximity to any property line, or any required setback therefrom, may be stacked to a maximum of four (4) high; and
(4)
The maximum stacking height on any site is four (4) containers.
d.
Cargo container configuration site plan shall be submitted to the Community Development Department for review and approval prior to the commencement of operations. The site plan, as approved by the Director, shall be adhered to at all times.
4.
General Requirements.
a.
Vehicular parking, loading, and maneuvering areas shall be constructed and maintained in accordance with the provisions of CMC § 9162.05.
b.
Areas utilized for the storage of cargo containers shall be surfaced with materials approved by the Community Development Department which adequately prevent dust from becoming airborne and prevent the tracking of mud onto public rights-of-way. The site shall be graded to drain onto the street or shall otherwise be drained in a manner approved by the Director of Public Works.
c.
The site shall, to the extent reasonably feasible, be located so as to provide for direct vehicular ingress from and egress to a designated route, as specified in CMC § 3261, and to minimize or preclude ingress from and egress to restricted streets, as defined in CMC § 3260. These requirements shall not apply to any site where cargo containers are received and transported by rail only.
d.
All cargo container storage shall be screened from public rights-of-way. The screening shall be designed and scaled so that its mass and height is compatible with other existing or proposed improvements in the area, and the cargo containers are adequately concealed.
e.
Nothing contained herein shall be deemed to authorize or permit the storage of cargo containers containing hazardous materials, substances or wastes which are capable of posing an unreasonable risk to health, safety or property, including, but not limited to, any radioactive material, poison, flammable gas, nonflammable gas, flammable liquid, oxidizer, flammable solid, corrosive material (liquid or solid), irritating materials, combustible liquids, explosives, blasting agents, etiologic agents, organic peroxides, hazardous wastes, and regulated materials of classes A, B, C, D and E, the definitions of which may from time to time be designated by the United States Department of Transportation under Title 49 (commencing with Section 1801) of the United States Code and Title 49 (commencing with Section 107) of the Code of Federal Regulations, and adopted by the Commissioner of the California Highway Patrol pursuant to Section 2402.7 of the Vehicle Code.
f.
All habitable structures shall be placed on a permanent foundation, and a building permit shall be obtained.
5.
Additional Requirements.
a.
Cargo container storage facilities located within a redevelopment project area shall be subject to site plan and design review pursuant to CMC § 9172.23.
b.
In reviewing any application for a business license for compliance with this Code, or in reviewing and approving any site plan, the Community Development Director may impose such additional requirements as may be required to achieve the objectives in subsection (B)(5)(a) of this Section.
(Ord. 93-1026 § 1; Ord. 88-842 § 1)
§ 9148.7 Sidewalk, Parking Lot and Tent Sales.
In connection with temporary sidewalk, parking lot, and tent sales, the following requirements shall be met:
A.
Only nonprofit organizations and merchants with a permanent location may conduct such sales.
B.
The applicant shall obtain written approval to conduct such sales from the property owner.
C.
The event shall be conducted outside an enclosed building and shall not encroach upon public rights-of-way.
D.
The applicant shall submit adequate plot plans depicting pedestrian and vehicular circulation, parking and fire lanes acceptable to the Planning Division.
E.
In the case of a "Tent Sale," County Fire Department approval must accompany the application.
F.
Such sales shall be subject to prior approval of the Director.
(Ord. 89-888 § 2; Ord. 88-857 § 5)
§ 9148.8 Truck-Related Uses Located Less than One Hundred (100) Feet from a Residential Zone.
A.
If any portion of property utilized for any truck-related use described in this subsection (A)(1) or (A)(2), is less than one hundred (100) feet from the lot line of any residentially zoned property, a conditional use permit shall be required.
(1)
Truck parking, maneuvering, loading and off-loading operations, stacking or servicing.
(2)
Placement or stacking of trailers or any other similar container for cargo, merchandise, products, materials, etc.
B.
Approval of a conditional use permit required by this Section shall include development standards designed to mitigate existing and potential noise, dust, fumes, traffic and other adverse environmental impacts affecting neighboring residential areas. Examples of these development standards may include, but are not limited to, walls, fences, buffer zones, landscaping and other mitigating measures.
C.
Notwithstanding subsections A and B of this Section, if, upon review by the Director, it is determined that a warehouse or manufacturing facility has less than three (3) loading zones, ramps, doors or docks; or has a minimum fifty (50) foot separation between truck-related uses and the residential property line; or that no mitigation measures can be imposed that will alleviate existing or potential problems caused by truck-related uses defined in this Section that affect residentially zoned properties, then the Director may waive the requirement for conditional use permit. Any property that has been constructed pursuant to an approved owner's participation agreement with the City's Redevelopment Agency or has an approved site plan and design review in accordance with CMC § 9172.23, and whose present use is consistent with such owner's participation agreement or site plan and design review, is not subject to the requirements of this Section.
(Ord. 92-982 § 2)
§ 9148.9 Truck Terminal and Truck Yard Facilities.
A.
Development Policy. The objectives of these regulations pertaining to truck terminal and truck yard facilities are as follows:
1.
To be used in connection with conditional use permit and site plan approval.
2.
To provide for the safe and orderly use of land for parking, servicing, repairing or storage of trucks in active use in a manner that minimizes adverse environmental impacts of such a use upon the surrounding area.
3.
To ensure that truck terminal and truck yard uses include development standards designed to mitigate existing and potential noise, dust, fumes, traffic and other adverse environmental impacts affecting neighboring residential and commercial areas. Examples of these development standards may include, but are not limited to, walls, fences, buffer zones, landscaping and other mitigating measures.
4.
To ensure that the truck terminal and truck yard operations are conducted in a safe manner based upon such factors as the adequate paving, striping of truck parking stalls, lighting, storage within the yard and cargo within the trucks.
5.
To ensure adequate screening of truck terminal and truck yard facilities from the public right-of-way.
6.
To ensure that the site is sufficient in size to accommodate truck terminal and truck yard uses in accordance with this Section.
B.
Site Development.
1.
Setbacks.
a.
All setbacks abutting a public right-of-way shall be a minimum of twenty-five (25) feet in depth.
b.
No encroachments are permitted in any setback except that any existing legal, nonconforming encroachment may be permitted to remain, subject to the provisions of CMC § 9172.23.
2.
Landscaping and Irrigation.
a.
Landscaping and irrigation plans shall be prepared and signed by a licensed landscape architect and approved by the Development Services Group Planning Division prior to occupancy.
b.
All landscaped areas shall be well maintained at all times and permanently irrigated with an electronic timer preset for early morning hours.
c.
All required yards adjacent to, or visible from, a public right-of-way shall be landscaped utilizing any combination of the following:
(1)
Drought resistant plants common to this region, including lawn grasses, flowers, ground covers, vines, shrubs in five (5) to fifteen (15) gallon sizes, and minimum twenty-four (24) inch box specimen trees, of sufficient bulk to provide screening;
(2)
Decorative materials such as rock, bark, gravel, boulders, wood, brick, block, tile, stucco, ornamental iron; or
(3)
Artistic features, such as berms, earth mounds, planter beds, fencing, monuments, artwork, sculptures, and fountains.
3.
Fencing.
a.
Fencing materials shall consist of decorative masonry walls, such as splitface, stucco block or slumpstone, and shall be approved by the Development Services Group Planning Division.
b.
Decorative wrought iron gates with opaque screening shall be installed at all access points visible from the public right-of-way.
c.
Fence height shall comply with CMC § 9146.3.
d.
Chainlink fencing and barbed or concertina wire shall be prohibited where visible from public right-of-way.
4.
Configuration of Truck Parking and Storage.
a.
Trucks and permitted storage shall not be stored within five (5) feet of any required screening wall.
b.
Truck parking and permitted storage shall be arranged in parallel rows and shall be stripped per CMC § 9162.66.
c.
A site plan in connection with a Conditional Use Permit application shall be submitted to the Development Services Group Planning Division.
5.
General Requirements.
a.
Vehicular parking, loading, and maneuvering areas shall be constructed and maintained in accordance with the provisions of CMC § 9162.05.
b.
Areas utilized for the parking of truck and permitted storage shall be surfaced with materials approved by the Development Services Group Planning Division which adequately prevent dust from becoming airborne and prevent the tracking of mud onto public rights-of-way. The site shall be graded to drain in accordance with the City's Standard Urban Storm Water Mitigation Plan (SUSMP) Ordinance and in a manner approved by the City Engineer.
c.
The site shall, to the extent reasonably feasible, be located so as to provide for direct vehicular ingress from and egress to a designated route, as specified in CMC § 3261 (Oversize Vehicles), and to minimize or preclude ingress from and egress to restricted streets, as defined in CMC § 3260 (Truck Routes).
d.
Nothing contained herein shall be deemed to authorize or permit the storage of hazardous materials, substances or wastes which are capable of posing an unreasonable risk to health, safety or property, including, but not limited to, any radioactive material, poison, flammable gas, nonflammable gas, flammable liquid, oxidizer, flammable solid, corrosive material (liquid or solid), irritating materials, combustible liquids, explosives, blasting agents, etiologic agents, organic peroxides, hazardous wastes, and regulated materials of classes A, B, C, D and E, the definitions of which may from time to time be designated by the United States Department of Transportation under Title 49 (commencing with Section 1801) of the United States Code and Title 49 (commencing with Section 107) of the Code of Federal Regulations, and adopted by the Commissioner of the California Highway Patrol pursuant to Section 2402.7 of the California Vehicle Code.
e.
All habitable structures shall be placed on a permanent foundation, and a building permit shall be obtained.
(Ord. 04-1308 § 5)
§ 9148.10 Emergency shelters.
A.
A single emergency shelter for thirty (30) occupants, or a combination of multiple shelters with a combined capacity not to exceed thirty (30) occupants, shall be allowed as a permitted use in the "ML" (Manufacturing Light) zone and "MH" (Manufacturing Heavy) zone; provided, that all of the requirements and development standards set forth below are satisfied. Any emergency shelter with a capacity greater than thirty (30) occupants shall also be subject to the approval of a conditional use permit.
B.
Location Requirements. Emergency shelters shall meet the following location requirements:
1.
Emergency shelters serving single adults or families shall be situated a minimum of three hundred (300) feet from another emergency shelter and one thousand (1,000) feet from a residential area, public park, public or private school (not including trade or technology school), universities, colleges, student housing, senior housing, child care facility, and business licensed for on- or off-site sales of alcoholic beverages to the public as measured from property line to property line.
2.
Emergency shelters shall be located within one-quarter (1/4) mile of a designated public transportation stop.
C.
Development Standards. Emergency shelters shall meet the following development standards:
1.
Hours of Operation. The facility shall operate on a first-come, first-serve basis with clients only permitted on site and admitted to the facility between 6:00 p.m. and 7:00 a.m. during Pacific Daylight Time, and 5:00 p.m. and 7:00 a.m. during Pacific Standard Time. Clients must vacate the facility by 8:00 a.m. and have no guaranteed bed for the next night. A curfew of 10:00 p.m. (or earlier) shall be established and strictly enforced and clients shall not be admitted after the curfew.
2.
Waiting Area. Adequate waiting areas must be provided within the premises for clients and prospective clients including ten (10) square feet per bed with a minimum one hundred (100) square feet to ensure that public sidewalks or private walkways are not used as queuing or waiting areas.
3.
Shelter Management Plan. A shelter management plan shall be submitted as a part of the permit application, which addresses all of the following:
a.
Service providers shall maintain sufficient monetary resources to enable them to operate the facility per the shelter management plan, and shall demonstrate to the City prior to approval of the permit application that such funds shall be available for use upon first occupancy of the proposed project and shall reasonably be expected to be available for the life of the project.
b.
A minimum of one (1) staff member per fifteen (15) beds shall be awake and on duty when the facility is open. Facility staff shall be trained in operating procedures, safety plans, and assisting clients. The facility shall not employ staff who have been convicted of a felony or who are required to register as a sex registrant under Penal Code Section 290.
c.
Service providers shall maintain up-to-date information and referral sheets to give clients and other persons who, for any reason, cannot be served by the establishment.
d.
Service providers shall provide criteria to screen clients for admittance eligibility, with the objective to provide first service to individuals with connections to Carson.
e.
Service providers will maintain information on individuals utilizing the facility and will ensure that the maximum stay at the facility shall not exceed one hundred twenty (120) days in a three hundred sixty-five (365) day period.
f.
Service providers shall continuously monitor waiting areas to inform prospective clients whether they can be served within a reasonable time. If they cannot be served by the provider because of time or resource constraints, the monitor shall inform the client of alternative programs and locations where he or she may seek similar service.
g.
Service providers will educate on-site staff to provide adequate knowledge and skills to assist clients in obtaining permanent shelter and income, including referrals to outside assistance agencies. An annual report on this activity will be provided to the City.
h.
Service providers shall provide for the timely removal of litter attributable to clients within the vicinity of the facility every twenty-four (24) hour period.
i.
Service providers will maintain good communication and have procedures in place to respond to operational issues which may arise from the neighborhood, City staff, or the general public.
j.
Service providers shall establish standards for responding to emergencies and incidents expelling clients from the facility. Readmittance policies for clients who have previously been expelled from the facility shall also be established.
k.
Alcohol and illegal drug use is prohibited on site. Service providers shall expel clients from the facility if found to be using alcohol or illegal drugs.
l.
The establishment shall implement other conditions and/or measures as determined by the City, in consultation with other City/County agencies, necessary to ensure that management and/or clients of the establishment maintain the quiet, safety and cleanliness of the premises and the vicinity of the use.
m.
Other requirements as deemed necessary by the City to ensure that the facility does not create an adverse impact to surrounding properties.
n.
On a monthly basis, provide an updated list of emergency shelter residents to the Sheriff's Department.
o.
All graffiti on the premises shall be removed by the business operator within twenty-four (24) hours.
p.
Installation of anti-loitering signs.
4.
Client Restrictions. The emergency shelter operator shall not intake any person as a client if that person is wanted by the police or has a record of committing violent offenses. The emergency shelter operator shall also conduct a background check on all prospective clients using Megan's Law database and restrict client intake in accordance with State and local registered sex offender residency restrictions.
5.
Maximum Number of Beds. No more than a total of forty-five (45) beds shall be provided on the entire property where the emergency shelter is located. Beds shall be provided for men and women in separate and secured areas.
6.
No Alcohol, Drugs or Weapons Allowed. At no time shall any client be allowed to keep on site any alcoholic beverages, drugs or weapons of any kind. The manager of the emergency shelter shall conduct routine inspections of each client's personal space to verify compliance and report to the Los Angeles County Sheriff's Office any client that is found in possession of illegal substances, drugs, and/or weapons of any kind.
7.
Personal Space. A minimum of thirty (30) square feet shall be allocated for each client bed.
8.
Restroom and Shower Facilities. Separate and secured restrooms and shower facilities shall be provided for men and women with at least two (2) toilets, one (1) shower and one (1) sink provided for every twenty (20) clients in accordance with Building Code requirements.
9.
Common Space. Interior and/or exterior common space for the on-site clients to congregate shall be provided on the property at a ratio of not less than fifteen (15) square feet per occupant or a minimum overall area of four hundred (400) square feet, whichever is greater. Any outdoor storage, including, but not limited to, items brought on site by clients for overnight stays, shall be screened from public view by a minimum six (6) foot tall decorative wall or fence. Shopping carts are not permitted on site.
10.
Food Service Areas. The emergency shelter operator shall be responsible for compliance with all applicable Los Angeles County Health Department regulations in providing food service to its clients.
11.
Parking. Off-street parking shall be provided at a ratio of one (1) on-site parking space for every eight (8) adult beds, plus one (1) additional space designated for the on-site manager. No client shall sleep or live within a motor vehicle on the property of an emergency shelter at any time.
12.
Bicycle Racks. Bicycle racks that allow for the secure storage of bicycles shall be provided. Bicycle racks shall accommodate at least one (1) bicycle storage space for every eight (8) adult beds. All bicycle racks are required to be located in an area that is not visible from the public right-of-way.
13.
Lighting. Each emergency shelter shall provide exterior lighting on pedestrian pathways and parking lot areas on the property for safety. Lighting shall be shielded and/or reflected away from all residential areas and public streets.
14.
Security. The emergency shelter shall be required to submit an on-site securing plan for review and approval by the Los Angeles County Sheriff's Office. The emergency shelter operator shall ensure that the approved security plan is implemented at the emergency shelter at all times.
15.
Health and Safety. Each emergency shelter shall comply with all applicable local and State health and safety codes such as the California Building Code, California Fire Code, California Health and Safety Code and applicable zoning standards for the development and use of the property on which the emergency shelter is located.
(Ord. 13-1525 § 7)
§ 9151.1 Uses Permitted.
Uses permitted in the Open Space Zone and are eligible for consideration as a Special Use (see CMC § 9151.5 through § 9151.7) as indicated in the following table:
USES PERMITTED IN THE OPEN SPACE ZONE OR ELIGIBLE FOR CONSIDERATION AS A SPECIAL USE | |
|---|---|
Legend | |
X. | Automatically permitted use. |
L. | Automatically permitted use provided special limitations and requirements are satisfied as noted herein. |
D. | Use permitted subject to the approval of the Director. |
C. | Use permitted upon approval of a Conditional Use Permit. |
CC. | Use permitted upon approval of the City Council as prescribed under other provisions of the Carson Municipal Code. |
S. | Eligible for consideration as a Special Use to be permitted under additional regulations adopted pursuant to CMC § 9151.6. |
ZONE | ||
|---|---|---|
OS | Special Use | |
General: | ||
Major public use. | S | |
Major private institution. | S | |
Education: | ||
University or college. | S | |
Recreation: | ||
Publicly owned outdoor recreation – parks, playgrounds, picnic grounds and recreational facilities, including incidental buildings (no motor-driven or jet-propelled model airplane area): | ||
With not more than 1,000 spectator seats. | X | S |
With more than 1,000 spectator seats. | C | S |
Publicly owned recreation buildings not incidental to outdoor recreation. | C | S |
Privately owned outdoor recreation – parks, playgrounds, picnic grounds and recreational facilities, including incidental buildings (no motor-driven or jet-propelled model airplane area). | C | S |
Archery range. | C | |
Campground (including transient recreational vehicles), hostel. | C | |
Trails – hiking, biking, equestrian. | X | |
Golf course and club. | C | S |
Golf pitch-and-putt course, driving range, miniature golf. | C | |
Riding academy, stable – public, private or commercial. | C | |
Outdoor festival or fairgrounds – permanent. | C | S |
Stadium or sports arena, horse racing (no motor vehicle racing). | C | S |
Zoo. | C | S |
Natural Resources: | ||
Archaeological dig, provided the Director determines there is a reasonable prospect that significant scientific, cultural or historical information will be obtained from the site. | D | D |
Ecological preserve for plant life and wildlife, conservation area, scenic area. | X | |
Borrow pit. | C | S |
Oil field or oil wells. (See CMC § 9502.) | ||
Agriculture: | ||
Cultivation of plants including nursery, orchard, vineyards, field crops, flowers (no mushroom farm, no retail sales). | X | |
Greenhouse, lathhouse | C | |
Cemetery: | ||
Cemetery, mausoleum, columbarium, crematory. | S | |
Transportation, Communications, Utilities: | ||
Blimp port. | C | S |
Heliport, helistop. | C | |
Right-of-way and line facilities for pipelines, power transmission line (no yard terminal, station or loading/unloading area). | X | |
Power plant, water or sewage treatment plant, or other major utility plant. | S | |
Electrical distribution substation, pumping station, water well, gas measurement or control station. | C | |
Water reservoir. | C | S |
Flood control channel, detention basin. | X | |
Communications Facilities: | ||
Minor communications facilities, subject to the requirement of CMC § 9138.16. | L | L |
Major communications facilities, subject to the requirement of CMC § 9138.16. | C | C |
Parking lot (no parking structure). | C | |
Access to other property lawfully used for purposes not permitted on subject property, provided the Director finds no available alternative access is preferable and the open space character of the area will not be adversely affected. | D | |
Temporary Uses: | ||
Contractor's office and/or storage of construction materials and equipment at a construction site during the period of construction and not to exceed 60 days thereafter. In the event construction is suspended for a period of 6 months, such use and material shall be terminated and removed. | L | L* |
Carnival, mechanical rides, pony rides, outdoor festival, and similar uses. (See CMC § 63119 and § 63119.1.) | CC | CC* |
Circus, rodeo. (See CMC § 63120; and Animal Control Ordinance, CMC § 3300 – 3301.) | CC | CC* |
Christmas tree sales, pumpkin sales. | CC | CC* |
Yard sales. (See CMC § 4600 – 4606.) | L | L |
Tent revival. | CC | CC |
*May be permitted temporarily on a site for which a permanent Special Use has been authorized. |
Any person, firm or corporation violating any provision of this Section shall be guilty of an infraction and shall be punishable as provided in Chapter 2 of Article I.
(Ord. 16-1590, Exh. B (§ 13); Ord. 10-1460 § 2; Ord. 82-602 § 3; Ord. 80-532 § 7; Ord. 78-446; Ord. 79-479 § 9)
§ 9151.12 Uses Permitted on Organic Refuse Landfill Sites.
A.
No use except as hereinafter provided, shall be permitted on property designated as ORL (Organic Refuse Landfill) without the approval of a conditional use permit by both the Commission and the Council. Such conditional use permit shall require, as a condition precedent to use of the property under the conditional use permit, approval by the Building and Safety Division and the Council of a report submitted by the applicant pursuant to the applicable provisions of the Building Code, prepared by a licensed civil engineer designated by the applicant and approved by the City, which shall provide and include plans for a protective system or systems designated to eliminate or mitigate the potential hazards and environmental risks associated with the proposed use. Approval of such report by the Building and Safety Division shall be in the discretion of the Building Official, who shall evaluate any risks and hazards associated with the site and proposed use and who may grant approval only if he finds that the report and plans adequately provide for protection against such associated risks and hazards. The Building Official's approval shall be submitted to the Council for final approval which will be in the discretion of the Council.
The following uses are exempt from the provisions of this Section:
1.
Uses which do not involve buildings or structures, including but not limited to outdoor storage, display and outdoor recreational facilities.
2.
Construction of structures which are unoccupiable, such as signs, flagpoles, walls, fences and towers, but not including storage tanks.
3.
Paving of no more than twenty (20) percent of the site.
4.
Repair or minor alterations to existing structures which do not increase floor area.
B.
An application for a conditional use permit required by subsection A of this Section shall be considered in accordance with CMC § 9172.21, except that the Commission's decision shall be referred to the Council for review as if an appeal had been filed pursuant to CMC § 9173.4.
C.
Every conditional use permit for a use located on property designated as ORL (Organic Refuse Landfill) shall be subject to the following conditions in addition to any other conditions that the Commission or the Council may impose:
1.
Approval by the Building Official of the report provided for in subsection A of this Section.
2.
The applicant shall comply with a development schedule approved by the Community Development Director.
3.
All measures to eliminate or mitigate the hazards and environmental risks associated with the site proposed in the report approved by the Building Official provided for in subsection A of this Section shall be subject to approval by the Council and shall be incorporated into the project. Such measures shall include monitoring, evaluation and control of methane gas produced by the site as the City shall determine to be necessary to protect the public health, safety or welfare with respect to the production or migration of methane gas.
4.
Monitoring and regular inspections and reports by a licensed civil engineer designated by the applicant and monitored, evaluated and approved by the Building Official shall be done and filed with the City from time to time as directed by the Building Official at the applicant's cost.
5.
The mitigation measures required by subsection (C)(3) shall be implemented to the satisfaction of the Building Official and City Council. In the event that the Building Official or Council finds that such measures when implemented are inadequate to protect the public health, safety, or welfare, the Building Official or Council may (1) require additional mitigation measures to be incorporated into the project, or (2) after notice to the applicant and an opportunity to be heard, declare the conditional use permit null and void if the Council finds that the public health, safety or welfare cannot be adequately protected to the satisfaction of the Council.
6.
Adequate measures shall be taken to eliminate odors from the site to the satisfaction of the Building Official.
7.
The applicant shall, at the applicant's own expense, carry public liability insurance during the existence of the conditional use permit, with a company and policy to be approved by the City Attorney, covering liability for injuries or death arising out of or in connection with the use of the site pursuant to said permit in an amount not less than $5,000,000. The City shall be named as an additional assured under such insurance policy.
D.
Whenever both subsection A and any other Section of this Chapter require a conditional use permit for a particular property, only one (1) conditional use permit shall be required, which shall be applied for, processed and considered pursuant to the provisions of subsection B of this Section. The application and conditional use permit, if approved, shall refer to both Sections which are applicable.
E.
Subsection A of this Section shall not apply to the following:
1.
Any lawfully established existing use.
2.
An expansion of an existing, lawfully established use on a lot on which such existing use was approved provided that the existence of an organic refuse landfill in such lot is shown by the record to have been considered by the granting body in connection with the approval of such existing use.
3.
Any proposed use for which a conditional use permit requiring approval of methane gas control measures by the Council either (1) has been granted, or (2) has been applied for and is being processed on the effective date of this Section; provided, that subsection A of this Section shall apply if such conditional use permit which has been granted expires, is declared to be null and void or is otherwise terminated or if such conditional use permit for which an application is being processed is thereafter denied.
(Ord. 78-449; Ord. 79-471; Ord. 81-560 § 1; Ord. 82-586 § 1; Ord. 16-1590, Exh. B (§ 14))
§ 9151.2 Interpretation of Uses Permitted.
Further definition and enumeration of uses permitted in the Open Space Zone or eligible for consideration as a Special Use shall be determined by means of Interpretation in accordance with CMC § 9172.24.
§ 9151.3 Prohibited Uses.
All uses are prohibited except as expressly permitted by the provisions of this Chapter.
§ 9151.5 Special Uses - Unique Characteristics.
A use of type identified in the Special Use column of CMC § 9151.1, and which is found to meet one (1) or more of the following criteria, may be permitted under special use regulations adopted pursuant to CMC § 9151.6:
A.
The use requires an exceptionally large land area.
B.
The use will have a major impact on the surrounding pattern of community development.
C.
Provision for the use in the zoning pattern could not reasonably have been anticipated.
D.
The use constitutes a major institution or mixed-use complex which does not logically or compatibly fit into the established zoning classifications.
E.
The use will be owned and/or operated by another governmental agency over which the City has only limited or no zoning authority.
F.
The use involves natural resources, recreational facilities or other uses permitted in the OS Zone, but under circumstances where the preservation of an open space character is not an objective.
§ 9151.6 Special Uses - Establishment of Regulations.
Upon finding that a proposed use is eligible for consideration as a Special Use, the Commission or Council may initiate proceedings, to be conducted in the same manner as for a Zone Change (as provided in CMC § 9172.13), to designate an additional zoning classification for such use, to establish regulations for that zoning classification, and to change the Zoning Map to show the area to which such classification applies.
§ 9151.7 Special Uses - Termination.
Upon determining that an authorized Special Use will not be developed, or has been or will be permanently discontinued or abandoned, the Commission, on or before such date of abandonment or on such date of determination, whichever is later, shall initiate proceedings to restudy the General Plan as it relates to the area and to change the Zoning Map to one (1) or more appropriate zones within one (1) year of the date of such initiation.
§ 9152.1 Caretaker's or Superintendent's Residence.
In the OS Zone, a residence for the family of a caretaker or superintendent may be approved by a Conditional Use Permit as an accessory use to any permitted principal use. Only one (1) such residence for each site shall be permitted.
§ 9152.2 Parking.
In the OS Zone, an accessory one-story garage or carport, or open parking area at or below ground level is permitted to serve permitted uses on the same site. An accessory parking structure of more than one (1) story above ground level may be approved by a Conditional Use Permit.
§ 9152.3 Agricultural Accessory Uses.
In connection with a permitted agricultural use in the OS Zone, the following accessory uses are permitted:
A.
Shelters for farm machinery and equipment used on the premises.
B.
Wholesale trade (but no retail sales) of the products raised on the premises. No advertising signs are permitted.
§ 9152.9 Other Accessory Uses.
Other accessory uses, facilities or activities similar to those permitted by CMC § 9152.1 through § 9152.8 or found to be customary or necessary in connection with a permitted use may be permitted if so interpreted in accordance with CMC § 9172.24.
§ 9153.1 Conditional Use Criteria.
In addition to the general criteria for the approval of a Conditional Use Permit pursuant to CMC § 9172.21(D)(1), the following shall be considered in acting upon a Conditional Use Permit in the OS Zone:
The use shall not detract from the intended open space character of the area.
§ 9155.2 Minimum Lot Area and Width.
In the OS Zone, any existing lawfully established lot (including a leased area of land during the term of the lease) is deemed to have the required lot area and lot width. No such lot shall be further reduced in area or width except:
A.
An acquisition of a portion of a lot may be made for public purposes; or
B.
When determined, in connection with the approval of a parcel map or tract map, that the division of land will not detract from the open space character of the area; or
C.
When a division of land is approved in connection with a Conditional Use permit; or
D.
When all of the lot within the OS Zone is dedicated for open space use.
§ 9155.3 Street Frontage and Access.
In the OS Zone, no lot shall be created, and no new or additional use shall be developed on an existing lawfully established lot (including a leased area of land during the term of the lease) unless there is vehicular access from a public street or alley, and such access has a width of at least twenty (20) feet. The required vehicular access shall be either directly from a public street or alley or by means of a right-of-way or easement.
(Ord. 79-460 § 4)
§ 9156.11 Buildings and Structures - Buildings and Structures Permitted.
In the OS Zone, all buildings and structures shall be incidental or subordinate to a primarily outdoor activity or open space use unless otherwise approved by a Conditional Use Permit.
§ 9156.12 Buildings and Structures - Height of Buildings and Structures.
In the OS Zone, there is no restriction on the height of buildings and structures except as may be required by a Conditional Use Permit.
§ 9156.21 Buildings and Structures - Ground Coverage.
In the OS Zone, the ground area included within the exterior walls and/or supporting columns of all roofed structures shall not exceed five (5) percent of the net lot area unless otherwise approved by a Conditional Use Permit or with the approval of a use by the Director or the Council as authorized under CMC § 9151.1.
§ 9156.22 Buildings and Structures - Future Rights-of-Way.
This Section is applicable only where portions of a lot are within areas planned to be part of future streets, alleys or public rights-of-way, as determined by the Director.
In cases to which this Section is applicable, unless otherwise approved by the Commission, the portion of any lot within such future right-of-way areas shall not be occupied by structures other than those encroachments allowed in future right-of-way areas pursuant to CMC § 9156.29. All other required setbacks, yards and open spaces shall be provided in addition to the future right-of-way areas, and the future right-of-way lines shall be considered to be lot lines for purposes of measuring such other setbacks, yards and open spaces.
§ 9156.23 Buildings and Structures - Front Yard and Side Yard Abutting a Street.
In the OS Zone, each lot shall have a yard with a depth of twenty-five (25) feet from each abutting street unless otherwise approved by the Director for the purpose of maintaining a larger contiguous open space on the interior portion of the lot.
§ 9156.24 Buildings and Structures - Yard Abutting Property in Another Zone.
In the OS Zone, where the side or rear of a lot abuts property in another zone, there shall be a yard on the subject property which conforms to the interior side and rear yard requirements, respectively, of such abutting zone.
§ 9156.29 Buildings and Structures - Encroachments.
Every part of a required yard or open space shall be open and unobstructed from finished grade to the sky except for those encroachments permitted pursuant to CMC § 9156.5.
§ 9156.5 Other Site Development Standards - Other Site Development Standards (Parking, Trash and Recycling Areas, Walls, Etc.)
If not otherwise specified pursuant to this Division or in connection with a Conditional Use Permit, a use shall be required to meet the site development standards applicable to the use (or most similar use) within the most restrictive zone which permits such use, either automatically (X) or with limitations (L). (Interpretation of this provision is to be in accordance with CMC § 9172.24.)
(Ord. 93-1013 § 4)
§ 9156.7 Other Site Development Standards - Signs.
In the OS Zone, no sign face shall have an area greater than fifty (50) square feet and the total sign area on a lot shall not be greater than two hundred (200) square feet, except as otherwise approved in connection with a Conditional Use Permit or in connection with an approval of a use by the Council as authorized in CMC § 9151.1.
§ 9156.8 Other Site Development Standards - Utilities.
All new utility lines, other than major transmission lines, shall be placed underground. This requirement may be waived by the Commission where topography, soil, undue financial hardship or other conditions make such underground installation unreasonable or impractical. Undergrounding shall be in accordance with the applicable rules and regulations of the utility, as currently on file with the California Public Utilities Commission.
All aboveground equipment (other than pole lines when permitted), such as transformers and pedestal terminals, which are visible from an adjacent public street or walkway, shall be within a solid enclosure or otherwise screened from public view. Such enclosure/screening shall be in accordance with the utility's service requirement. (Amended by Int. 3-79)
§ 9156.9 Other Site Development Standards - Site Planning and Design.
Within any D (Design Overlay) designated area all development subsequent to the date of such designation shall be in conformance with development plans which have been approved pursuant to the Site Plan and Design Review procedure as provided in CMC § 9172.23. No permit shall be issued for grading or construction involving significant exterior changes, as determined by the Director, which is not in conformance with such approved development plans.
§ 9157.1 Exterior Lighting.
All lighting of buildings, landscaping, parking lots, recreation areas and similar facilities shall be directed away from all adjoining and nearby residential property. Such lighting shall be arranged and controlled so as not to create a nuisance or hazard to traffic or to the living environment. This Section is also applicable to arc lights, searchlights and similar devices.
§ 9159.1 SU-CEM Zone (Cemetery).
A.
Applicability. The provisions of this Section shall be applicable in the SU-CEM Zone.
B.
Uses Permitted.
1.
Principal Use. The following principal use shall be permitted:
a.
Cemetery.
2.
Accessory Uses Subject to Conditional Use Permit. The following accessory uses shall be permitted, provided a Conditional Use Permit therefor is approved:
a.
Columbarium.
b.
Crematory.
Existing facilities of the type listed in the above paragraph shall be subject to the provisions of CMC § 9183.3.
In addition to the general criteria for the approval of a Conditional Use Permit pursuant to CMC § 9172.21(D)(1), the following shall be considered in acting upon a Conditional Use Permit in the SU-CEM Zone:
a.
The use shall be unobtrusive from adjacent residential and school areas.
b.
The open space character of the overall development shall be maintained.
c.
Adequate provision shall be made for continued maintenance.
d.
Additional traffic hazard shall not be created.
e.
There shall be no adverse environmental effects upon surrounding property
3.
Permitted Accessory Uses. The following accessory uses shall be permitted:
a.
Caretaker's residence – one (1) residential unit only.
b.
Offices.
c.
Maintenance buildings and outdoor storage areas.
d.
Off-street parking (the provisions of CMC § 9152.2 shall apply).
e.
Mausoleum.
f.
Other accessory uses, facilities or activities found to be customary or necessary in connection with the maintenance, upkeep or visitation of the permitted use, if so interpreted in accordance with CMC § 9172.24, but not including a mortuary, chapel or auditorium.
C.
Site Requirement. The entire existing site shall not be reduced in size except by street dedication and shall be maintained under a single management.
D.
Site Development Standards.
1.
Height of Buildings and Structures. Main buildings and accessory buildings permitted under subsection (B)(2) of this Section shall not exceed a height of thirty (30) feet unless otherwise approved under a Conditional Use Permit.
2.
Ground Coverage. The ground area included within the exterior walls and/or supporting columns of all roofed structures shall not exceed five (5) percent of the net lot area unless otherwise approved under a Conditional Use Permit.
3.
Front Yard. There shall be a front yard with a depth of at least twenty (20) feet.
4.
Side and Rear Yards. There shall be a side yard on each side of the site at least ten (10) feet in width, and a rear yard at least ten (10) feet in depth.
5.
Yard Encroachments. Encroachments in required yards shall be subject to the provisions of CMC § 9126.29 insofar as applicable and consistent with other provisions of this Section.
6.
Screening. Outdoor storage areas, trash areas and mechanical equipment shall be enclosed within a solid fence or wall at least six (6) feet in height but not more than eight (8) feet in height.
7.
Perimeter Walls. The site shall be enclosed along the side and rear lot lines with a solid wall or fence at least six (6) feet in height but not more than eight (8) feet in height. This provision shall not apply within the required front yard area nor along any lot line adjacent to the OS Zone.
8.
Street Dedication and Improvement. The provisions of Division 1 of Part 6 of this Chapter shall apply.
9.
Parking. The provisions of Division 2 of Part 6 of this Chapter shall apply, but only in relation to any new, additional or intensified use or development.
10.
Access. Any change in the means or arrangement of access from a public street within the City of Carson shall be subject to the approval of the Director of Public Works.
11.
Signs. Signs shall be limited to identification, directional and informational messages pertaining to the permitted use of the site. No sign face shall have an area greater than fifty (50) square feet and the total sign face area on the site shall not exceed two hundred (200) square feet.
12.
Utilities. All utility lines on the site shall be placed underground. All aboveground utility equipment shall be within a solid enclosure or otherwise screened from public view. Such enclosure/screening shall be in accordance with the utility's service requirement.
13.
Site Planning and Design. All new or additional development shall be in conformance with development plans which have been approved pursuant to the Site Plan and Design Review procedure as provided in CMC § 9172.23. No permit shall be issued for grading or construction, or sign installed, involving significant exterior changes as determined by the Director, which is not in conformance with such approved development plans.
14.
Landscaping. The entire site including any abutting parkway area in the street right-of-way, other than paved areas, screened storage areas and land occupied by structures, shall be covered with turf or other landscaping.
E.
Environmental Effects.
1.
Lighting. The provisions of CMC § 9157.1 shall apply.
F.
Maintenance. Within thirty (30) days of the effective date of this Section, the owner or operator of any cemetery within the SU-CEM Zone shall submit to the Director, for record purposes, a copy of documents setting forth all agreements and arrangements for continuing care and maintenance of the premises.
Any change in the agreements or arrangements for continuing care and maintenance of the premises or the method of financing such care shall be submitted to the Director. Any such change which in the opinion of the Director could result in a reduction in the quality, amount, continuity or length of time of such care shall be subject to approval in the same manner as for a modification of conditions of a Conditional Use Permit pursuant to CMC § 9172.21(G).
G.
Nonconformities. Any and all existing lawfully established features, development and uses of the site shall be permitted to continue without change. All new developments or use, alterations or changes shall be in conformance with the provisions of this Section.
H.
Previous Approvals Superseded. Notwithstanding the provisions of CMC § 9183.3, except as provided in subsection (B)(2)(a) of this Section, any previous approval for the use or development of property within the SU-CEM Zone, granted prior to the effective date of this Section under the zoning regulations of the City of Carson or granted prior to the incorporation of the City under the Zoning Ordinance of the County of Los Angeles or under the Zoning Ordinance of the City of Compton is hereby declared null and void and superseded by the provisions of this Section.
(Ord. 78-425)
§ 9159.2 SU-BP Zone (Blimp Port).
A.
Applicability. The provisions of this Section shall be applicable in the SU-BP Zone.
B.
Uses Permitted.
1.
Principal Use. The following principal use shall be permitted:
a.
Blimp port, subject to the following limitations:
(1)
Except in case of emergency, this facility shall be used only by lighter-than-air ships (blimps). No other types of aircraft shall use, be stored or be kept on the subject property.
(2)
Only blimp operations of a public relations nature shall be permitted; except, with prior notification and approval by the Director, blimp operations shall be permitted for special events or special projects, and with Planning Commission approval, the management may sell tickets for amusement rides aboard the blimp.
(3)
Airship repairs shall be permitted at this facility. All repair activities, other than emergencies, shall be conducted within an enclosed building and shall be so located or soundproofed as to prevent annoyance or detriment to surrounding property. In no case shall doors or windows be permitted in any wall within one hundred (100) feet of and facing a residential zone. Repair activities shall be confined to the hours between 7:00 a.m. and 9:00 p.m. daily.
2.
Permitted Accessory Uses. The following accessory uses shall be permitted:
a.
Caretaker's residence – one (1) residential unit only.
b.
Offices.
c.
Maintenance buildings and outdoor storage areas.
d.
Off-street parking (the provisions of CMC § 9152.2 shall apply).
e.
Visitor facilities and landscaped park area.
f.
Blimp hangar, subject to a Conditional Use Permit.
g.
Other accessory uses, facilities or activities found to be customary or necessary in connection with permitted uses, if so interpreted in accordance with CMC § 9172.24.
C.
Site Requirements. The entire existing site of approximately twenty-seven (27) acres shall not be reduced in size except by dedication for street purposes or other publicly owned right-of-way, and shall be maintained in a single ownership and under the management and control of one (1) organization.
D.
Site Development Standards.
1.
Height of Buildings and Structures. Unless otherwise approved by a Conditional Use Permit, buildings and structures, other than a blimp mooring mast(s) and one (1) identification sign, shall not exceed a height of twenty (20) feet.
2.
Ground Coverage. The ground area included within the exterior walls and/or supporting columns of all roofed structures shall not exceed five (5) percent of the net lot area.
3.
Yards. Abutting each street and property line, there shall be a yard with a depth of at least twenty-five (25) feet.
4.
Every part of a required yard or open space shall be open and unobstructed from finished grade to the sky except that permitted signs, off-street parking and fencing may be located within such yards. Other encroachments in required yards shall be subject to the provisions of CMC § 9136.29 insofar as applicable and consistent with other provisions of this Section.
5.
Screening. Outdoor storage areas, trash areas and mechanical equipment shall be enclosed within a solid fence or wall at least six (6) feet in height but not more than eight (8) feet in height.
6.
Perimeter Fencing. The entire site shall be enclosed with a chain link or other open-mesh type of fence at least four (4) feet in height but not more than fifteen (15) feet in height. The public parking and other visitor arrival areas shall be separated from airship operations and maintenance areas by fencing at least three and one-half (3-1/2) feet in height.
7.
Street Dedication and Improvement. The provisions of Division 1 of Part 6 of this Chapter shall apply.
8.
Parking. The provisions of Division 2 of Part 6 of this Chapter shall apply subject to the following additional provisions:
a.
There shall be a minimum of thirty (30) improved parking spaces located on the site.
b.
In case of a special event or emergency situation, the turf or sod areas of the site may be used temporarily for overflow parking.
9.
Access. Vehicular access to the site, including the parking areas, shall be subject to the review and approval of the Director of Public Works.
10.
Signs.
a.
Not more than two (2) large identification sign structures shall be permitted, with not more than four (4) sign faces totaling not more than twenty-one thousand five hundred twenty-eight (21,528) square feet of sign face area. Said signs shall not exceed eighty-eight (88) feet in height, and three hundred seventy (370) feet in length.
b.
In addition, the site shall be permitted three (3) other signs for identification, directional or informational purposes only. Unless otherwise approved by a Conditional Use Permit, each such sign face shall not exceed one hundred (100) square feet in area.
11.
Utilities. All utility lines on the site shall be placed underground. All aboveground utility equipment shall be within a solid enclosure or otherwise screened from public view. Such enclosure/screening shall be in accordance with the utility's service requirement.
12.
Site Planning and Design. All new or additional development shall be in conformance with development plans which have been approved pursuant to the Site Plan and Design Review procedure as provided in CMC § 9172.23. No permit shall be issued for grading or construction involving significant exterior changes, as determined by the Director, which is not in conformance with such approved development plans.
13.
Drainage. Provisions shall be made for all natural drainage to the satisfaction of the Director of Public Works. Prior to any additional grading or construction, drainage plans shall be approved by the Director of Public Works.
14.
Landscaping. The landscaping of the site, including parking areas and access thereto, shall be provided in accordance with a landscape plan approved by the Director. All portions of the property, and any abutting parkway area in a street right-of-way, other than paved areas and land occupied by structures, shall be covered with turf, sod or other suitable plant materials, and shall be provided with a suitable irrigation system. All landscaping shall be continuously maintained and cared for.
E.
Environmental Effects.
1.
Lighting. All floodlighting of the blimp, signs, buildings, parking lots, landscaping and other facilities shall be shielded and directed away from surrounding property, streets and freeways. This Section is also applicable to arc lights, searchlights and similar lighting devices.
2.
Fire Protection. Prior to commencing construction of any additional or expanded buildings or structures on the subject property, the owner shall ascertain, from the Los Angeles County Forester and Fire Warden, what facilities are necessary to protect the property from fire hazard. Such facilities may include water mains, fire hydrants, and fire flow, which, prior to occupancy of any such buildings or structures, shall be provided as required by the Forester and Fire Warden.
F.
Regulations of Other Agencies. Compliance with all applicable regulations of the Federal Aviation Administration, California Aeronautical Commission and other applicable laws and regulations of Federal, State and local agencies shall be required.
G.
Nonconformities. The provisions of Division 2 of Part 8 of this Chapter shall apply.
H.
Revocation. Permission to use property in the SU-BP Zone as provided in this Section is subject to revocation pursuant to CMC § 9172.28. Upon revocation becoming effective, CMC § 9151.7 shall become operative with respect to such property.
I.
Previous Approvals Superseded. Notwithstanding the provisions of CMC § 9183.3, the previous approval for the use and development of the subject property, granted by the County of Los Angeles under Zone Exception Case No. 8481-(2) prior to the incorporation of the City of Carson, is hereby declared null and void and superseded by the provisions of this Section.
(Ord. 17-1616 § 1; Ord. 78-425)
§ 9159.3 SU-COL Zone (College).
A.
Applicability. The provisions of this Section shall be applicable in the SU-COL Zone.
B.
Uses Permitted.
1.
Principal Use. The following principal use shall be permitted:
a.
A public or private academic institution of education at the college or university level of instruction. This use shall include, but not be limited to, classrooms, administrative offices, student union, gymnasium, field house, library, science laboratories, auditoriums, and communication center.
2.
Permitted Accessory Uses. The following accessory uses shall be permitted:
a.
Parking facilities.
b.
Health Center.
c.
Dormitories.
d.
Eating establishments.
e.
Other accessory facilities customary to the permitted principal use. (Interpretation of this provision is to be in accordance with CMC § 9172.24.)
C.
Site Requirement. The entire existing site shall not be reduced in size except by a street dedication and shall be maintained under a single ownership.
D.
Site Development Standards. Because the City is preempted under state law from regulating uses located on property in the SU-COL Zone, there are no specific site development standards; provided, that all principal and accessory uses comply with all applicable rules and regulations of the Board of Trustees of the California State University and Colleges, California State Department of Finance, California Public Works Board, Office of the State Fire Marshal and Office of the State Architect. Wherever feasible, the City should be permitted to review all future development plans of the campus to ascertain the probable impacts upon the community as a whole and to report to campus officials findings of deleterious impacts and to recommend mitigating measures, in an effort to afford better communication between the City and the campus officials and their regulatory agencies.
E.
Environmental Effects. All lighting in buildings, landscaping, parking lots and similar facilities shall be directed away from all adjoining and nearby residential property. Such lighting shall be arranged and controlled so as not to create a nuisance or hazard to traffic or to the living environment. This Section is also applicable to arc lights, search lights and similar lighting devices.
(Ord. 78-425)
§ 9161.1 Purpose, Definitions and Applicability.
A.
The purpose of this Division 1 is to establish reasonable standards to ensure that, pursuant to the City's General Plan, all necessary street dedications are made and all required street improvements are completed, constructed, or adequately provided for prior to the issuance of building permits for certain new buildings and structures and prior to their use and occupancy.
B.
For the purposes of this Division 1, the following terms shall be defined as follows:
(1)
"Building"
shall mean any edifice having a roof supported by columns or walls which is intended primarily for human habitation or for the shelter, housing or enclosure of persons.
(2)
"Structure"
shall mean any edifice constructed or erected which requires location on the ground or is attached to something having a location on the ground and is not intended primarily for human habitation or for the shelter, housing or enclosure of persons, such as petroleum refinery facilities.
C.
Subject to the specific exceptions set forth in CMC § 9161.2, no building permit shall be issued for any building or structure on any lot, any portion of which abuts upon any public street, unless one-half (1/2) of the street which is located on the same side of the centerline as such lot has been dedicated and improved as provided for in this Division 1.
(Ord. 88-830 § 1; Ord. 83-634 § 1)
§ 9161.2 Exceptions.
The provisions of CMC § 9161.1 and § 9161.3 through § 9161.7 shall not apply to building permits for the following types of buildings or structures, or modifications thereto, if such buildings or structures, or modifications thereto, comply with all other applicable requirements of this Chapter:
A.
Additions or alterations to existing buildings or structures, including the addition thereto of accessory buildings or structures, for all uses permitted in the RS Zone and two-family dwellings permitted in the RM Zone.
B.
Outdoor advertising and on-site signage.
C.
Accessory structures, the principal use of which is for agricultural purposes.
D.
Oil wells.
E.
New buildings to be constructed, or existing buildings and structures to be used and occupied, on property for which all required public improvements have been identified or completed pursuant to the applicable provisions of the Subdivision Ordinance and the Subdivision Map Act in effect at the time such development was approved; provided, however, that in all such cases the curbs, gutters, pavement, street lights, sidewalks, and necessary street drainage shall, if not then completed, be constructed or installed by the applicant.
F.
New buildings or structures to be constructed as part of a development project where the City Council has, in conjunction with its approval thereof, ratified, approved or adopted a specific plan, an agreement to improve, or a discretionary permit setting forth a phased schedule pursuant to which the requirements of CMC § 9161.3 through § 9161.7 will be satisfied at specified times.
G.
The alteration, interior modification or enlargement of an existing building which, in the determination of the Director of Public Works, will not result in a significant increase in traffic as a result of the primary or intended use of the building. Existing structures shall not be subject to this exception.
H.
New buildings or structures to be constructed, and the alteration, interior modification or enlargement of an existing building, or of a structure accessory thereto, all or any combination of which will take place on one (1) lot, if the total value of such construction, alteration, modification or enlargement does not require a building permit valued under the Building Code in excess of $100,000.
I.
The restoration or repair of a building or structure damaged or destroyed by fire, explosion, earthquake, flood or other casualty or act of God, or by the public enemy; provided, that the use or occupancy of such building or structure thereafter continues in the same manner as lawfully existed prior to such damage or destruction.
(Ord. 88-830 § 1)
§ 9161.3 Dedications.
A.
When dedication is required under this Division 1, full street dedication shall be made upon the property or properties to be improved. Streets shall be dedicated to one-half the planned ultimate width, measured from the centerline, including corner cutoffs. All such right-of-way shall be determined by the Director of Public Works in accordance with the General Plan, the Master Plan of Streets and Highways, or the Subdivision Ordinance, as applicable; provided, however, that in no event shall dedication be required to such an extent that the area or width of any lot will be reduced below that permitted by the Subdivision Ordinance when a lot is reduced by acquisition for public purposes.
B.
The Director of Public Works may require, in lieu of actual dedication, an irrevocable offer of dedication. Any such irrevocable offer of dedication shall be subject to the approval of the City Council, shall be executed by all persons having any right, title, interest or lien in the property, or any portion thereof to be dedicated, and shall be acknowledged and recorded in the same manner as a conveyance of real property. Such offer of dedication, when recorded in the office of the county recorder, shall be irrevocable and may be accepted at any time by the City Council. Such offer of dedication may be terminated by the City Council, and the right to accept such offer abandoned, in the same manner as is prescribed for the summary vacation of streets or highways by Part 3 (commencing with Section 8300) of Division 9 of the California Streets and Highways Code.
(Ord. 88-830 § 1; Ord. 83-634 § 2)
§ 9161.4 Improvement Requirements for Buildings and Structures.
A.
Before any building permit is issued for any building or structure subject to the provisions of this Division 1, the applicable improvements identified in subsection B below shall be installed, constructed or otherwise provided for.
B.
The required improvements may include, without limitation, the following: pavement, curbs, gutters, sidewalks, drainage facilities, sewer facilities, water facilities, lighting, traffic signals, signing, striping, median improvements, parkway trees and landscaping, grading of right-of-way, right-of-way dedication, noise attenuation barriers, modifications to existing utilities to facilitate any or all of the improvements identified herein, and repairs to any or all of the improvements identified herein. Other improvements may be required if, in the determination of the Director of Public Works, such improvements are directly related to the development of the site of the proposed building or structure and are required to protect the public health, safety and welfare.
C.
The estimated cost of all such required improvements shall not exceed fifty (50) percent of the valuation of the structure for which a building permit is requested. The valuation shall be determined by the City Building Official using as a guide the Marshall Valuation Service compiled by Marshall and Swift Publication Company.
(Ord. 88-830 § 1)
§ 9161.5 Agreement to Improve.
A.
In lieu of completing the improvements required by CMC § 9161.4(B), the Director of Public Works may, subject to the approval of the City Council, require either of the following:
(1)
An agreement to complete the required improvements, executed by the applicant or by any other responsible person; or
(2)
A specific plan of phased development, executed by the applicant or by any other responsible person, which plan specifically provides for completion of the required improvements.
B.
The required improvements shall be completed within the time specified in the agreement to improve or in the specific plan; provided, however, that the Director of Public Works may grant such additional time for completion as may be deemed necessary if, in the determination of the Director, good and sufficient reasons exist for any such extension.
C.
Upon the failure of an applicant or other responsible person to complete any required improvement within the time specified in an agreement to improve or a specific plan, the City Council may, upon notice in writing of not less than ten (10) calendar days served personally upon the person, firm or corporation signing the agreement or specific plan, or upon notice in writing of not less than twenty (20) calendar days served by registered or certified mail, addressed to the last known address of the person, firm or corporation signing the agreement or specific plan, determine that the improvement work or any part thereof is incomplete and may cause to be forfeited to the City all or a portion of the improvement security given for the faithful performance of such improvement work, and may further cause to be negotiated any instrument of credit deposited with and assigned to the City in such amount as may be required to complete the improvement work.
(Ord. 88-830 § 1)
§ 9161.6 Construction Standards.
All construction work within existing or proposed street rights-of-way shall be performed in compliance with the Highway Permit Ordinance, as contained in Chapter 1, Article VII of this Code, and the requirements of the Public Works Department.
(Ord. 88-830 § 1)
§ 9161.7 Improvement Security and In-Lieu Fees.
A.
All construction work within the public right-of-way shall be secured by an improvement security, the amount and type of which shall be determined as provided for in CMC § 9207.13 and § 9207.14.
B.
In-lieu fees shall be paid to the City in the event that required improvements cannot physically be constructed at the site of the proposed building or structure, and such fees shall be paid in cash or by cashier's check.
(Ord. 88-830 § 1; Ord. 83-634 § 3)
§ 9161.8 Relief from Compliance.
The Director of Public Works may, in the exercise of sound discretion, relieve an applicant from compliance with all or a portion of the provisions of CMC § 9161.3 through § 9161.7 if the Director finds:
A.
The required improvements would create a drainage or traffic problem; or
B.
The proposed use will be isolated from a roadway, and a connecting roadway is not likely to be improved for many years; or
C.
Because of the peculiar circumstances of the property, the development of the surrounding property, or other reasons, such required improvements can best be constructed through use of an assessment proceeding.
(Ord. 88-830 § 1; Ord. 84-698 § 1; Ord. 83-634 § 4)
§ 9161.9 Appeals.
Any applicant aggrieved by a determination of the Director of Public Works pertaining to the interpretation or application of the provisions of this Division 1 may appeal to the Planning Commission. The Planning Commission shall provide such applicant an opportunity to be heard and shall thereafter affirm, modify or reverse the determination of the Director of Public Works.
(Ord. 88-830 § 1)
§ 9161.10 Parkway Trees.
A.
Except as otherwise provided herein, parkway trees shall be provided and planted by the owner or developer of any lot in connection with any construction on such lot requiring a building permit under the Building Code valued in excess of $10,000.
B.
Such parkway trees shall be planted in the public easement (parkway strip) between the street pavement and the lot line of such lot. If sidewalk exists in such parkway strip without provision for parkway trees, tree wells shall be provided as part of such parkway tree requirement.
C.
Utilities shall not be released for the buildings or structures constructed on such lot until the required parkway trees have been planted or such planting has been provided for in accordance herewith and the specifications of the Director of Public Works. Such provision may be made by bond pursuant to the provisions of CMC § 1400 in an amount not to exceed the estimated cost of the parkway tree requirement.
D.
Notwithstanding the foregoing provisions of this Section:
(1)
The total estimated cost of the parkway tree requirement shall not exceed one-third (1/3) of the estimated value of the improvements provided for in such building permit; and
(2)
Where adequate public right-of-way (parkway strip) does not exist, or where the adjacent street is not improved or required to be improved with the proposed development with curb and gutter, such parkway tree requirement shall be waived in connection with such building permit. Such waiver shall not affect the requirement for parkway trees in connection with any subsequent application for a building permit with respect to such lot.
E.
The provisions of this Section shall not apply to incidental construction on previously developed residential lots. Such incidental construction shall include, but not be limited to, room or patio additions, room realignment, and swimming pool and garage construction. Incidental construction, as said term is used herein, shall not include the construction of a residential unit.
(Ord. 88-830 § 1)
§ 9162.0 Development Policy.
The objectives of this Division 2 of Part 6 are as follows:
A.
To ensure that adequate parking spaces for automobiles, and loading, maneuvering, parking and stacking areas for trucks, are provided on every site within the City in such a manner so as not to adversely impact adjacent properties nor to create a nuisance or hazard to pedestrian and vehicle traffic within the public right-of-way; and
B.
To ensure that there is adequate and safe on-site circulation with minimum conflict between pedestrians, automobiles and trucks, and to shield loading areas from the public view and adjacent properties.
(Ord. 87-821 § 1)
§ 9162.05 Paving and Drainage of Vehicular Areas.
A.
Except as provided in subsections B and C of this Section, all areas used for the movement, parking, loading, repair or storage of vehicles of any type shall be paved with either:
(1)
Concrete to a minimum thickness of three and one-half (3-1/2) inches over four (4) inches of crushed aggregate base; or
(2)
Asphaltic concrete to a minimum thickness of three and one-half (3-1/2) inches over four (4) inches of crushed aggregate base; or
(3)
Other surfacing material which, in the opinion of the Public Works Director, provides equivalent life, service and appearance.
B.
All areas used for the maneuvering, parking or stacking of trucks, whether single body or double body, shall be paved with either concrete or asphaltic concrete. The minimum thickness of the paving and base shall be determined by an on-site pavement study completed by a licensed soils engineer approved by the Public Works Director.
C.
The apron area for double body trucks having a minimum length of forty-five (45) feet shall be paved with concrete. The minimum thickness of the paving and base shall be determined by an on-site pavement study completed by a licensed soils engineer approved by the Public Works Director.
D.
All such areas shall be graded and drained to dispose of all surface water. Drainage shall not be permitted across the surface of sidewalks or driveways, except for vehicular areas serving single-family residential uses.
(Ord. 87-821 § 2; Ord. 84-705 § 8)
§ 9162.1 Off-Street Parking - General Requirements.
Every use shall be required to provide the number of off-street parking spaces which satisfies the needs of the use. The required parking spaces shall be used only for the purpose of parking trucks, standard and compact automobiles, and other vehicles as designated. The required off-street parking may be at grade, above grade or below grade and may be open or within a partially or fully enclosed parking structure; provided, that parking below grade for residential uses shall be subject to the review and approval of a Development Plan by the Planning Commission pursuant to CMC § 9172.23 (Site Plan and Design Review). Every parking space shall be directly accessible from a vehicular driveway or aisle unless otherwise specified.
(Ord. 94-1039 § 13; Ord. 87-821 § 3)
§ 9162.21 Off-Street Parking - Parking Spaces Required.
The required number of off-street automobile spaces for each use shall not be less than set forth in the following table:
Use | Off-Street Parking Required |
|---|---|
A. Residential: | Any existing, lawfully established and maintained residential use is deemed to have the required parking. |
1. Single-family dwelling in the RS Zone, RA Zone. | 2 spaces within a garage. |
2. Single-family dwelling in the RM Zone. | 2 spaces within either a garage or carport. |
3. Multiple-family dwelling. | 2 spaces within either a garage dwelling or carport for each dwelling unit. In addition, 1 guest parking space for every 1 multifamily unit with 3 bedrooms or more and 1 guest parking space for every 2 multifamily units with 2 bedrooms or less. |
3a. Multiple-family dwelling within a Mixed-Use (MU) District. | 1 covered space for every studio unit. 2 covered spaces for each unit with 1 or more bedrooms. 1 guest space for every 4 units. |
3b. Live/work rental units within a Mixed-Use (MU) District. | 2 spaces per unit for units under 2,500 square feet. Larger units require 2 spaces for residential plus the number of spaces required by this Section for commercial activities. 1 guest space for every 4 units. |
4. Condominium. | 2 spaces within a garage for each dwelling unit. In addition, 1 guest parking space for every 1 multifamily unit with 3 bedrooms or more and 1 guest parking space for every 2 multifamily units with 2 bedrooms or less. |
4a. Condominiums within a Mixed-Use (MU) District. | 1 covered space for every studio unit. 2 covered spaces for each unit with 1 or more bedrooms. 1 guest space for every 4 units. |
4b. Live/work rental units within a Mixed-Use (MU) District. | 2 spaces per unit for units under 2,500 square feet. Larger units require 2 spaces for residential plus the number of spaces required by this Section for commercial activities. 1 guest space for every 4 units. |
5. Mobile home park. | 2 spaces for each mobile home (tandem parking permitted), plus 1 guest parking space for each 4 mobile homes. |
6. Convent, rectory, monastery and other group quarters for members of a religious order. | 1 space for each 3 rooming units. |
7. Boarding or rooming house, fraternity or sorority house, dormitory. | 1 space for each 2 rooming units. |
8. Caretaker's residence. | 1 space for each residence. |
9. Retirement home, senior citizens' housing (units without kitchens and not defined as a community care facility). | 1 space for each rooming unit, plus 2 spaces for each resident employee. (The parking area to be improved shall be 1 space for each 2 rooming units, plus 2 spaces for each resident employee. The difference between the required parking area and the parking to be improved shall be held as open space reserve to meet additional parking needs or required parking in case of conversion to another use.) |
10. Retirement home, senior citizens' housing (units with kitchens, and not defined as a community care facility). | 2 spaces for each dwelling unit, plus 2 spaces for each resident employee. (The parking area to be improved shall be 1 space for each 2 dwelling units, plus 2 spaces for each resident employee. The difference between the required parking area and the parking to be improved shall be held as open space reserve to meet additional parking needs or required parking in case of conversion to another use.) |
11. Residential hotel without kitchens. | 1 space for each rooming unit, plus 2 spaces for each resident employee. |
12. Residential hotel or motel with kitchens. | 2 spaces for each unit. |
13. Second primary units and 2-unit developments. | See CMC § 9128.84(E). |
14. Accessory dwelling unit. | 1 off-street parking space unless the property meets the exceptions listed in CMC § 9122.1(E)(9). |
B. Institutional: | |
1. Small family home community care facility in the RS Zone. | 2 spaces within a garage. |
2. Small family home community care facility in RM Zone. | 2 spaces within either a garage or carport. |
3. Other community care facilities. | Required parking spaces to be determined for each conditional use permit based primarily upon the facility's licensed capacity, type of care and number of employees. |
4. Long-term health care facility. | 1 space for each 2 beds licensed by the regulatory agency. |
5. Hospital. | 2 spaces for each bed licensed by the regulatory agency. |
6. Schools (public or private): | |
(a) Elementary school, junior high school (kindergarten through grade 9). | 1 space for each 200 square feet of teaching area. |
(b) Senior high school; business vocational or trade school. | 1 space for each 125 square feet of teaching area. |
(c) Academic university or college. | 1 space for each 500 square feet gross floor area. |
7. Library, museum, art gallery. | 1 space for each 400 square feet gross floor area. |
8. Church, mortuary. | 1 space for each 5 fixed seats (or 7-1/2 linear feet of fixed pew or bench) in the largest assembly room. For the area within the largest assembly room not occupied by fixed seats, pew or bench, the off-street parking required shall be 1 space for each 35 square feet of net floor area. |
C. Commercial: | |
1. Gymnasium, dance hall, skating rink, theater, night club, auditorium, lodge room, sports arena, stadium and other places of public assembly or entertainment. | 1 space for each 3 fixed seats (or 4-1/2 linear feet of fixed bench) in the largest room or space for public assembly or entertainment. For the area within the largest room or space for public assembly or entertainment not covered by fixed seats or bench, the off-street parking required shall be 1 space for each 21 square feet of net floor area. There shall be a minimum of 10 parking spaces provided. |
2. Dining and drinking establishments. | Areas used exclusively for entertainment shall have a parking requirement as indicated above. All other areas shall have a parking requirement of 1 space for each 100 square feet of gross floor area. There shall be a minimum of 10 parking spaces provided. |
3. Bowling alley. | 3 spaces for each bowling lane, plus the parking spaces required for the other activities within the building. |
4. Transient hotel, motel. | 1 space for each guest room, plus 2 spaces for the resident manager's unit. |
5. Automobile service station. | One (1) automobile parking space shall be provided for each employee on the largest shift, plus one (1) space for each company vehicle, plus two (2) spaces for each service bay. Said spaces are to be striped and provided with bumper guards or wheel stops approved by the Director. |
6. Plant nursery. | 1 space for each 1,000 square feet of indoor or outdoor sales or display area. There shall be a minimum of 5 parking spaces provided. |
7. Offices, studios, retail sales and services and other general commercial activities not classified elsewhere. | 1 space for each 300 square feet of gross floor area. There shall be a minimum of 5 parking spaces provided on each site for each use. |
8. Driving skill course. | 15 spaces per 400 yards of track, and 1 space per employee on the largest shift, plus the parking spaces required for other activities within buildings or on the grounds of the business. |
9. Arcade. | 1 space for each 200 square feet for gross floor area. |
10. Health and exercise salons, health spas, athletics clubs, exercise and dance studios. | 1 space per 150 square feet of gross floor area. |
11. Automobile dealership. | See CMC § 9138.15(D)(6). |
12. Vehicle repair and service. | 1 parking space shall be provided for each employee on the largest shift, plus 2 parking spaces shall be provided for each service bay. Parking for all other uses shall comply with CMC § 9162.21. |
13. Indoor team training facility. | Courts/field – The maximum number of people allowed on the field/courts for a game at 1 time multiplied by 0.75 parking space. If no court/field is required (such as professional gymnastics) – Parking shall be determined by a parking needs assessment. There should be a minimum of 5 parking spaces provided. |
D. Industrial: | |
1. Water pumping station, gas measurement station, electrical distribution substation and other public utility facilities having no employees or visitors. | No parking space is required. |
2. Vehicle impounding or dismantling yard, junk and salvage yard. | As required by CMC § 9148.1(D). |
3. Mini-storage/ self-storage (As defined in CMC § 9162.65). | 1 parking space for every 20 units of storage area, plus 1 space for each 300 square feet of office area, plus 2 covered spaces for a caretaker unit. |
4. Uses requiring large dock-high loading facilities (As defined in CMC § 9162.65). | Whichever of the following results in the greater requirement: a. Warehousing use – 1 parking space for each 1,500 square feet of gross floor area; |
Manufacturing use – 1 parking space for each 500 square feet of gross floor area; | |
Office and service use – 1 parking space for each 300 square feet of gross floor area; or b. 1 parking space for every 2 employees on the largest shift. | |
5. Uses requiring small dock-high loading facilities (As defined in CMC § 9162.65). | Whichever of the following results in the greater requirement: a. Warehouse use – 1 parking space for each 1,000 square feet of gross floor area; |
Manufacturing use – 1 parking space for each 500 square feet of gross floor area; | |
Office and service use – 1 parking space for each 300 square feet of gross floor area; or | |
b. 1 parking space for every 2 employees on the largest shift. | |
6. Uses requiring large grade level loading facilities (As defined in CMC § 9162.65). | Whichever of the following results in the greater requirement: a. Warehousing use – 1 parking space for each 750 square feet of gross floor area; |
Manufacturing use – 1 parking space for each 500 square feet of gross floor area; | |
Office and service use – 1 parking space for each 300 square feet of gross floor area; or | |
b. 1 parking space for every 2 employees on the largest shift. | |
7. Uses requiring small grade level loading facilities (As defined in CMC § 9162.65). | Whichever of the following results in the greater requirement. a. Single tenant unit size or average multiple tenant unit size under 3,000 square feet: |
Warehousing and manufacturing use – 1 parking space for each 500 square feet of gross floor area; | |
Office and service use – 1 parking space for each 300 square feet of gross floor area; or | |
Single tenant unit size or average multiple tenant unit size over 3,000 square feet: | |
Warehousing – 1 parking space for each 750 square feet of gross floor area; | |
Manufacturing – 1 parking space for each 500 square feet of gross floor area; | |
Office and service use – 1 parking space for each 300 square feet of gross floor area; or | |
b. 1 parking space for every 2 employees on the largest shift. | |
8. Service and office use with no truck loading facilities. | Whichever of the following results in the greater requirement: a. 1 parking space for each 300 square feet of gross floor area; or |
b. 1 parking space for every 2 employees on the largest shift. | |
9. Large collection recycling facility. | 1 automobile parking space for each employee on the largest shift, plus 1 space for each company vehicle, plus a minimum of 10 spaces for customers. |
Processing facility for recyclables. | |
10. Cargo container storage (As defined in CMC § 9191.067(C). | 1 automobile parking space for every 2 employees on the largest shift, plus 1 space for each 300 square feet of office space. A minimum of 5 spaces shall be provided. |
E. Recreational (public and private): | |
1. Passive park: | |
a. Less than 1 acre in size. | No parking space is required. |
b. 1 acre or greater in size. | 2 spaces for each net acre. |
2. Golf course. | 100 spaces for a 9-hole course. 200 spaces for an 18-hole course. |
(Ord. 22-2210 § 11; Ord. 12-1488 § 2; Ord. 06-1363 § 9; Ord. 04-1322 § 8; Ord. 03-1290 § 7; Ord. 03-1279 § 24; Ord. 02-1251 § 1; Ord. 94-1039 § 14; Ord. 91-945 § 3; Ord. 89-878 § 1; Ord. 88-842 § 2; Ord. 87-821 §§ 4, 5; Ord. 87-819 § 8; Ord. 85-720 § 11; Ord. 83-662 § 1; Ord. 82-603; Ord. 80-532 § 8; Ord. 78-431; Ord. 78-452)
§ 9162.22 Off-Street Parking - Parking Spaces Required for Uses Not Specified.
The parking space requirements for uses not provided for in this Division shall be determined by Interpretation under CMC § 9172.24. Such determination shall be based upon the requirements for the most comparable uses specified herein.
§ 9162.23 Off-Street Parking - Computation of Required Parking Spaces.
When required parking spaces are based upon gross floor area, the floor area devoted exclusively to parking and maneuvering of vehicles shall not be considered in the computation.
When, as a result of computation, the total number of parking spaces results in a fractional amount, any fraction less than one-half (1/2) shall be disregarded, and any fraction equal to or greater than one-half (1/2) shall require one (1) parking space.
§ 9162.24 Off-Street Parking - Automobile Parking Spaces Required for Mixed Uses.
A.
When two (2) or more different uses exist on the same lot or within the same building, the total number of parking spaces required shall equal the sum of the requirements for each use including fractional amounts. Except as provided herein, no parking space required for one use shall be considered as providing the required parking for any other use.
B.
When two (2) or more uses share a parking facility, and when demonstrated by a signed affidavit that the hours of their demand do not substantially overlap, then the parking requirement may be reduced by the Planning Commission through the approval of a Conditional Use Permit pursuant to CMC § 9172.21, and subject to the following additional requirements:
1.
The applicant shall show evidence that there is no substantial conflict or overlap in the principal operating hours of the buildings or uses for which the shared parking facilities are proposed.
2.
Any reduction in parking shall not decrease the total number of parking spaces below the level necessary to meet the collective peak parking demand for all participating uses.
3.
Parking facilities may be located on a different lot from the lot on which the use to be served is located provided the distance from the lot on which the use is located and the lot used for the required parking is not greater than four hundred (400) feet. Said distance shall be measured along public walkways from the nearest lot line of the lot on which the uses are located to the nearest lot line of the lot on which the required parking is located. Property owners involved in the joint use of offstreet parking facilities shall submit an agreement for such joint use by a proper legal instrument approved by the Director as to form and content. Such instrument shall be submitted with the Conditional Use Permit application. Such instrument, when approved as conforming to the provisions of this Section, shall be recorded in the office of the County Recorder within thirty (30) days of Commission approval, and copies of said recorded documents filed with the Community Development Department.
4.
The Commission shall make a finding that there is adequate parking available for all affected lots, parcels and uses located thereon.
C.
Office space incidental to a manufacturing, warehouse or other industrial use shall have its required parking spaces computed at the same ratio as the industrial use, provided the office space does not exceed ten (10) percent of the total gross floor area. Office space in excess of ten (10) percent of the total gross floor area shall have its required parking spaces computed at the same ratio specified for office space.
(Ord. 93-1001 § 4; Ord. 87-821 § 6)
§ 9162.25 Off-Street Parking - Change in Intensity.
Whenever the intensity of use changes through a change in the number or quantity of dwelling units, floor area, employees, fixed seats or other units of measurement specified herein to determine the required parking, the number of required spaces shall be adjusted either upward or downward to reflect the change in intensity.
§ 9162.26 Off-Street Parking - Change in Use.
Whenever a change in use results in a different parking requirement, the required automobile parking spaces shall be adjusted upward or downward to reflect such change in use. This Section shall not apply to the conversion of manufacturing or warehouse floor area to the office space, provided the total office space does not exceed ten (10) percent of the total gross floor area.
(Ord. 87-821 § 7)
§ 9162.27 Off-Street Parking - Conversion of Parking Spaces Serving a Dwelling.
Any garage, carport or parking space required for a dwelling may be converted to additional living area or any other permitted nonparking use; provided, that at least the same type of parking shelter or area and number of spaces as lawfully exist at the time of such conversion are provided elsewhere on the lot and adequate access is provided thereto. Nothing in this Section shall be construed or applied so as to require parking shelters or areas or number of spaces in excess of the requirements of this Division. This Section shall not apply when a garage, carport or parking space is converted to an accessory dwelling unit or junior accessory dwelling unit, in which case CMC § 9122.1(E)(9)(e) shall govern.
(Ord. 22-2211 § 16)
§ 9162.28 Off-Street Parking - Reserved.
Repealed by Ord. 22-2211.
§ 9162.3 Off-Street Parking - Location of Parking.
A.
Parking spaces required for residential uses shall be located on the same lot as the use for which such spaces are provided.
Driveways, sidewalks, and paving shall not cover more than thirty-five (35) percent of a required front yard setback for residential property with a single-car driveway, fifty (50) percent for a two-car driveway, and forty (40) percent for a driveway where the garage does not face a public street. For the purposes of this Section, paving for parking shall include that portion of the required front yard abutting a side property line nearest the driveway. Exceptions may be allowed by an approved Site Plan as follows:
1.
For substandard size lots or unique properties and circumstances;
2.
Where decorative type paving is approved as a landscape feature; or
3.
To allow space only for the parking of vehicles as described below provided that the total amount of paved area on a standard sized lot does not exceed fifty (50) percent of a front yard setback.
a.
Automobiles, motor homes, motor trucks, vans, campers/camper shells mounted on a vehicle, camp trailers, boats on trailers, and tent trailers are allowed in a required front yard, side yard, corner lot rear yard or in a yard clearly visible to a public right-of-way provided they are:
(1)
Fully operable, completely assembled, supported by inflated tires and not supported by blocks, jacks or similar supports.
(2)
Maintained in a clean and neat condition, not significantly damaged or continuously under repair.
(3)
Not more than one (1) ton load capacity if a motor truck, including commercial vehicles when used as personal transportation to and from work, and not more than two (2) ton load capacity if a motor truck, excluding commercial vehicles.
(4)
Parked or stored on an approved residential parking space or on an approved residential driveway.
b.
Motor homes, unmounted campers, camper shells mounted on a vehicle, camp trailers, boats on trailers, and tent trailers may be permitted in such front and side yard areas subject to the following additional requirements:
(1)
Only if there is no access to the rear yard or no other approved location can be made available on the property for parking.
(2)
Limited to a maximum of one (1) motor home, tent trailer, unmounted camper, camp trailer or boat on a trailer.
(3)
Limited to a maximum size of eight (8) feet in width and thirty-two (32) feet in length for motor homes.
4.
Additional landscaping and/or screening may be required to improve the quality of development to a reasonable standard.
B.
Parking facilities required for nonresidential uses should be located on-site wherever feasible, but may be located on a different lot from the lot on which the use to be served is located provided the distance from the lot on which the use is located and the lot used for the required parking is not greater than four hundred (400) feet. Said distance shall be measured along public walkways from the nearest lot line of the lot on which the use is located to the nearest lot line of the lot on which the required parking is located.
When the required parking is provided on a lot other than the lot on which the use to be served is located, a copy of a recorded deed or covenant shall be filed with the Community Development Department which provides that the parking lot is restricted for parking for the use served and shall be used for no other purpose unless the required parking is met in some other way in accordance with the requirements of this Chapter.
(Ord. 90-917 § 3)
§ 9162.41 Off-Street Parking - Automobile Parking Stall Size.
A.
The minimum dimensions for required automobile parking spaces shall be as follows:
Type | Dimensions |
|---|---|
Residential uses (open and carport parking) | 9 feet in width by 20 feet in length. |
Residential uses (garage spaces) | Unobstructed minimum interior dimension of 20 feet in width by 20 feet in length for lots minimum 50 feet wide and 18 feet in width by 20 feet in length for lots less than 50 feet wide. |
All other uses | 8-1/2 feet in width by 18 feet in length. |
Compact vehicle spaces | 8 feet in width by 15 feet in length. |
Parallel parking spaces | Length shall be increased to 24 feet (18 feet for the parking space plus 6 feet for maneuvering) for both standard and compact vehicles. |
Parking spaces whose length abuts a wall, fence, building or other obstruction more than 10 inches in height. | Minimum width of 10 feet. |
B.
Any parking space of a ninety (90) degree bay which is adjacent to the terminus of a driveway or aisleway shall either be twelve (12) feet in width, or the driveway or aisleway shall be extended three (3) feet beyond the last parking space.
(Ord. 89-868 § 2; Ord. 87-821 § 8)
§ 9162.42 Off-Street Parking - Parking for the Disabled and Associated Signing and Ramping.
This Section shall apply to all new on-site visitor, guest, customer and employee parking except for single-family residential uses only.
A.
Parking. Parking spaces for the disabled shall be located as near as practical to a primary entrance.
When practical, the handicap accessible route of travel shall not cross lane/aisles for vehicular traffic. When crossing vehicular traffic lanes is necessary, the route of travel shall be designated and marked as a crosswalk.
When a standard handicap space is provided, it should be fourteen (14) feet wide, striped to provide a nine (9) foot parking area and a five (5) foot loading and unloading area. When more than one (1) standard handicap parking space for the disabled is provided, two (2) spaces may be provided within a twenty-three (23) foot wide area lined to provide a nine (9) foot wide parking space on each side of a five (5) foot wide loading and unloading area. Each parking space shall be at least eighteen (18) feet long.
A bumper or wheel stop shall be required for each parking space for the disabled to prevent cars from encroaching over the required width of paths and walkways.
Ramps located at the front of a parking space for the disabled may encroach into the length of the space as long as they do not limit a handicapped person's ability to leave or enter his vehicle. (The maximum recommended distance from the curb to the end of the ramp is sixty (60) inches.) Where an unreasonable hardship exists, due to the size or location of the parking spaces, equivalent facilitation shall be provided.
Surface slopes of parking spaces for the disabled shall not exceed one-quarter (1/4) inch per foot or two (2) percent in any direction.
One (1) in every accessible spaces, but not less then one (1), shall be served by an access aisle eight (8) feet wide minimum and shall be designated as van accessible.
Number of handicapped spaces required:
Total Parking in Lot | Required Minimum Number of Accessible Spaces |
|---|---|
1 to 25 | 1 |
26 to 50 | 2 |
51 to 75 | 3 |
76 to 100 | 4 |
101 to 150 | 5 |
151 to 200 | 6 |
201 to 300 | 7 |
301 to 400 | 8 |
401 to 500 | 9 |
1,001 and over | 2 percent of total 20 plus 1 for each 100 over 100 |
B.
Signing. All parking spaces reserved for the handicapped shall be identified as prescribed by Section 22511.8 (or any successor section to the same effect) of the Vehicle Code. All signs and markings used for this purpose shall conform to the uniform standards and specifications adopted by the California Department of Transportation.
Accessible handicap parking spaces shall be designated as reserved by a sign showing the symbol of accessibility. Van accessible handicap parking spaces shall have an additional sign "Van Accessible" mounted below the symbol of accessibility. Such signs shall be located so they cannot be obscured by a vehicle parking in the space.
In addition to the above requirements, the surface of each accessible parking space or stall shall have a surface identification outlining a profile view of a wheelchair with occupant in white on the background. The profile view shall be located so that it is visible to a traffic enforcement officer when a vehicle is properly parked in the space and shall be three (3) feet high by three (3) feet wide.
C.
Curb Ramps. Curb ramps shall be constructed at each corner of a street intersection and where a pedestrian way crosses a curb. Ramps shall be a minimum of four (4) feet in width and shall lie in a single slope plain.
Curb ramps shall be constructed in conformance with California Department of Transportation Standard Plan N8-B (or any successor plan to the same effect).
(Ord. 92-995 §§ 1 – 3; Ord. 86-731 § 1; Ord. 83-636 § 1)
§ 9162.43 Off-Street Parking - Compact Automobile Parking Spaces.
For commercial parking, industrial parking, and guest parking for residential condominiums and multi-family dwellings, not more than one-third (1/3) of the total parking spaces may be designed and reserved for the parking of compact vehicles. Such spaces shall be so designated either by signing or marking. Where feasible, the parking area shall be designed in such a manner that the compact spaces are not situated along the primary means of access nor directly opposite another compact space.
(Ord. 87-821 § 9; Ord. 85-720 § 12)
§ 9162.51 Off-Street Parking - Standards for Automobile Parking Lot Design.
Automobile parking lots and areas shall comply with the standards set forth in the following table:
STANDARD SIZE PARKING SPACES FOR RESIDENTIAL USE (9 x 20 PARKING SPACES) | |||||
|---|---|---|---|---|---|
Overall | |||||
Angle | Stall Depth | Aisle | Layout Length | Single Loaded | Double Loaded |
a | b | c | d | e | f |
30° | 18 | 12 | 18 | 30 | 48 |
45° | 21 | 15 | 13 | 36 | 57 |
60° | 22 | 20 | 10.5 | 42 | 64 |
90° | 20 | 26 | 9 | 46 | 66 |
SUGGESTED STANDARD SIZE PARKING SPACES FOR ALL OTHER USES (9 x 18 PARKING SPACES) | |||||
|---|---|---|---|---|---|
Overall | |||||
Angle | Stall Depth | Aisle | Layout Length | Single Loaded | Double Loaded |
a | b | c | d | e | f |
30° | 17 | 12 | 18 | 29 | 46 |
45° | 19 | 15 | 13 | 34 | 53 |
60° | 20 | 20 | 10.5 | 40 | 60 |
90° | 18 | 26 | 9 | 44 | 62 |
MINIMUM STANDARD SIZE PARKING SPACES FOR ALL OTHER USES (8.5 x 18 PARKING SPACES) | |||||
|---|---|---|---|---|---|
Overall | |||||
Angle | Stall Depth | Aisle | Layout Length | Single Loaded | Double Loaded |
a | b | c | d | e | f |
30° | 16.5 | 12 | 17 | 28.5 | 45 |
45° | 18.5 | 15 | 12 | 33.5 | 52 |
60° | 20 | 20 | 10 | 40 | 60 |
90° | 18 | 26 | 8.5 | 44 | 62 |
MINIMUM COMPACT SIZE PARKING SPACES FOR ALL USES (8 x 15 PARKING SPACES) | |||||
|---|---|---|---|---|---|
Overall | |||||
Angle | Stall Depth | Aisle | Layout Length | Single Loaded | Double Loaded |
a | b | c | d | e | f |
30° | 14.5 | 12 | 16 | 26.5 | 41 |
45° | 16 | 15 | 11 | 31 | 47 |
60° | 17 | 20 | 9 | 37 | 54 |
90° | 15 | 26 | 8 | 41 | 56 |
MINIMUM STANDARD SIZE PARKING SPACES FOR EMPLOYEES ONLY IN INDUSTRIAL AND COMMERCIAL USES* (8 x 18 PARKING SPACES) | |||||
|---|---|---|---|---|---|
Overall | |||||
Angle | Stall Depth | Aisle | Layout Length | Single Loaded | Double Loaded |
a | b | c | d | e | f |
30° | 16 | 12 | 16 | 28 | 44 |
45° | 18.5 | 15 | 11 | 33.5 | 52 |
60° | 19.5 | 20 | 9 | 39.5 | 59 |
90° | 18 | 26 | 8 | 44 | 62 |
*Only if approved pursuant to a discretionary zoning approval by the Planning Commission. |
 |
(Ord. 87-821 § 10)
§ 9162.52 Off-Street Parking - Landscaping Requirements.
A.
Interior Parking Lot Facilities.
1.
Except for parking lot facilities serving retail petroleum outlets, all required automobile parking facilities and any parking facilities visible from the public right-of-way shall have interior landscaping of not less than five (5) percent of the area of such facilities.
2.
Required setback landscaping abutting a street, sidewalk or structure, and border plantings up to five (5) feet in width abutting a building, shall not be considered as interior landscaping for the purposes of this Section.
3.
No interior landscaping shall be located in a truck maneuvering or truck loading area.
4.
Interior landscaping shall be arranged so as to provide shade for vehicles and to enhance visual attractiveness from adjoining streets and walkways.
5.
Interior landscaping shall be maintained with an irrigation system, permanently installed, which delivers water to all landscaped areas.
6.
All landscaped areas and parking facilities shall be maintained to present an attractive appearance at all times.
7.
Unless the Director shall determine that such is not feasible, all interior areas of outdoor parking facilities which, as a result of the parking design, are unused and which are visible from a public street or walkway shall be landscaped and maintained with an irrigation system, permanently installed, which delivers water directly to all landscaped areas. Such landscaping may be included in computing the five (5) percent interior landscaping requirement.
B.
Screening.
1.
If a parking facility is located adjacent to a public street or walkway, there shall be a landscaped strip, not less than ten (10) feet in width, running parallel to and along the public street or walkway, excluding space devoted to driveways and other access points. Such landscaped strip shall not be included in computing the five (5) percent landscaping requirement. All landscaped strips shall be maintained with an irrigation system, permanently installed, which delivers water directly to all landscaped areas.
2.
All parking facilities, and truck parking, loading and maneuvering areas, shall be screened from the public right-of-way. Such screening may be accomplished by use of a decorative wall, a retaining wall, mounded landscaping planter, a densely landscaped planter, or a combination thereof.
3.
All decorative walls used for screening shall be architecturally designed and treated so as to be compatible with existing or proposed improvements on the site, and shall comply with the following requirements:
a.
In a required setback abutting a public right-of-way, no decorative wall shall exceed three and one-half (3-1/2) feet in height.
b.
A decorative wall in a required setback abutting a public right-of-way and not within a manufacturing zone may be of a maximum height of six (6) feet; provided, that it does not impair visibility by obscuring more than ten (10) percent of the area in the vertical plane above three and one-half (3-1/2) feet. Such wall shall be tapered or eliminated within three (3) feet of any driveway or access point to protect against damage from vehicular traffic.
c.
Decorative walls within a manufacturing zone which are not within a required setback may exceed eight (8) feet in height. Such decorative walls shall be designed and scaled so that their mass and height is compatible with other existing or proposed improvements on the site.
C.
Setbacks. Any front, side or rear setback shall be landscaped which: (1) contains no permitted encroachment by a structure, parking facility, or other site development improvement; (2) is adjacent to a public right-of-way; and (3) is visible from the public right-of-way. Such landscaping shall be maintained with an irrigation system, permanently installed, which delivers water to all landscaped areas. Such landscaping shall not be included in the computation of the five (5) percent interior landscaping requirement.
D.
Specific Landscaping and Irrigation Requirements.
1.
Any area required by this Section to be landscaped, or any landscaping area otherwise provided, excluding single-family dwellings, shall have a permanently installed, well-balanced automatic irrigation system and shall be operated by electrically timed controller stations set for early morning irrigation.
2.
Irrigation systems for landscaping covering clay soils and slope areas shall be equipped with low output sprinkler heads permitting a slow water application rate.
3.
Prior to installing any landscape irrigation system, the area to be landscaped shall be scarified and covered with a mixture of not less than four (4) inches of topsoil, preferably native topsoil, in a reasonable quantity and type approved by the Director.
4.
All landscaped areas which abut a walkway, driveway, parking space, loading area, or public right-of-way, and are not protected by a wall, shall be enclosed with six (6) inch by six (6) inch concrete curbing.
5.
All landscaping and irrigation plans shall be prepared by a licensed landscape architect.
6.
Any landscaped area or parking area which becomes deteriorated or blighted shall be replaced or repaired to the satisfaction of the Community Development Department.
(Ord. 90-905 § 3; Ord. 89-890 §§ 1 – 3; Ord. 87-821 § 11; Ord. 78-442; Ord. 79-479 § 10)
§ 9162.53 Off-Street Parking - Lighting.
All lighting of off-street parking areas shall be directed away from nearby residential properties and streets. Such lighting shall be arranged and controlled so as not to create a nuisance or hazard to traffic or to the living environment.
Any person, firm or corporation violating any-provision of this Section shall be guilty of an infraction and shall be punishable as provided in Chapter 2 of Article I of this Code.
(Ord. 79-479 § 10)
§ 9162.55 Off-Street Parking - Perimeter Guards.
Bumper guards, wheel stops or concrete curbing shall be provided for all parking spaces other than parking spaces within a garage or carport, abutting the perimeter of a parking space area where such perimeter is within fifteen (15) feet of a building, structure, public right-of-way or lot line. Pedestrian walkways shall not be deemed to be perimeter guards. Bumper guards, wheel stops or concrete curbing shall be set back from a building, structure, public right-of-way or lot line at least two (2) feet for compact spaces and three (3) feet for standard spaces. Such setback, whether two (2) feet or three (3) feet, shall be considered part of the required parking stall length.
(Ord. 89-890 § 4; Ord. 87-821 § 12; Ord. 79-479 § 10)
§ 9162.56 Off-Street Parking - Marking of Automobile Parking Areas.
A.
All parking spaces, excluding those within a residential parking area having four (4) or fewer spaces, shall be marked with stripes in a manner clearly showing the layout of the parking stalls.
B.
Parking spaces for institutional, commercial and industrial uses shall be double-striped with the stall widths measured from the midpoints of the double-striped markings; provided, however, that "employees only" parking spaces in commercial and industrial uses may be single-striped.
C.
Parking spaces for residential uses may be single-striped.
D.
Parallel parking spaces shall be marked so as to provide a maneuvering length of not less than six (6) feet.
(Ord. 89-890 § 5; Ord. 87-821 § 13; Ord. 79-479 § 10)
§ 9162.61 Truck Loading and Maneuvering - Truck Maneuvering and Loading Facility Standards.
A.
"Truck loading facility" shall mean an off-street truck loading area, zone, ramp, door, well or dock.
B.
A truck loading facility which is required or provided pursuant to CMC § 9162.63 shall be designed in accordance with the Truck Maneuvering and Loading Facility Standards adopted pursuant to CMC § 9172.15 and shall comply with all requirements of this Division 2, including, to the extent feasible, the design standards set forth in CMC § 9162.62.
(Ord. 87-821 § 14; Ord. 80-534 § 1; Ord. 80-532 § 9; Ord. 79-479 § 10)
§ 9162.62 Truck Loading and Maneuvering - Design Standards for Truck Loading Facilities, Maneuvering Areas, and Parking and Stacking Spaces.
A.
The following standards shall be mandatory in connection with the design and construction of truck loading facilities, maneuvering areas, and parking and stacking spaces.
1.
Loading zones, loading areas, loading and off-loading operations, and on-site truck movements shall be designed or arranged so as to minimize interference with, and not constitute a hazard to, pedestrian traffic, automobile maneuvering and parking, access to ramps and wells, and other on-site activities.
2.
The site containing a truck loading facility shall be designed to safely accommodate on-site maneuvers of double body trucks and to permit such trucks to enter and exit the site in a forward direction and thereby avoid backing from or into a public street.
3.
A truck loading facility, whether involving a loading ramp, well or dock, shall be designed and constructed so as to provide for double body truck loading and maneuvering.
B.
The following standards shall, to the extent feasible, apply to the design and construction of truck loading facilities, maneuvering areas, and parking and stacking spaces:
1.
Provide for safe ingress of trucks from a public street or alley. Trucks must be able to access a site by turning right from a position with the left side of the vehicle not more than twenty (20) feet from the right curb face or, if none, the edge of the pavement. On the left side of any one-way street, trucks must be able to access a site by turning left from a position with the right side of the vehicle not more than twenty (20) feet from the left curb face or, if none, the edge of the pavement.
2.
Locate and design truck loading facilities so as to minimize exposure to the public view. These facilities are required to be screened from public view by landscaping, buildings or walls.
3.
Provide for the safe egress of trucks into a public street or alley by designing driveway accesses so that trucks can make a right turn from the driveway without encroaching on to any raised or marked median, or driving to the left of a double yellow stripe. Left turns are permitted.
4.
Avoid any public nuisance or hazard, such as tracking of mud, or blowing and spillage of loose cargo.
5.
Avoid on-site backing maneuvers of more than two hundred (200) feet to position a truck into the area of a loading facility.
6.
Ensure that locations of loading facilities do not block on-site traffic flow or required automobile parking spaces.
7.
Off-set driveway locations to discourage the direct backing of trucks from the street to the area of a loading facility.
8.
Ensure that all areas for truck maneuvering and loading facilities, including the complete turning radii, are clear and unobstructed at all times.
9.
Design all paving, bumper guards, landing strips, wells, ramps, etc., to facilitate easy maintenance.
10.
Design the site to encourage trucks to circulate in a counterclockwise direction, since lefthand turns by large vehicles enable the driver to see more easily the rear of the vehicle.
11.
Set back entry driveway gating far enough to allow a truck of the required size (thirty-three (33) or fifty-five (55) feet) to stop completely off the public right-of-way when the gate is closed.
(Ord. 87-821 § 15; Ord. 79-479 § 10)
§ 9162.63 Truck Loading and Maneuvering - Truck Loading Facilities and Maneuvering Areas Required.
A.
Unless exempted under the provisions of subsection B of this Section, all commercial and industrial uses shall provide a truck loading facility, as defined in CMC § 9162.61(A), which truck loading facility and related truck maneuvering area shall comply with all applicable requirements of this Division 2.
B.
Subject to the provisions of subsection C of this Section, the following uses shall not be required to provide a truck loading facility:
1.
Temporary uses which are determined by the Director to be exempt from the deed restriction requirement set forth in subsection (B)(2) below.
2.
The following categories of uses, provided, however, that a deed restriction is recorded in the office of the County Recorder so restricting the use and proof of recordation, satisfactory to the Director, is submitted:
a.
Education uses.
b.
Recreation uses.
c.
Public assembly uses.
d.
Public and quasi-public uses.
e.
Office uses.
f.
Pet cemeteries.
g.
Arcades.
h.
Uses similar to those set forth in paragraphs a through g above, as determined in accordance with the Interpretation Procedure of CMC § 9172.24.
C.
Notwithstanding subsection B of this Section, a truck loading facility shall be required in each of the following instances:
1.
Whenever the Director determines that an otherwise exempt use will generate a need for a truckloading facility.
2.
Whenever a door larger than eight (8) feet by eight (8) feet is provided, unless the Director determines that such door cannot be utilized or is not intended to be utilized for loading and unloading.
3.
Whenever a door equal to or less than eight (8) feet by eight (8) feet is provided, and the Director determines that such door can be utilized or is intended to be utilized for loading and unloading.
4.
Where a truck loading facility for a specific type of industrial use is required by the applicable provisions of CMC § 9162.65 or by the provisions of Part 4 of this Chapter 1.
(Ord. 87-821 § 16)
§ 9162.64 Truck Loading and Maneuvering - Truck Vehicle Space Specifications.
The minimum truck vehicle space specifications are established as follows:
REAR ACCESS REQS. | SIDE ACCESS REQS. | ||||||
|---|---|---|---|---|---|---|---|
Type | Size | Turning Radius | Loading/ Stacking/ Parking | Maneuvering | Dock Approach Length | Maneuvering | Dock Approach Length |
Single Body Truck | 10 ft. x 33 ft. | 45 ft. | 12 ft. x 33 ft. | 33 ft. | 66 ft. | 18 ft. | 51 ft. |
Double Body Truck | 10 ft. x 55 ft. | 48 ft. | 12 ft. x 55 ft. | 44 ft. | 99 ft. | 36 ft. | 91 ft. |
(Ord. 87-821 § 17)
§ 9162.65 Truck Loading and Maneuvering - Requirements Relating to Vehicular Parking and Truck Loading, Maneuvering, Parking and Stacking Space for Industrial Uses.
A.
Whenever a truck loading facility is required or provided for an industrial use pursuant to CMC § 9162.63, the development shall comply with the applicable requirements set forth in the following table:
Large Dock-High Loading Facilities | Small Dock-High Loading Facilities | Large Grade Level Loading Facilities | Small Grade Level Loading Facilities | Mini-Storage Self-Storage |
|---|---|---|---|---|
DEFINITIONS | ||||
Facilities with greater than or equal to 25% of their loading doors, either dock-high, ramps or wells and with the single tenant unit size or average multiple tenant unit size greater than 5,000 square feet. | Facilities with greater than or equal to 25% of their loading doors, either dock-high, ramps or walls, and with the single tenant unit size or average in multiple tenant unit size less than 5,000 square feet. | Facilities with less than 25% of their loading doors, either dock-high, ramps or walls, and with the single tenant unit size or average multiple tenant unit size greater than 10,000 square feet. | Facilities with less than 25% of their loading doors, either dock-high, ramps or walls, and with the single tenant unit size or average multiple tenant unit size less than 10,000 square feet. | Units under 300 square feet in size for the sole purpose of storing household goods or business related documents. |
VEHICULAR PARKING REQUIREMENTS | ||||
Whichever of the following results in the greater requirement: | Whichever of the following results in the greater requirement: | Whichever of the following results in the greater requirement: | Whichever of the following results in the greater requirement: | 1 parking space per 20 units of storage area plus 1 parking space per 300 square feet of office area plus 2 covered parking spaces for a caretaker unit. |
A. Warehousing use = 1 parking space per 1,500 square feet of gross floor area; | A. Warehousing use = 1 parking space per 1,000 square feet of gross floor area; | A. Warehousing use = 1 parking space per 750 square feet of gross floor area; | A. Single tenant unit size or average multiple tenant unit size under 3,000 square feet; | |
Manufacturing use = 1 parking space per 500 square feet of gross floor area; | Manufacturing use = 1 parking space per 500 square feet of gross floor area; | Manufacturing use = 1 parking space per 500 square feet of gross floor area; | Warehousing and Manufacturing uses = 1 parking space per 500 square feet of gross floor area; | |
Office and Industrial Service uses = 1 parking space per 300 square feet of gross floor area; or | Office and Industrial Service uses = 1 parking space per 300 square feet of gross floor area; or | Office and Industrial uses = 1 parking space per 300 square feet of gross floor area; or | Office and Service uses = 1 parking space per 300 square feet of gross floor area; | |
B. 1 parking space for every 2 employees on the largest shift. | B. 1 parking space for every 2 employees on the largest shift. | B. 1 parking space for every 2 employees on the largest shift. | Single tenant unit size or average multiple tenant unit size over 3,000 square feet: | |
Warehousing uses = 1 parking space per 750 square feet of gross floor area; | ||||
Manufacturing use = 1 parking space per 500 square feet of gross floor area; | ||||
Office and Service uses = 1 parking space per 300 square feet of gross floor area; or | ||||
B. 1 parking space for every 2 employees on the largest shift. | ||||
TRUCK MANEUVERING AND LOADING STANDARDS | ||||
All loading docks, ramps, wells, areas, zones and doors are to be designed for double body vehicles. | All loading docks, ramps, wells, areas, zones and doors are to be designed for double body vehicles. | For primary Warehouse and Manufacturing uses, a minimum of 1 double body loading, dock, area, zone, ramp, well or door is to be provided per 30,000 square feet of gross floor area or 1 per building, whichever results in the greater requirement. The remaining loading doors, zones or ramps can be designed for single body vehicles. | For primary Warehouse and Manufacturing uses, if the single tenant unit size or average multiple tenant unit size is under 3,000 square feet, or if the entire building area is under 30,000 square feet, all loading doors can be designed for single body vehicles. | Whichever standard applies: |
1. Units that are enclosed within a building require designated single body loading areas adjacent to the entrances. | ||||
2. Units that have direct exterior access require single body side loading along the driveway. Typical dimensions for a driveway that serves more than one unit are 20 feet for a driveway plus 20 feet for loading. | ||||
If the single tenant unit size or average multiple tenant unit size is over 3,000 square feet or the entire building area is over 30,000 square feet, a minimum of 1 double body loading door, ramp, zone, well, area or dock is required per 10 ground level units, whichever results in the greater requirement. | ||||
For Office and Service uses, there is no requirement for double body loading facilities. All loading doors can be designed for single body vehicles. All loading doors for all large grade level loading facilities are to be designed at the minimum for single body vehicles. | ||||
All other loading doors can be designed for single body vehicles. | ||||
For Office and Service uses, there is no requirement for double body loading facilities. All loading doors can be designed for single body vehicles. | ||||
All loading doors for all small grade level loading facilities are to be designed at the minimum for single body vehicles. | ||||
TRUCK STACKING/PARKING REQUIREMENTS | ||||
For Warehouse uses, 1 space per 7 loading docks, ramps, doors, zones, wells or areas is required. A minimum of 1 per site is required. | For Warehouse uses, 1 space per 7 loading docks, ramps, doors, wells, zones or areas is required. | For a total gross floor building area under 30,000 square feet or if the site has no loading facilities, there is no requirement. | For a total gross floor building area under 30,000 square feet, or, if the site has no loading facilities, there is no requirement. | No requirement. |
For Manufacturing uses, 1 space per 10 loading docks, doors, ramps, wells, zones or areas is required. A minimum of 1 per site is required for facilities with a gross floor area over 30,000 square feet. | For Manufacturing uses, 1 space per 10 loading docks, doors, ramps, wells or areas is required. A minimum of 1 per site is required for facilities with a gross floor area over 30,000 square feet. | For a total gross floor building area over 30,000 square feet, the following is required: | For a total gross floor building area over 30,000 square feet, the following is required: | |
For Warehouse uses, 1 space per 7 loading docks, doors, ramps, zones, wells or areas. A minimum of 1 per site is required. | For Warehouse uses, 1 space per 7 loading docks, doors, ramps, zones, wells or areas. A minimum of 1 per site is required. | |||
No requirement for Office and Service uses. | No requirement for Office and Service uses. | For Manufacturing uses, 1 space per 10 loading docks, doors, ramps, wells or areas. A minimum of 1 per site is required for facilities with a gross floor area over 30,000 square feet. | For Manufacturing uses, 1 space per 10 loading docks, doors, ramps, wells or areas. A minimum of 1 per site is required for facilities with a gross floor area over 30,000 square feet. | |
No requirement for Office and Service uses. | No requirement for Office and Service uses. | |||
(Ord. 87-821 § 18)
§ 9162.66 Truck Loading and Maneuvering - Marking of Truck Loading and Parking and Stacking Spaces.
Those truck loading facilities consisting of zones, areas and doors shall be marked with stripes in a manner clearly showing the layout of such loading facilities, and shall be striped for the required size truck, either thirty-three (33) or fifty-five (55) feet in length by twelve (12) feet in width. The truck parking and stacking spaces shall be designated.
(Ord. 87-821 § 19)
§ 9162.7 Driveway Access and Traffic Sight Clearance - On-Site Automobile and Truck Maneuvering Standards.
The minimum maneuvering area for trucks sideloading, parking or stacking is eighteen (18) feet for single-body trucks and thirty-six (36) feet for double-body trucks. The minimum maneuvering area for trucks rearloading, parking or stacking is thirty-three (33) feet for single body trucks and forty-four (44) feet for double body trucks. The turning area required to maneuver a truck constitutes the total maneuvering area. The minimum maneuvering area for standard and compact automobiles is set forth in CMC § 9162.51, "Standards for Automobile Parking Lot Design." The minimum maneuvering area for automobiles parallel parking is six (6) feet. For both automobiles and trucks, neither the maneuvering or loading facilities nor parking and stacking spaces are permitted in a building or public right-of-way; provided, however, that loading docks and wells may be located within a building. All maneuvering areas shall be open and unobstructed. Maneuvering areas may serve dual purposes in terms of providing the required maneuvering area for more than one (1) truck, more than one (1) automobile, or a combination of trucks and automobiles. However, any maneuvering area that serves more than one (1) user is required to meet the most restrictive maneuvering standards for the type of truck or automobile involved. Where more than one (1) truck stacking space is provided parallel to another, no maneuvering area is required to be provided other than that adjacent to the first space in the line.
(Ord. 87-821 § 20)
§ 9162.8 Driveway Access and Traffic Sight Clearance - Driveway Widths, Driveway Approaches and Traffic Sight Distance.
A.
The location of driveway approaches, driveway widths, and limitations on the location and height of walls, landscaping, buildings, signs, and other facilities which may affect the operation of vehicles or sight distance at driveway approaches, shall be as required by the Director of Public Works or by the Los Angeles County Fire Prevention Bureau.
B.
Driveway approaches shall be designed as follows:
1.
For commercial, industrial or residential driveway approaches having an anticipated average daily traffic of one hundred (100) vehicles or less, the driveway approach shall be designed as either a standard or flared approach.
2.
For commercial, industrial or residential driveway approaches having an anticipated average daily traffic of more than one hundred (100) vehicles and less than one thousand (1,000) vehicles, the driveway approach shall be designed as a flared approach.
3.
For residential driveway approaches serving more than sixty (60) dwelling units, or each commercial or industrial driveway approach having an anticipated average daily traffic of one thousand (1,000) vehicles or more, the driveway approach shall be designed as a local street with curb, spandrel, and cross gutter, which design shall be approved by the Director of Public Works.
C.
The width of each type of driveway approach and driveway/aisleway shall be as set forth in the following tables; provided, however, that deviations from these standards may be required or permitted by the Director of Public Works if necessary to promote traffic safety or to comply with Fire Department regulations.
STANDARD DRIVEWAY APPROACH WIDTHS | ||
|---|---|---|
Use | Driveway Approach Width | Driveway/ Aisleway Width |
Residential – Single-family shelter | Minimum 12 ft. Maximum 28 ft. | Minimum 12 ft. Maximum 26 ft. |
Residential – Commercial driveway for 4 or less units | Minimum 18 ft. Maximum 28 ft. | Minimum 18 ft. Maximum 26 ft. |
Residential – Common driveway for 4 units or less | Minimum 20 ft. Maximum 28 ft. | Minimum 20 ft. Maximum 26 ft. |
Residential – Common driveway for 5 or more units | Two-Way traffic Minimum 26 ft. Maximum 28 ft. One-way traffic Minimum 12 ft. | Two-Way traffic Minimum 24 ft. Maximum 26 ft. One-way traffic Minimum 12 ft. |
Commercial or Industrial – for public access | Two-Way traffic Minimum 26 ft. Maximum 40 ft. One-way traffic Minimum 14 ft. Maximum 20 ft. | Two-Way traffic Minimum 26 ft. Maximum 38 ft. One-way traffic Minimum 14 ft. Maximum 20 ft. |
Commercial or Industrial – for service access only | Minimum 20 ft. * | Minimum 20 ft. * |
*In all cases, any additional width required for proper turning radii or truck loading facility requirements shall be provided. |
FLARED DRIVEWAY APPROACH WIDTHS | ||
|---|---|---|
Use | Driveway Approach Width | Driveway/ Aisleway Width |
Residential – Single automobile shelter | Minimum 12 ft. Maximum 26 ft. | Minimum 12 ft. Maximum 20 ft. |
Residential – Common driveway for 4 or less units | Minimum 20 ft. Maximum 28 ft. | Minimum 20 ft. Maximum 26 ft. |
Residential – Common driveway for 5 or more units | Two-Way traffic Minimum 24 ft. Maximum 26 ft. One-way traffic Minimum 12 ft. | Two-Way traffic Minimum 24 ft. Maximum 26 ft. One-Way traffic Minimum 12 ft. |
Commercial or Industrial for public access | Two-Way traffic Minimum 26 ft. Maximum 40 ft. One-way traffic Minimum 12 ft. Maximum 27 ft. | Two-Way traffic Minimum 26 ft. Maximum 38 ft. One-Way traffic Minimum 12 ft. Maximum 27 ft. |
Commercial or Industrial for service access only | Minimum 20 ft. | Minimum 20 ft. |
LOCAL STREET DRIVEWAY APPROACH WIDTHS | ||
|---|---|---|
Use | Driveway Approach Width | Driveway/ Aisleway Width |
Residential | Minimum 32 ft. width, 15 ft. radius, curb returns | Minimum 32 ft. width |
Commercial or Industrial | Minimum 38 ft. width with 25 ft. radius, curb returns | Minimum 38 ft. width |
For purposes of utilizing this table, the anticipated average daily traffic for each use shall be based on the Standard Traffic Generation Table prepared by the San Diego Association of Governments or such other source as may be specified by the Public Works Director.
Refer to CMC § 9162.51 to determine driveway or aisleway widths that provide direct access to an automobile or truck parking space.
(Ord. 91-445 § 2; Ord. 87-821 § 21)
§ 9163.2 Noise-Absorbing Walls on Residential Lot Lines.
Where a building is permitted to be located on a residential lot line under CMC § 9126.24, the building wall along the lot line shall have no openings and shall be of a type of construction that has a minimum rating of 35 STC (Sound Transmission Class).
§ 9164.1 Purpose, Definitions and Applicability.
A.
The purpose of this Division 4 is to establish reasonable standards to ensure that adequate and convenient areas for collecting and loading of trash and recyclable materials are provided for development projects.
B.
For the purposes of this Division 4, the following terms shall be defined as follows:
1.
"Development Project"
shall mean any of the following:
a.
A project for which a building permit is required for a commercial, industrial, or institutional building, or residential building having five (5) or more living units, where solid waste is collected and loaded and any residential project where solid waste is collected and loaded in a location serving five (5) or more living units.
b.
Any new public facility where solid waste is collected and loaded and any improvements for areas of a public facility used for collecting and loading solid waste.
2.
"Recycling Area (Areas for Recycling)"
shall mean space allocated for collecting and loading of recyclable materials. Such areas shall have the ability to accommodate receptacles for recycling materials. Recycling areas shall be accessible and convenient for those who deposit as well as those who collect and load any recyclable materials placed therein.
C.
Subject to provisions set forth in this Division 4, single-family residential development is exempt from CMC § 9164.2 (Residential Trash Areas) and 9164.4 (Collection and Loading of Recycling Materials), and residential multiple-family development (four (4) or less units), is exempt from CMC § 9164.4 (Collection and Loading of Recyclable Materials).
(Ord. 93-1013 § 5)
§ 9164.2 Residential Trash Areas.
For each lot developed with multiple dwellings or group quarters, trash and garbage collection and storage areas shall be provided to secure the residential uses as set forth in this Section.
A.
Location. All trash areas shall be located and arranged both for convenience to residents and for convenient vehicular access and pick-up and shall not interfere with other pedestrian or vehicular traffic.
B.
Enclosure. Trash areas shall be either enclosed within a building or be bounded on three (3) sides by walls, six (6) feet in height, of material compatible in color, texture and appearance with the main structure and having a gated opening of sufficient width to permit the removal and replacement of standard size commercial trash bins. The gate of said enclosure shall be self-closing and constructed of solid, opaque material. Trash bins shall remain in the enclosure, except during trash pick-up. All trash areas shall include a four (4) inch concrete pad.
C.
Number and Size.
1.
For residential facilities of one (1) to three (3) units: No specific number or size requirement.
2.
For residential facilities of four (4) to twelve (12) units, trash areas shall be provided as follows:
a.
If individual trash areas are provided, the individual trash areas shall be at least three (3) feet by four (4) feet for each unit, and there shall be one (1) additional area of at least three (3) feet by four (4) feet.
b.
If a common trash area is provided, the common trash area shall be at least four and one-half (4-1/2) by six (6) feet with not less than five (5) square feet of additional space for each unit over four (4).
3.
For residential facilities of more than twelve (12) units, trash areas shall be provided as follows:
a.
If individual trash areas are provided, the individual trash areas shall be at least three (3) feet by four (4) feet for each unit, and there shall be one (1) additional area of at least four and one-half (4-1/2) feet by six (6) feet.
b.
If a common trash area is provided, the common trash area shall be at least four and one-half (4-1/2) feet by fifteen (15) feet with an additional five (5) square feet of trash area for each unit over thirteen (13).
(Ord. 93-1013 § 5)
§ 9164.3 Nonresidential Trash Areas.
For each lot developed with a nonresidential use, adequate trash and garbage collection and storage areas shall be provided to accommodate all accumulation of refuse on the premises, subject to the following minimum requirements.
A.
Location. All trash areas shall be located and arranged both for convenient vehicular access and pick-up and shall not interfere with other pedestrian and vehicular traffic.
B.
Enclosures. Trash areas shall be either enclosed within a building or be bounded on three (3) sides by walls, six (6) feet in height, of materials compatible in color, texture and appearance with the main structure and having a gated opening of sufficient width to permit the removal and replacement of standard size commercial trash bins. The gate of said enclosure shall be self-closing and constructed of solid opaque material. Trash bins shall remain in the enclosure, except during trash pick-up. All trash areas shall include a four (4) inch concrete pad. Trash enclosure requirements for an industrial use may be waived if, in the opinion of the Director, such facilities are not within public view and are consistent with existing and anticipated development.
C.
Number and Size. There shall be at least one (1) outdoor trash storage area. Each trash storage area shall be at least four and one-half (4-1/2) feet by six (6) feet.
(Ord. 93-1013 § 5)
§ 9164.4 Collection and Loading of Recyclable Materials.
A.
General Requirements.
1.
Any new development project for which an application for a building permit is submitted (on or after September 1, 1993) and any improvements for areas of a public facility used for collecting and loading solid waste shall provide adequate, accessible and convenient areas for collecting and loading recyclable materials.
2.
Any existing development project for which an application for a building permit is submitted (on or after September 1, 1993) for a single alteration subsequently performed that adds thirty (30) percent or more square footage to the existing floor area of the development project shall provide adequate, accessible, and convenient areas for collection and loading recyclable materials.
3.
Any existing development project for which multiple applications for building permits are submitted within a twelve (12) month period (beginning on or after September 1, 1993) for multiple alterations which are subsequently performed that collectively add thirty (30) percent or more square footage to the existing floor area of the development project shall provide adequate accessible and convenient areas for collecting and loading recyclable materials.
4.
Any existing development project occupied by multiple tenants, one (1) of which submits (on or after September 1, 1993) an application for a building permit shall comply with the following requirements:
a.
For a single alteration which is subsequently performed that adds thirty (30) percent or more square footage to the existing floor area of that portion of the development project which said tenant leases shall provide adequate, accessible and convenient areas for collecting and loading recyclable materials. Such recycling areas shall, at a minimum, be sufficient in capacity and number of distribution to serve that portion of the development project which said tenant leases.
b.
For multiple alterations which are conducted within a twelve (12) month period which collectively adds thirty (30) percent or more square footage to the existing floor area of that portion of the development project which said tenant leases shall provide adequate, accessible and convenient areas for collecting and loading recyclable materials. Such recycling areas shall, at a minimum, be sufficient in capacity, number and distribution to serve that portion of the development project which said tenant leases.
5.
Any existing development project occupied by multiple tenants and space, which submits within a twelve (12) month period (beginning on or after September 1, 1993) multiple applications for building permits for multiple alterations which are subsequently performed that collectively add thirty (30) percent or more square footage to the existing floor area of that portion of the development project which said tenant leases shall provide adequate, accessible and convenient areas for collecting and loading recyclable materials. Such recycling areas shall at a minimum be sufficient in capacity, number and distribution to serve that portion of the development project which said tenant leases.
6.
Any costs associated with adding recycling space to existing development projects shall be the responsibility of the party or parties who are responsible for financing the alterations.
B.
Location.
1.
All recycling areas shall be located and arranged both for convenient vehicular access and pick-up and shall not interfere with other pedestrian and vehicular traffic patterns.
2.
Recycling areas shall not be located in any area required by this Chapter to be constructed or maintained as unencumbered, according to fire and other applicable building and/or public safety laws.
3.
Any recycling area(s) shall be located so they are at least as convenient as the location(s) where solid waste is collected and loaded. Whenever feasible, areas for collecting and loading recyclable materials should be adjacent to or incorporated within the trash collection areas.
4.
Each recycling area within a multi-family residential development shall be no greater than two hundred fifty (250) feet from each living unit.
C.
Enclosures. Recycling areas shall be either enclosed within a building or be bounded on three (3) sides by walls, six (6) feet in height, of materials compatible in color, texture and appearance with the main structure and having a gated opening of sufficient width to permit the removal and replacement of standard size commercial recycling bins. The gate of said enclosure shall be self-closing and constructed of solid opaque material. Bins shall remain in the enclosure except during trash pick-up. All recycling areas shall include a four (4) inch concrete pad. Recycling enclosure requirements for an industrial use may be waived if, in the opinion of the Director, such facilities are not within public view and are consistent with existing and anticipated development in the area.
D.
Number and Size. There shall be at least one (1) outdoor recycling storage facility. Recycling enclosures shall be adequate in capacity, number, distribution and size to serve the development and its recycling needs. An adequate number of bins or containers to allow for the collection and loading of recyclable materials generated by the development should be located within the recycling areas of development projects. Dimensions of the recycling areas shall accommodate containers consistent with current methods of collection in the area in which the project is to be located.
(Ord. 93-1013 § 5)
§ 9164.5 Design Standards for Trash and Recycling Areas.
A.
The following standards shall be mandatory in connection with the design and construction of trash and/or recycling areas.
1.
All trash and recycling areas shall include a four (4) inch concrete pad.
2.
The design and construction of trash and recycling areas shall be compatible with surrounding land uses. Materials of walls shall be compatible in color, texture and appearance with the main structure.
3.
Recycling areas shall be secured to prevent the theft of recyclable materials by unauthorized persons, while allowing authorized persons access for disposal of materials.
4.
Recycling areas or the bins or containers placed therein must provide protection against adverse environmental conditions which might render the collected materials unmarketable.
5.
Driveways or travel aisles shall provide unobstructed access for collection vehicles and personnel and provide at least the minimum clearance required by the collection methods and vehicles utilized by the hauler in the area in which the development project exists.
6.
A sign clearly identifying all recycling and solid waste collection and loading areas and the materials accepted therein shall be posted adjacent to all points of access to the recycling areas.
7.
The property owner is responsible for arranging the pick up of recyclable materials. Recyclable material shall not be allowed to accumulate such that a visual or public health or safety nuisance is created.
8.
Trash and recycling enclosures may not be located in any required parking, landscape or setback area.
9.
Trash and recycling enclosures may not be located in alleyways or other City owned right-of-way, where they may disrupt circulation patterns.
B.
The following standards shall, to the extent feasible, apply to the design and construction of trash and/or recycling areas:
1.
Residential developers and property owners are encouraged to include recycling areas or systems within the residence; such as roll-out drawers below the sink for recycling receptacles; fire-proof, cleanable, secure chutes from the living space to the space for collecting and loading recyclable materials, etc. Recommended internal storage space for individual living units or residential development projects is three (3) cubic feet.
2.
Exterior trash and recycling enclosures should be designed to allow walk-in access without having to open the main enclosure gate or door.
(Ord. 93-1013 § 5)
§ 9165.1 Transportation Demand and Trip Reduction Measures.
A.
The purpose of this Division 5 is to establish reasonable standards to ensure that, pursuant to the City's General Plan, all necessary transportation demand and trip reduction measures are completed, constructed and adequately provided for prior to the issuance of building permits for certain new buildings and structures and prior to their use and occupancy.
B.
The provisions of this Division 5 shall not apply to existing buildings or structures, if such buildings or structures comply with all other applicable requirements of this Chapter.
C.
The provisions of this Division 5 shall apply to all new buildings or structures to be constructed, and the expansion or addition to an existing building or structure. The alteration or interior modification to an existing building or structure shall be considered an expansion if in the determination of the Director, there is a change in occupancy or usage of the building or structure which would require a significant increase in the number of offstreet automobile parking spaces for the primary or intended use. Any expansion, addition or intensification of use which is subject to the provisions of this Division shall be required to provide only the transportation demand and trip reduction measures needed to serve the expansion, addition or intensification of the use.
(Ord. 93-1002 § 1)
§ 9165.2 Transportation Information.
Nonresidential development of twenty-five thousand (25,000) square feet or more shall provide the following:
A.
A bulletin board, display case, or kiosk displaying information located where the greatest number of employees are likely to see it. Information shall include, but is not limited to, the following:
1.
Current maps, routes, and schedules for public transit routes serving the site;
2.
Telephone numbers for referrals on transportation information including numbers for the regional ridesharing agency and local transit operators;
3.
Ridesharing promotional material supplied by commuter-oriented organizations;
4.
Bicycle route and facility information, including regional/local bicycle maps and bicycle safety information;
5.
A listing of facilities available for carpoolers, vanpoolers, bicyclists, transit riders and pedestrians at the site.
(Ord. 93-1002 § 1)
§ 9165.3 Bicycle Parking and Preferential Automobile Parking Spaces.
Nonresidential development of fifty thousand (50,000) square feet or more shall comply with CMC § 9165.2 and shall provide all of the following measures:
A.
Not less than 10 percent of employee parking area shall be located as close as is practical to the employee entrance(s), and shall be reserved for use by potential carpool/vanpool vehicles, without displacing handicapped and customer parking needs. The preferential carpool/vanpool parking area shall be identified on the site plan upon application for building permit and be approved by the Director. A statement that preferential carpool/vanpool spaces for employees are available and a description of the method for obtaining such spaces must be included on the required transportation information board (CMC § 9165.2). Spaces must be signed or striped designating them for carpool/vanpool parking.
Employee parking shall be calculated as follows:
Type of Use | Percent of Total Required Parking Devoted to Employees |
|---|---|
Commercial | 30% |
Office/Professional | 85% |
Industrial/Manufacturing | 90% |
B.
Preferential parking spaces reserved for vanpools must be accessible to vanpool vehicles. When located in a parking structure, a minimum vertical interior clearance of seven (7) feet two (2) inches shall be provided for those spaces and accessways to be used by such vehicles. Adequate turning radii and parking space dimensions shall be included in vanpool parking areas.
C.
Bicycle racks or other secure bicycle parking shall be provided to accommodate four (4) bicycles for the first fifty thousand (50,000) square feet of nonresidential development and one (1) bicycle for each additional fifty thousand (50,000) square feet of nonresidential development. Calculations which result in a fraction of 0.5 or higher shall be rounded up to the nearest whole number. A bicycle parking facility may also be a fully enclosed space or locker accessible only to the owner or operator of the bicycle which protects the bicycle from inclement weather. Specific facilities and location (e.g., provision of racks, lockers, or locked room) shall be approved by the Director.
D.
Nonresidential development of one hundred thousand (100,000) square feet or more shall comply with CMC § 9165.2 and this Section, and shall provide all of the following measures:
1.
A safe and convenient zone in which vanpool and carpool vehicles may deliver or board their passengers.
2.
Sidewalks or other designated pathways following direct and safe routes from the external pedestrian circulation system to each building in the development.
3.
If determined necessary by the Director to mitigate the project impact, bus stop improvements shall be provided. The Director will consult with the Director of Engineering Services and local bus service providers in determining appropriate improvements. When locating bus stops and/or planning building entrances, entrances must be designed to provide safe and convenient access to nearby transit stations/stops.
4.
Safe and convenient access from the external circulation system to bicycle parking facilities onsite.
(Ord. 93-1002 § 1)
§ 9166.1 Project Grading.
If project grading requires the removal or importation of more than 10,000 cubic yards of dirt, soil, sand, gravel, rock, clay, decomposed granite or other similar material from or to a lot, and if more than 20 occupied dwelling units in single-family dwellings, multiple-family dwellings or mobile homes, or any combination thereof, or a hospital or accredited public school by the Education Code of the State of California is located within a parallel corridor 300 feet wide on each side of and measured from the edge of the existing right-of-way of the streets forming the proposed transport route, and within a distance equal to the extent of such route, or, within a distance of 2,640 feet, whichever is less, measured from the proposed point of access to such project, then a person shall not engage in project grading in any zone unless such a person either:
A.
Obtains a Conditional Use Permit; or
B.
Submits a plot plan to the Director, who shall approve the plan upon finding that the proposed project grading will comply with the requirements of this Division. The plan approval shall be valid for the time stated by the Director. If no time is stated, such approval shall be good for one (1) year. If the Director finds that there is good cause shown, and that the applicant, in moving material pursuant to such approval, has not violated this or any other ordinance or statute, he may extend the duration of such approval for not more than one (1) year if the applicant files a request for such extension prior to the expiration date of his original approval. Only one (1) extension may be granted.
If more than one hundred thousand (100,000) cubic yards of material are to be moved, and the project is not in conjunction with construction, maintenance or repair by a governmental agency, such person shall obtain a Conditional Use Permit.
§ 9166.2 Conditions for Project Grading.
Project grading subject to the provisions of this Division shall comply with the following requirements:
A.
A grading permit, when required, shall first be obtained as provided in the Building Code before the commencement of any project grading.
B.
The application to the Director or for a Conditional Use Permit, as the case may be, shall contain statements setting forth the following information:
1.
The names and addresses of all persons owning all or any part of the property from which such material is proposed to be removed and to which such material is proposed to be transported.
2.
The names and addresses of the person or persons who will be conducting the operations proposed.
3.
The proposed ultimate use of the lot.
4.
Such other information as the Director finds necessary in order to determine whether the application should be granted.
5.
In the case of an application for a Conditional Use Permit, the information required pursuant to CMC § 9172.21(A) and § 9173.1.
C.
The applicant shall submit a map showing in sufficient detail the location of the site from which such material is proposed to be removed, the proposed route over streets, and the location to which such material is to be imported.
D.
All hauling as approved under this Section shall be restricted to a route approved by the Director of Public Works.
E.
Compliance shall be made with all applicable requirements of the City and other governmental agencies.
F.
If any condition of this Section is violated, or if any law, statute or ordinance is violated, the privileges granted herein shall lapse and such approval shall be suspended.
G.
Neither the provisions of this Section nor the granting of any permit provided for in this Division authorizes or legalizes the maintenance of a public or private nuisance.
§ 9167.1 Signs.
In no case shall a lighted sign or lighting device thereof be so placed or directed so as to permit the beams and illumination therefrom to be directed or beamed upon a public street, walkway or adjacent premises so as to cause glare or reflection that may constitute a traffic hazard or nuisance.
When signs are constructed with two (2) or more faces, all faces may be used except as otherwise specified in this Chapter; provided, that the total sign face area shall be considered to be the sum of the areas of the faces.
Any sign which does not conform to the provisions of this Chapter shall be made to conform or shall be removed as provided in Division 2 of Part 8 of this Chapter.
All signs shall be maintained in good repair, including display surfaces which shall be kept neatly painted or pasted.
Any person, firm or corporation violating any provisions of this Section shall be guilty of an infraction and shall be punishable as provided in Chapter 2 of Article I of this Code.
(Ord. 79-479 § 10)
§ 9167.2 Exempt Signs.
The provisions of this Chapter regulating signs shall not apply to the following signs except as otherwise indicated herein:
A.
Official notices issued by any court, public body, or public officer.
B.
Notices posted by any public officer in performance of a public duty, or for any person in giving legal notices.
C.
Traffic, directional, warning or informational signs required or authorized by the public authority having jurisdiction.
D.
Official signs used for emergency purposes only.
E.
Permanent memorial or historical signs, plaques or markers.
F.
Public utility signs, provided such signs do not exceed three (3) square feet in sign face area.
§ 9167.3 Prohibited Signs.
The following advertising signs shall be prohibited in all zones:
A.
"A" frame or "sandwich board" signs.
B.
Flashing or scintillating signs.
C.
Revolving signs.
D.
Devices dispensing bubbles and free-floating particles of matter.
E.
Any notice, placard, bill, card, poster, sticker, banner, sign, advertising, or any device calculated to attract the attention of the public which any person posts, prints, sticks, stamps, tacks or otherwise affixes or causes the same to be done to or upon any public street, walkway, crosswalk, or right-of-way, curb, lamp post, hydrant, tree, telephone, lighting system, or any fixture of the police or fire alarm system.
F.
Devices projecting, or otherwise reproducing, the image of an advertising sign or message or any surface or object.
G.
Signs which project into an existing or future street right-of-way.
H.
Signs, affixed to a building, which project above the height of a building wall or roof fascia.
I.
Signs, Flags, Streamers, Etc., on Vehicles. No real estate advertising sign or open house sign, and no flag, streamer, pennant, lead-in, or directional sign, or similar sign that is not permanently affixed to a vehicle, shall be placed in or upon any vehicle, trailer or other device that is parked on a public street, right-of-way, or place for the purpose of drawing attention to any property for sale, lease or rent. No person owning or having possession or control of any vehicle shall permit a vehicle to be used for such purpose.
(Ord. 80-513 § 3; Ord. 15-1563 §§ 9, 10)
§ 9167.6 Tobacco and Alcoholic Beverage Outdoor Billboard Advertisements.
Repealed by Ord. 12-1500.
(Ord. 98-1140 § 2)
§ 9167.7 Substitution Clause.
Any sign authorized by Article IX (Planning and Zoning) of the Carson Municipal Code may contain noncommercial copy in lieu of any other copy. Signs containing noncommercial copy are subject to the same time, place, and manner restrictions as business signs.
(Ord. 15-1563 § 11)
§ 9167.8 Removal of Unauthorized Signs from the Public Right-of-Way.
The Director may summarily and without prior notice remove any unauthorized sign in the public right-of-way that is placed in violation of any of the provisions of the Carson Municipal Code. Provided, that the owner of the sign appears on the face of the sign, the Director may mail written notice within forty-eight (48) hours after such removal to the sign's owner or agent.
The Director shall release any sign removed pursuant to this Section to the owner thereof upon payment of a per-sign fee, as determined by City Council resolution, for the removal and keeping of the sign. If the sign is not claimed within ten (10) days after removal, the Director shall order the destruction of the sign.
(Ord. 15-1563 § 12)
§ 9168.1 Adoption of Water Efficient Landscape Ordinance.
Except as hereinafter provided, Chapter 71 of Title 26 (Building Code) of the Los Angeles County Code and Chapter 20.09 of Title 20 (Utilities Code) of the Los Angeles County Code, as amended and in effect on the effective date of this Division, are hereby adopted by reference. The above-mentioned Chapters which are hereby adopted shall constitute and may be cited as the Water Efficient Landscape Ordinance of the City of Carson.
Copies of Chapter 71 of Title 26 (Building Code) of the Los Angeles County Code and Chapter 20.09 of Title 20 (Utilities Code) of the Los Angeles County Code have been deposited in the office of the City Clerk of the City of Carson and shall be at all times maintained by the City Clerk for use and examination by the public.
(Ord. 93-998 § 1)
§ 9168.2 Definitions.
Whenever any of the names or terms defined in this Section are used in this Water Efficient Landscape Ordinance, each such name or term shall have the meaning ascribed to it in this Section.
"Building Official"
shall mean County Engineer of the County of Los Angeles acting as the City Engineer.
"Chapter 20.09 of Title 20" or "Title 20, Division
1 of the Los Angeles County Code"shall mean Chapter 20.09 of this Water Efficient Landscape Ordinance.
"Chapter 70" or "Chapter 70 of Title 26"
shall mean Chapter 70 of the Building Code of the City of Carson. References to Sections within Chapter 70 shall refer to Sections of the Building Code of the City of Carson.
"Chapter 71" or "Chapter 71 of Title 26"
shall mean Chapter 71 of this Water Efficient Landscape Ordinance. References to Sections within Chapter 71 of Title 26 shall refer to Sections of this Water Efficient Landscape Ordinance.
"County" or "County of Los Angeles"
shall mean the City of Carson.
"Director" or "Director of Public Works"
shall mean the Director of Community Development of the City of Carson.
"Division V of Article 11 of Part III of Title 32"
shall mean Division VII of Article 11 of the Fire Code of the City of Carson.
(Ord. 93-998 § 1)
§ 9168.3 Violations and Penalties.
A.
No person shall perform any landscaping in the City of Carson, or cause the same to be done, contrary to or in violation of any of the applicable provisions of the Water Efficient Landscape Ordinance.
B.
Violation of any provision of the Water Efficient Landscape Ordinance shall be punishable as an infraction as specified in CMC § 1200.
(Ord. 93-998 § 1)
§ 9168.4 Fees.
A.
A landscape permit fee shall be paid to the Building Official in the amount set forth in the most current resolution of the City Council establishing fees pursuant to this Water Efficient Landscape Ordinance at the time of issuance of such permit.
B.
A plan checking fee for landscaping shall be paid to the Building Official in the amount set forth in the most current resolution of the City Council establishing fees pursuant to this Water Efficient Landscape Ordinance at the time of submitting plans and other required documents.
C.
Notwithstanding the provisions of CMC § 9168.1, the amount of each and every fee set forth in this Water Efficient Landscape Ordinance shall be the amount set forth in the most current resolution of the City Council establishing fees pursuant to this Water Efficient Landscape Ordinance.
(Ord. 93-998 § 1)
§ 9168.5 Amendments to Water Efficient Landscape Ordinance.
Notwithstanding the provisions of CMC § 9168.1, the Water Efficient Landscape Ordinance is amended as follows:
A.
The last four (4) sentences of Section 20.09.020 are deleted.
B.
Paragraph 3 of Subsection (j) of Section 7105 is amended to read as follows:
3. A grading plan check and grading permit may be required in accordance with Chapter 70 of the Building Code of the City of Carson. |
(Ord. 93-998 § 1)
§ 9171.1 Types of Procedure.
The procedures to be utilized in changing and administering this Chapter include the following:
A.
Legislative Procedures.
1.
Text Change – Any ordinance or amendment changing the wording of this Chapter.
2.
Zone Change – Any ordinance or amendment changing a zoning boundary as shown on the Zoning Map (CMC § 9114.1).
3.
Adoption or Amendment of Standards – Procedure for approval of standards specifically called for by the provisions of this Chapter to supplement the ordinance regulations, such as for parking lot design, truck maneuvering and loading area layout, and design standards and guidelines for the Site Plan and Design Review procedure.
B.
Administration /Quasi-Judicial Procedures.
1.
Conditional Use Permit – A discretionary action concerning a specified land use and pursuant to criteria set forth in this Chapter, to determine whether such use would be permitted at a given location and to determine the conditions or limitations on development in each case.
2.
Variance – A quasi-judicial determination, under criteria established in State law and this Chapter, to vary from the literal application of regulations in this Chapter in a case where the effect of a literal application of the regulations would produce results contrary to the intent of this Chapter, and would unequally discriminate against the property owner because of particular, unusual or unanticipated circumstances pertaining to the subject property.
3.
Site Plan and Design Review – The review and conditional approval of development plans within designated districts or when required as a condition of other approval, in order to achieve compatibility with surrounding uses, special standards of landscape design, architectural quality, functional effectiveness and site arrangement.
4.
Interpretation – A procedure for resolving uncertainties or ambiguities in the meaning of any provision of this Chapter. Such Interpretations are uniformly applicable to all subsequent situations in which the same set of circumstances is present.
The Interpretation procedure may include minor adjustment of zone boundaries (up to fifty (50) feet) as shown on the Zoning Map in order to conform to lot lines or to resolve uncertainty as to the precise location of such lines.
5.
Extension of Nonconforming Privilege – Procedure for extending the time period during which a legal nonconforming situation is allowed to continue in those specific cases where it is found that the period set forth in this Chapter is insufficient to allow a reasonable amortization of the fixed investments.
6.
Revocation – Procedure for revoking any specific development approval or nonconforming privilege granted pursuant of this Chapter, where one (1) or more violations of zoning requirements or other laws are found to have occurred, including the use of deceit, fraud, misrepresentation or the maintenance of a public nuisance.
7.
Relocation Review – The review and conditional approval of relocation development plans in order to achieve compatibility with the General Plan and/or and specific plans for the area, compatibility of use, architecture, and design with existing and anticipated development in the vicinity, convenience and safety of circulation for pedestrians and vehicles, attractiveness, effectiveness and restraint in signing, graphics and color, and development scheduling if applicable.
(Ord. 84-699 § 1; Added by Ord. 84-699 § 1)
§ 9171.2 Elements of Procedure.
Insofar as possible, uniform rules shall be applied to comparable steps required under the various procedures, including applications, hearings, notices and appeals. These rules are contained in Division 3 of this Part.
§ 9171.3 Interchangeability.
From the standpoint of the applicant, there may be two (2) or more alternative procedures under which a specific result might be obtained. (For example, the permission to establish a given use on a parcel of land might, under appropriate circumstances, be accomplished by a change in the text of the use regulations, by a change in the zoning classification of the property, by a Conditional Use Permit or by an Interpretation of the regulations.) In some cases it is not possible to determine the most appropriate procedure until the facts of the case have been developed, subsequent to the filing of an application. In order to avoid the necessity of multiple filings and/or repetitive processing under different procedures, it is hereby provided that an application or other initiation of action under any of the procedures authorized in this Part may be construed as an application or initiation of action under any and all of the other procedures authorized in this Part; provided, that, for each and every action taken, the procedural steps required for that action have been accomplished and the applicable fees paid. Nothing in this Section shall preclude an applicant from initiating, by means of separate application, any and all alternative procedures available.
§ 9171.4 Environmental Review Requirements.
A.
Under the California Environmental Quality Act, amendments to this Chapter, changes in the Zoning Map and various other actions taken pursuant to this Chapter, may or may not require preceding or concurrent action pursuant to the California Environmental Quality Act involving one (1) of the following:
1.
The preparation and approval of an Environmental Impact Report; or
2.
The preparation and filing of a Negative Declaration; or
3.
A determination that the zoning action is exempt from the requirements of the California Environmental Quality Act; or
4.
A determination that the zoning action does not constitute a project under the California Environmental Quality Control Act.
B.
The environmental review procedure required by the California Environmental Quality Act shall be conducted in accordance with the Environmental Impact Report Guidelines of the City of Carson. The following relationships shall exist between the environmental review procedure and the zoning procedures set forth in this Chapter:
1.
Any hearing on an Environmental Impact Report shall be held before or concurrently with a hearing on a zoning matter to which it relates.
2.
Certification of a Final Environmental Impact Report or adoption of a Negative Declaration, when required, shall be made, prior to a final decision on a zoning matter.
(Ord. 81-566 § 2)
§ 9172.11 Legislative - Text Change.
Any ordinance or amendment to change or amend the provisions of this Chapter, except a change in the Zoning Map, shall be adopted in accordance with the following procedures: (California Government Code Sections 65850 through 65863.5.)
A.
Initiation. Consideration shall be initiated by order of either the Council or Commission, or upon the written request of any person.
B.
Time Limit for Hearing. When the Council has requested the Commission to study and report upon an amendment to this Chapter and the Commission fails to act upon such request within a reasonable time, the Council may, by written notice, require the Commission to render its report within forty (40) days. Upon receipt of the written notice, the Commission, if it has not done so, shall conduct the public hearing as required by subsection C of this Section. Failure to so report to the Council within the above time period shall be deemed to be approval of the proposed zoning ordinance or amendment. (California Government Code Section 65853.)
When consideration has been initiated by the written request of any person, the matter shall be considered at a Commission hearing held within thirteen (13) months from the receipt of the request. A separate hearing or determination shall not be required for each individual request.
C.
Commission Hearing and Notice. The Commission shall hold a public hearing on any such ordinance or amendment, giving notice by posting, and, in addition, giving notice to any person who has filed a written request therefor, all as provided in CMC § 9173.22, and in such other manner as prescribed by the laws of the State of California and as the Commission may deem necessary or desirable. The City Clerk may give such additional notice, and in such manner, as may be deemed necessary or desirable by the City Clerk or the Council. (California Government Code Section 65854.)
D.
Findings, Recommendation and Transmittal to Council. After the public hearing, the Commission shall, by resolution, render its decision in the form of a written recommendation to the Council. Such recommendation shall include the reasons for the recommendation, shall specify the relationship of the proposed ordinance or amendment to applicable general and specific plans, and shall be transmitted to the Council. (California Government Code Section 65855.)
E.
Council Hearing and Notice. Upon receipt of the recommendation of the Commission, the Council shall hold a public hearing. Notice of the time and place of said hearing shall be given in the time and manner provided for the giving of notice of the hearing by the Commission as specified in subsection C of this Section and in CMC § 9173.22. (California Government Code Section 65856.)
F.
Council Action. After the public hearing, the Council may approve, modify or disapprove the recommendation of the Commission; provided, that any modification of the proposed ordinance or amendment by the Council not previously considered by the Commission during its hearing, shall first be referred to the Commission for report and recommendation, but the Commission shall not be required to hold a public hearing thereon. Failure of the Commission to report within forty (40) days after the reference, or such longer period as may be designated by the Council, shall be deemed to be approval of the proposed modification. (California Government Code Section 65857.)
§ 9172.12 Legislative - Urgency Measures.
An urgency measure adopted as an interim ordinance shall be adopted in accordance with the following procedures (California Government Code Section 65858):
A.
Interim Ordinance. Without following the procedures otherwise required prior to adoption of a zoning ordinance, the Council, to protect the public safety, health and welfare, may adopt as an urgency measure an interim ordinance prohibiting any uses which may be in conflict with a contemplated zoning proposal which the Council, Planning Commission or Community Development Department is considering or studying or intends to study within a reasonable time. Such urgency measure shall require a four-fifths (4/5) vote of the Council for adoption. Such interim ordinance shall be of no further force and effect forty-five (45) days from the date of adoption thereof providing, however, that after notice pursuant to Government Code Section 65090 and public hearing, the Council may extend such interim ordinance for ten (10) months and fifteen (15) days and subsequently after like notice and public hearing may extend the ordinance one (1) year. Any such extension shall also require a four-fifths (4/5) vote for adoption. Not more than two (2) extensions may be adopted. Any ordinance adopted pursuant to this Section must contain the findings required by Government Code Section 65858(c).
B.
Adoption After Noticed Hearing. Alternately, an interim ordinance may be adopted by a four-fifths (4/5) vote following notice pursuant to Government Code Section 65090 and public hearing, in which case it shall be of no further force and effect forty-five (45) days from the date of adoption thereof; provided, that after notice pursuant to Government Code Section 65090 and public hearing, the Council may by a four-fifths (4/5) vote extend such interim ordinance for twenty-two (22) months and fifteen (15) days.
C.
Subsequent Ordinance. When any such interim ordinance has been adopted, every subsequent ordinance adopted pursuant to this Section, covering the whole or a part of the same property, shall automatically terminate and be of no further force or effect upon the termination of the first such ordinance or any extension thereof as herein provided.
D.
Report. Ten (10) days prior to the expiration of an interim ordinance or any extension, the Council shall issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance.
(Ord. 89-896 § 1)
§ 9172.13 Legislative - Zone Change.
Any ordinance which changes any property from one (1) zone to another shall be adopted in accordance with the following procedure: (California Government Code Sections 65850 through 65863.5.)
A.
Initiation. Consideration shall be initiated by order of either the Council or Commission or by the filing of an application by the owner of the subject property or his authorized representative in accordance with CMC § 9173.1.
B.
Time Limit for Hearing. When the Council has requested the Commission to study and report upon a change of zone and the Commission fails to act upon such requests within a reasonable time, the Council may, by written notice, require the Commission to render its report within forty (40) days. Upon receipt of the written notice, the Commission, if it has not done so, shall conduct the public hearing as required by subsection C of this Section. Failure to so report to the Council within the above time period shall be deemed to be approval of the proposed zoning ordinance or amendment. (California Government Code Section 65853). When consideration has been initiated by means of an application, the Commission shall hold a public hearing within six (6) months from the date of acceptance of the application.
C.
Commission Hearing and Notice. The Commission shall hold a public hearing on any such ordinance or amendment, giving notice pursuant to CMC § 9173.22 (Notification of Hearing) by posting, by notice to property owners within seven hundred fifty (750) feet and, in addition, by giving notice to any person who has filed a written request therefor, and in such other manner as prescribed by the laws of the State of California and as the Commission may deem necessary or desirable. The City Clerk may give such additional notice, and in such manner, as may be deemed necessary or desirable by the City Clerk or the Council. (California Government Code Section 65854.)
D.
Findings, Recommendation and Transmittal to Council. After the hearing, the Commission shall, by resolution, render its decision in the form of a written recommendation to the Council. Such recommendation shall include the reasons for the recommendation, shall specify the relationship of the proposed ordinance to applicable general and specific plans, and shall be transmitted to the Council. (California Government Code Section 65855.)
E.
Council Consideration. If the Commission has recommended against a change of zone, the Council may but shall not be required to take any further action thereon unless an interested party shall request a hearing by filing a written request with the City Clerk within fifteen (15) days after the Commission action or within five (5) days of the transmittal of the Commission recommendation to the Council, whichever is greater. (California Government Code Section 65856.)
F.
Council Hearing and Notice. Except in a case where no action is taken as provided in subsection E of this Section, upon receipt of the recommendation of the Planning Commission, the Council shall hold a public hearing. Notice of said hearing shall be given in the time and manner provided for the giving of notice of the hearing by the Commission as specified in subsection C of this Section and in CMC § 9173.22. (California Government Code Section 65856.)
G.
Council Action. After the public hearing, the Council may approve, modify or disapprove the recommendation of the Commission; provided, that any modification of the proposed ordinance or amendment by the Council, not previously considered by the Commission during its hearing, shall first be referred to the Commission for report and recommendation, but the Commission shall not be required to hold a public hearing thereon. Failure of the Commission to report within forty (40) days after the reference, or such longer period as may be designated by the Council, shall be deemed to be approval of the proposed modification. (California Government Code Section 65857.)
(Ord. 19-1904 § 3)
§ 9172.14 Legislative - Prezoning.
A.
The City may prezone unincorporated territory adjoining the City for the purpose of determining the zoning that will apply to such property in the event of subsequent annexation to the City. The method of accomplishing such prezoning shall be as provided in CMC § 9172.13, except that notice of public hearing need only be given by publication at least once in a newspaper of general circulation, published and circulated in the area to be prezoned, or if there is none, by posting in three (3) public places in the area to be prezoned. Such zoning shall become effective at the same time that the annexation becomes effective. (California Government Code Section 65854 and 65859.)
B.
If the City has not prezoned territory which is annexed, it may adopt an interim ordinance in accordance with the provisions of CMC § 9172.12. (California Government Code Section 65859.)
§ 9172.15 Legislative - Adoption or Amendment of Standards.
Where the provisions of this Chapter allow or require the use of standards to supplement the provisions contained in this Chapter, such standards shall be adopted or amended in accordance with the following procedure:
A.
Initiation. Preparation or amendment of such standards may be initiated by the Director or by order of the Commission or Council.
B.
Preparation. The Director shall prepare or cause to be prepared such proposed standards.
C.
Commission Hearing and Notice. A public hearing shall be held and notice thereof made in the same manner as provided in CMC § 9172.11(C).
D.
Recommendation and Transmittal to Council. After the hearing, the Commission shall, by resolution, make its written recommendation to the Council.
E.
Council Hearing and Notice. Upon receipt of the recommendation of the Commission, the Council shall hold a public hearing and notice thereof made in the same manner as provided in CMC § 9172.11(C).
F.
Council Action. After the public hearing, the Council shall, by resolution, approve, modify or disapprove the recommendation of the Commission, or refer the matter to the Commission for further study.
§ 9172.21 Administrative/Quasi-Judicial - Conditional Use Permit.
A Conditional Use Permit shall be considered in accordance with the following procedure: (California Government Code Sections 65900 through 65909.)
A.
Initiation. Consideration shall be initiated upon the filing of an application by the owner of the subject property or his authorized representative in accordance with CMC § 9173.1.
B.
Hearing and Time Limit. The Commission shall hold a public hearing within six (6) months of the date of acceptance of the application.
C.
Commission Hearing Notice. Notice of hearing shall be given pursuant to CMC § 9173.22 (Notification of Hearing) by posting and by notice through the United States mails to the applicant, to the owners of property within seven hundred fifty (750) feet, and to any person who has filed a written request therefor, and in such other manner as prescribed by the laws of the State of California and as the Commission may deem necessary or desirable. The City Clerk may give such additional notice, and in such manner, as may be deemed necessary or desirable by the City Clerk or the Council.
D.
Commission Findings and Decision.
1.
After the hearing, the Commission shall, by resolution, render its decision. The Commission shall approve a Conditional Use Permit if it is able to make affirmative findings based on the following criteria:
a.
The proposed use and development will be consistent with the General Plan.
b.
The site is adequate in size, shape, topography, location, utilities, and other factors to accommodate the proposed use and development.
c.
There will be adequate street access and traffic capacity.
d.
There will be adequate water supply for fire protection.
e.
The proposed use and development will be compatible with the intended character of the area.
f.
Such other criteria as are specified for the particular use in other Sections of this Chapter.
If the Commission finds that any adverse effects will occur as a result of the proposed use and development, such effects must be found to be justified by the benefits to the public interest which will occur as a result of such use and development. |
If the Commission does not make affirmative findings with respect to the above criteria and is unable to impose conditions to mitigate any adverse finding, the Commission shall disapprove a Conditional Use Permit. |
In making its decision, the Commission shall adopt written findings with respect to the above criteria. |
2.
Notice of the Commission decision shall be given as provided in CMC § 9173.32.
E.
Conditions. In granting a Conditional Use Permit, conditions related to the proposed use and development may be imposed as deemed necessary to carry out the intent of this Chapter and to protect the public health, safety and general welfare.
F.
Effective Date and Appeal.
1.
The decision of the Commission shall become effective and final fifteen (15) days after the date of its action unless an appeal is filed in accordance with CMC § 9173.4.
2.
An appeal shall be considered by the Council as provided in CMC § 9173.4.
G.
Subsequent Modification of Conditions.
1.
After a Conditional Use Permit has been granted, modification of the conditions of the permit, including additions or deletions, may be considered upon filing of an application by the owner of the subject property or his authorized representative in accordance with CMC § 9173.1.
2.
A public hearing on a proposed modification of conditions need not be held unless requested by the applicant, Director, Commission or Council. If the Director, Commission or Council concludes that the proposed modification of conditions extends beyond the intent of the original approval of the Conditional Use Permit and the conditions previously adopted, a public hearing shall be held.
3.
The decision and any appeal in connection with a modification of conditions shall be in the same manner as for a Conditional Use Permit.
H.
Expiration of Permit.
1.
Expiration. A Conditional Use Permit shall become automatically null and void, unless otherwise provided in this Chapter or unless extended as provided in subsection (H)(2) of this Section, if any of the following occurs:
a.
Unused Permit. The permit has not been used within the time specified in the permit or, if no time is specified, within one hundred eighty (180) days of its effective date.
b.
Time Limit as a Condition of Permit. Circumstances which terminate the permit pursuant to any termination provision included as a condition of the permit.
c.
Discontinued Use. The use has been suspended or has ceased to exist for a period of one (1) year.
d.
Automatically Permitted Use. Upon a change of zoning classification or of ordinance provisions so as to automatically permit the use. Each nonconformity, if any, existing at the time of expiration of a Conditional Use Permit pursuant to this Subparagraph shall be brought into conformance pursuant to Division 2 of Part 8 of this Chapter.
e.
Ineligible Use. Upon a change of zone or of ordinance provisions so as to no longer provide that the use is eligible for a Conditional Use Permit. Termination of the use and each nonconformity thereof shall be in accordance with Division 2 of Part 8 of this Chapter.
If none of the above circumstances transpires, the Conditional Use Permit shall remain in effect indefinitely.
2.
Extension. Upon application by the permit holder filed with the Director on or before the date of expiration of the permit, a permit which would otherwise expire may be extended by the Commission, or by the Council upon appeal, if the Commission or Council finds that the termination of the permit would constitute an undue hardship upon the permit holder and that the continuation of the permit would not be materially detrimental to the health, safety and general welfare of the public. Extensions shall not be granted for more than a total of one (1) year unless a public hearing is held and approval granted in the same manner and based upon the same criteria as for the issuance of a new permit.
(Ord. 19-1904 § 4)
§ 9172.22 Administrative/Quasi-Judicial - Variance.
A Variance shall be considered in accordance with the following procedure: (California Government Code Sections 65900 through 65909.)
A.
Initiation. Consideration shall be initiated upon the filing of an application by the owner of the subject property or his authorized representative, in accordance with CMC § 9173.1.
B.
Hearing and Time Limit. The Commission shall hold a public hearing within six (6) months of the date of acceptance of the application.
C.
Commission Hearing Notice. Notice of hearing shall be given pursuant to CMC § 9173.22 (Notification of Hearing) by posting and by notice through the United States mails to the applicant, to the owners of the property within seven hundred fifty (750) feet, and to any person who has filed a written request therefor, and in such other manner as prescribed by the laws of the State of California and as the Commission may deem necessary or desirable. The City Clerk may give such additional notice, and in such manner, as may be deemed necessary or desirable by the City Clerk or the Council.
D.
Commission Findings and Decision.
1.
After the hearing, the Commission shall, by resolution, render its decision to approve or disapprove a Variance. A Variance from the terms of this Chapter shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this Chapter deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. (California Government Code Section 65906.) In making its decision, the Commission shall adopt written findings with respect to this requirement.
A Variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property. (California Government Code Section 65906.)
2.
Notice of the Commission decision shall be given as provided in CMC § 9173.32.
E.
Conditions. Any Variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated (California Government Code Section 65906), and shall be subject to such conditions as will assure that any potential adverse effects will be mitigated where feasible.
F.
Effective Date and Appeal.
1.
The decision of the Commission shall become effective and final fifteen (15) days after the date of its action unless an appeal is filed in accordance with CMC § 9173.4.
2.
An appeal shall be considered by the Council as provided in CMC § 9173.4.
G.
Subsequent Modification of Conditions.
1.
After a Variance has been granted, modification of the conditions of the Variance, including additions or deletions, may be considered upon filing of an application in accordance with CMC § 9173.1.
2.
A public hearing on a proposed modification of conditions need not be held unless requested by the applicant, Director, Commission or Council. If the Director, Commission or Council concludes that the proposed modification of conditions extends beyond the intent of the original approval of the Variance and the conditions previously adopted, a public hearing shall be held.
3.
The decision and any appeal in connection with a modification of conditions shall be in the same manner as for a Variance.
H.
Expiration of Variance.
1.
Expiration. A Variance shall become automatically null and void, unless otherwise provided in this Chapter or unless extended as provided in subsection (H)(2) of this Section, if any of the following occurs:
a.
Unused Variance. The Variance has not been used within the time specified in the Variance or, if no time is specified, within one hundred eighty (180) days of its effective date.
b.
Time Limit as a Condition of Variance. Circumstances which terminate the Variance pursuant to any termination provision included as a condition of the Variance.
c.
Changed or Discontinued Use or Development. The use has been suspended or has ceased to exist for a period of one (1) year, or has been changed to another use in connection with which the Variance is not required, or the deviation from the regulation which was authorized by the Variance has ceased to exist for a period of one (1) year.
d.
Automatically Permitted Condition. Upon a change of zoning classification or of ordinance provisions so as to automatically permit in all respects that which was permitted by Variance.
e.
Nonconforming Use Termination. The use is or becomes a nonconforming use and is terminated pursuant to the provisions for termination of nonconforming uses.
If none of the above circumstances transpires, the Variance shall remain in effect indefinitely.
2.
Extension. Upon application by the Variance holder filed with the Director on or before the date of expiration of the Variance, a Variance which would otherwise expire may be extended by the Commission, or by the Council upon appeal, if the Commission or Council finds the termination of the Variance would constitute an undue hardship upon the Variance holder and that the continuation of the Variance would not be materially detrimental to the health, safety and general welfare of the public. Extensions shall not be granted for more than a total of one (1) year unless a public hearing is held and approval is granted in the same manner and based upon the same criteria as for the issuance of a new Variance.
(Ord. 19-1904 § 5)
§ 9172.23 Administrative/Quasi-Judicial - Site Plan and Design Review.
When Site Plan and Design Review is required pursuant to the provisions of this Chapter, a development plan shall be submitted and approved according to the following procedures before any grading permit, electrical permit, plumbing permit or building permit is issued, or sign installed, which involves significant exterior changes in the opinion of the Director:
A.
Submittal. An application shall be filed in accordance with CMC § 9173.1. Prior to accepting an application, the Director may require that a conference be held with the project designer.
B.
Approval Authority.
1.
An application for approval of a Development Plan shall be submitted to the Commission for determination in any case involving any of the following:
a.
Any construction of a new building or structure having an estimated valuation of $50,000 or more.
b.
Any expansion, addition, alteration or repair to an existing structure, or other construction if the estimated cost of the work is $50,000 or more and the work involves changes in exterior architectural design, landscaping design or parking facilities.
c.
Any conversion of a residential structure to a commercial use if the estimated cost of the work is less than $50,000.
d.
Any major wireless telecommunications facility and minor wireless telecommunications facility located within one hundred (100) feet of a residential zone.
2.
The Director shall have the authority to approve a Development Plan for work involving any of the following:
a.
Any construction of a new building or structure having an estimated valuation less than $50,000.
b.
Any expansion, addition, alteration or repair to the exterior of an existing structure, or other construction, except for any conversion of a residential structure to a commercial use, if the estimated cost of the work is less than $50,000 and the work involves changes in exterior architectural design, landscaping design or parking facilities.
c.
Any construction involving only interior modifications to an existing building, regardless of the estimated valuation of the work.
d.
Signs.
e.
Solar energy equipment installation.
f.
Fences, walls and hedges.
g.
Minor wireless telecommunications facilities not located within one hundred (100) feet of a residential zone regardless of estimated valuation.
The valuation of construction delineated by this subsection shall be established by the Building Official, using as a guide, the Marshall Valuation Service compiled by the Marshall and Swift Publication Company.
C.
Commission Hearing and Notice. For applications required by subsection (B)(1) of this section and for appeals authorized by subsection (E)(2) of this section, the Commission shall hold a public hearing within six (6) months of the date of acceptance of the application or date of appeal, as applicable, except that, for applications required under subsection (B)(1)(c) of this section, the Planning Commission shall not be required to hold a public hearing.
Notice of a public hearing, if required, shall be given pursuant to CMC § 9173.22 (Notification of Hearing) by posting and through the United States mail to the applicant, to the owners of property within seven hundred fifty (750) feet of the subject property, and to any person who has filed a written request therefor. The City Clerk shall give such additional notices, and in such manner, as prescribed by the law of the State of California and as the Commission or City Council may deem necessary or desirable.
D.
Approving Authority Findings and Decision.
1.
After the public hearing, the Commission shall, by resolution, render its decision. The Commission shall approve a Development Plan if it is able to make affirmative findings based on the following criteria:
a.
Compatibility with the General Plan, any specific plans for the area, and surrounding uses.
b.
Compatibility of architecture and design with existing and anticipated development in the vicinity, including the aspects of site planning, land coverage, landscaping, appearance and scale of structures and open spaces, and other features relative to a harmonious and attractive development of the area.
c.
Convenience and safety of circulation for pedestrians and vehicles.
d.
Attractiveness, effectiveness and restraint in signing graphics and color.
e.
Development scheduling (if phased development) which will satisfy the above criteria in each phase.
f.
Conformance to any applicable design standards and guidelines which have been adopted pursuant to CMC § 9172.15. Such design standards and guidelines may be generally applicable or may specify different requirements for different areas.
2.
If the proposed development complies with all applicable requirements and standards of this Chapter and other laws and regulations, and the approving authority finds that the criteria of subsection (D)(1) of this subsection are adequately met, or can be met if specified conditions are observed, the Development Plan shall be approved, subject to such specified conditions. If the approving authority finds that the proposal cannot meet and cannot be modified to meet the requirements of this Chapter and the above criteria, the Development Plan shall be disapproved. In all cases, findings shall be made concerning the grounds for approval or disapproval.
3.
Notice of the decision by the Commission or Director, as the case may be, shall be given as provided in CMC § 9173.32.
E.
Effective Date and Appeal.
1.
The decision of the Director or Commission, as the case may be, shall become effective and final fifteen (15) days after the date of the decision unless an appeal is filed in accordance with CMC § 9173.4.
2.
An appeal from a decision of the Director shall be considered by the Commission, and an appeal from a decision of the Commission shall be considered by the Council as provided in CMC § 9173.4.
F.
Compliance. After approval of a Development Plan and before City authorization to connect utilities, or before final inspection approval by the Building Official pertaining to any facilities constructed under the Development Plan, the Planning Division shall inspect the site for compliance with the approved Development Plan and conditions. Any deficiencies which are not corrected to the satisfaction of the Director shall be submitted to the Commission for determination as to compliance upon written request to the Director by the property owner or his authorized representative.
G.
Exemption of Existing Improvements. Approval under this procedure shall not result in requirements to alter or improve any existing improvements, unless:
1.
Such existing improvements are to be altered in connection with the proposed construction, grading or remodeling; or
2.
Such existing improvements are directly affected by such proposed construction, grading or remodeling; or
3.
The value of the proposed new or replacement construction, alterations, remodeling or other improvements being made exceeds fifty (50) percent of the value of existing improvements.
H.
Subsequent Modification of Conditions.
1.
After a Site Plan and Design Review Permit has been granted modification of the Development Plan and/or any conditions of the permit, including additions or deletions, may be considered upon filing of an application by the owner of the subject property or his authorized representative in accordance with CMC § 9173.1.
2.
A public hearing on a proposed modification of the Development Plan and/or conditions need not be held unless required by subsection (B)(1) of this Section or unless the Director, Commission or Council concludes that the proposed modification extends beyond the intent of the original approval of the Site Plan and Design Review Permit.
3.
The decision and any appeal in connection with modification of a Development Plan and/or conditions of the permit shall be the same manner as set forth in CMC § 9173.4.
I.
Expiration of Permit.
1.
Expiration. A Site Plan and Design Review Permit shall become automatically null and void, unless otherwise provided in this Chapter or unless extended as provided in subsection (I)(2) of this Section, if any of the following occurs:
a.
Unused Permit. Within two (2) years from the Approving Authority's action, a construction permit, if necessary, shall be issued by the Building Official for the Development Plan. Work authorized by the permit shall commence within one hundred eighty (180) days from the date of issuance of said permit and such work shall not be suspended or abandoned at any time after commencement for a period of one hundred eighty (180) days or more.
b.
Time Limit as a Condition of Permit. Circumstances which terminate the permit pursuant to any termination provision included as a condition of the permit.
c.
Automatically Permitted Development. Upon a change of zoning classification or of ordinance provisions so as to automatically permit the development. Each nonconformity, if any, existing at the time of expiration of a Site Plan and Design Review Permit pursuant to this Subparagraph shall be brought into conformance pursuant to Division 2 of Part 8 of this Chapter.
d.
Ineligible Use. Upon a change of zone or of ordinance provisions so as to no longer provide that the use is eligible for a Site Plan and Design Review Permit. Termination of this use and each nonconformity thereof shall be in accordance with Division 2 of Part 8 of this Chapter.
If none of the above circumstances transpires, the Site Plan and Design Review Permit shall remain in effect indefinitely.
2.
Extension. Upon application by the permit holder filed with the Director on or before the date of expiration of the permit, a permit which would otherwise expire may be extended by the Commission, or by the Council upon appeal, if the Commission or Council finds that the termination of the permit would constitute an undue hardship upon the permit holder and that the continuation of the permit would not be materially detrimental to the health, safety and general welfare of the public. Extensions shall not be granted for more than a total of one (1) year unless a public hearing is held and approval granted in the same manner and based upon the same criteria as for the issuance of a new permit.
(Ord. 78-433; Added by Ord. 84-699; Ord. 19-1904 §§ 6, 7; Ord. 03-1284 § 6; 93-1021 § 2; Ord. 90-905 § 4)
§ 9172.24 Administrative/Quasi-Judicial - Interpretation Procedure.
In case of uncertainty or ambiguity as to the meaning or intent of any provision of this Chapter, or to further define or enumerate the uses permitted in the various zones, and upon proper initiation as provided in CMC § 9172.24(A), the following procedure shall be followed if a Text Change is not initiated. Adjustment of a zoning boundary up to fifty (50) feet from the scaled location on the Zoning Map also may be accomplished under this procedure if a Zone Change is not initiated and if such adjustment is in order to conform to lot lines or to resolve uncertainty as to the precise location of such zoning boundary. Except in the case of a Zoning Boundary Adjustment, Interpretations shall be generally applicable to all future situations of the same type and shall not be limited or directed to specific properties or circumstances thereon.
A.
Initiation. The preparation of an Interpretation may be initiated by the Council, Commission or Director, or upon the written request of any person.
B.
Basis of Interpretation. An Interpretation shall be based on an examination of the intent of this Chapter, considering all of the relevant provisions thereof, and shall be consistent with such intent. Consideration shall be given to the relationship among regulations of the various zoning classifications and the uses and development standards therein.
In the case of an Interpretation involving further definition or enumeration of uses permitted in a particular zone, consideration shall be given to the similarities and differences between the characteristics of each use subject to Interpretation and the characteristics of those uses expressly permitted in the zone.
C.
Preparation, Notice and Transmittal.
1.
Within thirty (30) days after the initiation of an Interpretation, the Director shall prepare a written Interpretation and transmit it to the Commission and the Council and shall give public notice that such Interpretation has been prepared. Such notice shall be made in the same manner as required for a Text Change (CMC § 9172.11(C)), or in the case of a Zone Boundary Adjustment, in the same manner as required for a Zone Change (CMC § 9172.13(C)).
2.
Within fifteen (15) days after the date of the notice, the Commission, Council or any interested person may make a written request to the Director for a hearing. If no such request for a hearing is received, the Interpretation shall become effective and final fifteen (15) days after the date of the notice.
D.
Commission Hearing and Action.
1.
If a request for hearing is received, a hearing shall be held by the Commission within thirty (30) days of the date of such request.
2.
After the hearing, the Commission may, by resolution, adopt the proposed Interpretation, adopt a modified or different Interpretation, or refer the matter to the Director for further study. Failure of the Commission to act within thirty (30) days after the close of the hearing shall be deemed an approval of the Director's Interpretation.
3.
If the Commission refers the matter to the Director for further study, the Director shall prepare and submit another Interpretation in accordance with the provisions of this Section.
4.
Unless the Commission refers the Interpretation to the Director for further study, the decision of the Commission shall become effective and final fifteen (15) days after the date of its action unless an appeal is filed in accordance with CMC § 9173.4.
E.
Appeal. The action of the Commission to adopt an Interpretation may be appealed to the Council in accordance with CMC § 9173.4 except that the Council shall hold a hearing within thirty (30) days of the filing of an appeal and shall make its decision within thirty (30) days after the close of the hearing. Failure of the Council to act within such time shall be deemed to affirm the decision of the Commission.
§ 9172.25 Administrative/Quasi-Judicial - Extension of Nonconforming Privilege.
An extension of the date for a termination of a nonconformity as provided in Division 2 of Part 8 of this Chapter shall be considered in accordance with the following procedure:
A.
Initiation. Consideration shall be initiated by order of either the Council or Commission or upon the filing of an application by the owner of the subject property or his authorized representative, in accordance with CMC § 9173.1, and said application shall be filed before the date for termination of the nonconformity, or within three (3) months of receiving City notification of the nonconformity, whichever time period is later.
B.
Hearing and Time Limit. The Commission shall hold a public hearing within sixty (60) days of the date of the order or acceptance of the application.
C.
Commission Hearing Notice. Notice of hearing shall be given pursuant to CMC § 9173.22 (Notification of Hearing) by posting and by notice through the United States mails to the applicant, to the owners of property within seven hundred fifty (750) feet, and to any person who has filed a written request therefor, and in such other manner as prescribed by the laws of the State of California and as the Commission may deem necessary or desirable. The City Clerk may give such additional notice, and in such manner, as may be deemed necessary or desirable by the City Clerk or the Council.
D.
Commission Findings and Decision.
1.
After the hearing, the Commission shall by resolution approve the request for the extension of time if the Commission finds that the required time for termination of the nonconformity as provided in Division 2 of Part 8 of this Chapter is insufficient for the reasonable amortization of the fixed investment in such nonconformity. If the Commission is unable to make such a finding, it shall disapprove the request for the extension of time. In granting such extension, no expansion or increase in the degree of any nonconformity shall be approved.
2.
Notice of the Commission decision shall be given as provided in CMC § 9173.32.
E.
Conditions. In granting an extension of time, the Commission may impose conditions relating to the continuation, modification, conversion or termination of the use and facilities in order to protect surrounding property and to serve the intent of this Chapter.
F.
Effective Date and Appeal.
1.
The decision of the Commission shall become effective and final fifteen (15) days after the date of its action unless an appeal is filed in accordance with CMC § 9173.4.
2.
An appeal shall be considered by the Council as provided in CMC § 9173.4.
G.
Subsequent Modification of Conditions.
1.
After an extension has been granted, modifications of the conditions thereof, including additions or deletions, may be considered upon filing of an application by the owner of the subject property or his authorized representative, in accordance with CMC § 9173.1.
2.
A public hearing on a proposed modification of conditions need not be held unless requested by the applicant, Director, Commission or Council. If the Director, Commission or Council concludes that the proposed modification of conditions extends beyond the intent of the original approval of the extension of time and the conditions previously adopted, a public hearing shall be held.
3.
The decision and any appeal in connection with a modification of conditions shall be in the same manner as for the original extension of time.
(Ord. 80-532 § 10; Ord. 81-567 § 1; Ord. 19-1904 § 8)
§ 9172.26 Administrative/Quasi-Judicial - Relocation Review.
Whenever a structure is proposed to be relocated to a site within the City of Carson, a Relocation Development Plan shall be submitted and approved according to the following procedures before any grading permit, foundation permit, electrical permit, plumbing permit, building permit, or relocation permit is issued, or sign installed:
A.
Submittal. An application shall be filed in accordance with CMC § 9173.1. In addition, prior to accepting an application, the Director may require that a conference be held with the project designer.
B.
Approval Authority. An application for approval of a Relocation Development Plan shall be submitted to the Commission for determination. In cases where the site of a proposed relocation is located within a D (Design Overlay) designated area, the Relocation Review procedure shall be considered as simultaneously satisfying the Site Plan and Design Review requirement set forth in CMC § 9172.23. In addition, only the fee for Relocation Review, as set forth in CMC § 9173.9, shall be paid.
C.
Commission Hearing and Notice. The Planning Commission shall hold a public hearing within six (6) months of the date of acceptance of the Relocation Development Plan. Notice of hearing shall be given pursuant to CMC § 9173.22 (Notification of Hearing) by posting and by notice through the United States mail to the owners of property within seven hundred fifty (750) feet of the proposed new location, and to any person who has filed a written request therefor, and in such other manner as prescribed by the laws of the State of California and as the Commission may deem necessary or desirable. The City Clerk may give such additional notice, and in such manner, as may be deemed necessary or desirable by the City Clerk or the Council.
D.
Commission Findings and Decision.
1.
After the hearing, the Commission shall by resolution, render its decision. The Commission shall approve a Relocation Development Plan if it is able to make affirmative findings based on the following criteria:
a.
The proposed use and development will be consistent with the General Plan, any specific plans for the area, and surrounding uses.
b.
Compatibility of architecture and design with existing and anticipated development in the vicinity, including the aspects of site planning, land coverage, landscaping, appearance, age, and scale of structures and open spaces, and other features relating to a harmonious and attractive development of the area.
c.
Convenience and safety of circulation for pedestrians and vehicles.
d.
Attractiveness, effectiveness, and restraint in signing, graphics and color.
e.
Development scheduling (if phased development) which will satisfy the above criteria in each phase.
f.
Conformance of any applicable design standards and guidelines which have been adopted pursuant to CMC § 9172.15. Such design standards and guidelines may be generally applicable or may specify different requirements for different areas.
2.
If the proposed development complies with all applicable requirements and standards of this Chapter and other laws and regulations, and the approving authority finds that the criteria of subsection (D)(1) of this Section are adequately met, or can be met if specified conditions are observed, the Relocation Development Plan shall be approved, subject to such specified conditions. If the approving authority finds that the proposal cannot meet and cannot be modified to meet the requirements of this Chapter and the above criteria, the Relocation Development Plan shall be disapproved. In all cases, findings shall be made concerning the ground for approval or disapproval.
3.
Notice of the decision by the Commission shall be given as provided in CMC § 9173.32.
E.
Effective Date and Appeal.
1.
The decision of the Commission shall become effective and final fifteen (15) days after the date of the decision unless an appeal is filed in accordance with CMC § 9173.4.
2.
An appeal from a decision of the Commission shall be considered by the Council as provided in CMC § 9173.4.
F.
Compliance. After approval of a Relocation Development Plan and before City authorization to connect utilities, or before final inspection approval by the Building Official pertaining to any facilities constructed under the Relocation Development Plan, the Planning Division shall inspect the site for compliance with the approved Relocation Development Plan and conditions. Any deficiencies which are not corrected to the satisfaction of the Director shall be submitted to the Commission for determination as to compliance upon written request to the Director by the property owner or his authorized representative.
G.
Alterations or Improvement to Existing Improvements. Every Relocation Development Plan shall include any existing improvements on the site. The approving authority may require alterations or modifications to said existing improvements when any of the following conditions are present:
1.
Such existing improvements are to be altered in connection with the proposed relocation; or
2.
Such existing improvements are directly affected by such proposed relocation; or
3.
The value of the proposed relocation being made exceeds fifty (50) percent of the value of existing improvements.
H.
Subsequent Modification of Conditions.
1.
After a Relocation Review Permit has been granted, modification of the Relocation Development Plan and/or any conditions of the permit, including additions or deletions, may be considered upon filing of an application by the owner of the subject property or his authorized representative in accordance with CMC § 9173.1.
2.
A public hearing on a proposed modification of the Relocation Development Plan and/or conditions need not be held unless requested by the applicant, Director, Commission or Council. If the Director, Commission or Council concludes that the proposed modification of conditions extends beyond the intent of the original approval of the Relocation Review Permit and/or the conditions previously adopted, a public hearing shall be held.
3.
The decision and any appeal in connection with a modification of a Relocation Development Plan and/or conditions of the permit shall be in the same manner as set forth in CMC § 9173.4.
I.
Expiration of Permit.
1.
Expiration of Permit. A Relocation Review Permit shall become automatically null and void, unless otherwise provided in this Chapter or unless extended as provided in subsection (I)(2) of this Section, if any of the following occurs:
a.
Incomplete Work. The construction has not been completed within one (1) year from the date of issuance of the Building/Relocate Permit for the relocation of structures unless a greater period of time is authorized by subsection (I)(1)(b) of this Section.
b.
Time Limit as a Condition of Permit. Circumstances which terminate the permit pursuant to any termination provision included as a condition of the permit.
c.
Discontinued Development Work authorized by the Building/Relocation Permit shall commence within one hundred eighty (180) days from the date of issuance of said permit and such work shall not be suspended or abandoned at any time after commencement for a period of one hundred eighty (180) days or more.
If none of the above circumstances transpires, the Relocation Review Permit shall remain in effect indefinitely.
2.
Extension. Upon written application by the permit holder filed with the Director on or before the date of expiration of the permit, a permit which would otherwise expire may be extended by the Commission, or by the Council upon appeal, if the Commission or Council finds the termination of the permit would constitute an undue hardship upon the permit holder and that the continuation of the permit would not be materially detrimental to the health, safety and general welfare of the public. Extensions shall not be granted for more than a total of one (1) year unless a public hearing is held and approval is granted in the same manner and based upon the same criteria as for the issuance of a new Relocation Permit.
3.
Abatement. Upon the expiration of the Relocation Review Permit or subsequent denial of a time extension by the Commission or Council, the Building Official shall initiate the procedure established in Chapter 99 of the Uniform Building Code (Rehabilitation Ordinance).
(Ord. 84-699 § 4; Ord. 79-474; Ord. 19-1904 § 9; Added by Ord. 84-699 § 4)
§ 9172.27 Administrative/Quasi-Judicial - Request for Reasonable Accommodations.
A.
Purpose. The purpose is to provide a procedure for individuals with disabilities to request reasonable accommodation, as provided by the Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act (the Acts), as those regulations are amended from time to time.
B.
Definitions.
1.
"Act"
means the Fair Housing Amendments Act of 1988.
2.
"Applicant"
means an individual making a request for reasonable accommodation pursuant to this division.
3.
"Code"
means the Carson Municipal Code.
4.
"Department"
means the Economic Development Department and Planning Division of the city of Carson.
5.
"Reasonable accommodation"
means any waiver or modification to regulations, policies, procedures and standards that is both reasonable and necessary for a person with a disability to have an equal opportunity to use and enjoy a residential use. Examples of reasonable accommodation include, if reasonable and necessary, allowing a wheelchair ramp in a required setback, allowing an increase in building height to permit an elevator installation, or allowing an applicant time to submit material.
6.
"Disabled person"
means any person who has a physical or mental impairment that substantially limits one or more major life activities; anyone who is regarded as having such impairment; or anyone who has a record of such impairment. People who are currently using illegal substances are not covered under the Act or this division unless they have a separate disability.
7.
"Group home"
refers to any and all facilities which are regulated by the provisions of the California Community Care Facilities Act (Health and Safety Code Section 1500 et seq.), the California Residential Care Facilities for the Elderly Act (Health and Safety Code Section 1569) or any alcoholism or drug abuse recovery or treatment facility as defined by Health and Safety Code Section 11834.02 or any successor statutes.
8.
"Increased occupancy" refers to a request to increase the number of individuals permitted or licensed by State or local law to occupy a group home.
C.
Application – Filing.
1.
Any individual with a disability, someone acting on his or her behalf, or a provider or developer of housing for individuals with disabilities, desiring to obtain accommodation in accordance with this Part 7 of the CMC shall file an application with the Planning Officer.
2.
A request for accommodation shall contain the following information:
a.
Name and address of the applicant and of all persons owning any or all of the subject property.
b.
Evidence that the applicant is the owner of the subject property or has written permission of the owner or owners to make such request.
c.
Location of the subject property, including address (or vicinity) and Assessor's parcel number(s).
d.
Legal description of the subject property.
e.
Description of the current use of the property.
f.
The specific regulations, policies, procedures and/or standards that are requested to be waived or modified.
g.
A statement setting forth the basis for the request, including verifiable documentation of disability status.
3.
The Planning Officer may request additional information as necessary that complies with the Acts and the privacy rights of the individual with a disability.
D.
Findings.
1.
The Planning Officer shall grant a request for accommodation where all of the following are established:
a.
The accommodation requested is intended to be used by an individual with a disability, who resides or will reside on the property; and
b.
The requested accommodation is necessary to afford an individual with a disability equal opportunity to use and enjoy a residential use; and
c.
The requested accommodation will not impose an undue financial or administrative burden on the city; and
d.
The requested accommodation will not require a fundamental alteration in the nature of the land use and zoning program of the city.
2.
An accommodation is granted to an individual and shall not run with the land unless the Planning Officer finds that the modification is physically integrated on the property and cannot feasibly be removed or altered.
E.
Commission Review Where Concurrent. When a request for accommodation is filed in conjunction with a permit, variance or any other discretionary land use action as provided by Part 7 and Division 2, the Commission shall grant a request for a reasonable accommodation concurrently with such permit, variance or other discretionary land use action in accordance with the required findings pursuant to the CMC.
F.
Notice of Determination.
1.
The Planning Officer or Commission shall notify the applicant of the action taken on a request for reasonable accommodation; said notice shall include the required findings.
2.
Notices of determination on application considered by the Planning Officer shall be issued thirty (30) days of the date the application is deemed complete.
3.
A copy of the notice of determination shall be provided to abutting owners of the subject property.
4.
The notice of determination shall give notice of the right to appeal, as set forth in subsection (H) of this section and CMC § 9173.4, Appeals.
G.
Recordation. The applicant shall record the findings of the grant in the office of the county recorder.
H.
Appeals.
1.
An appeal shall be made in writing, pursuant to the procedures established in CMC § 9173.4.
2.
All determination on the appeal shall address and be based upon the same findings required in accordance with the CMC.
3.
Decisions on appeal shall be effective on the date of decision and no further administrative appeals may be heard.
(Ord. 12-1485 § 1)
§ 9172.28 Administrative/Quasi-Judicial - Revocation.
A Conditional Use Permit, Variance, nonconforming privilege or other permission for a specific use or development pursuant to this Chapter, may be revoked through the following procedure:
A.
Initiation. Revocation proceedings may be initiated by the Council, Commission or Director.
B.
Commission Hearing and Notice. The Commission shall conduct a hearing with notice in the same manner as for a Conditional Use Permit (CMC § 9172.21(C)), except that notice to the owner of the subject property shall be given by service in the manner of a summons or by registered mail.
C.
Commission Decision. After the hearing, the Commission may, by resolution, revoke the permission for the use or development if any of the following are found:
1.
Approval was obtained by fraud, deceit or misrepresentation.
2.
The property is or has in the recent past been used or developed in violation of the conditions of approval or of other laws or regulations.
3.
The property is or has in the recent past been used or developed in a manner materially detrimental to public health, safety or welfare, or constitutes a public nuisance.
D.
Effective Date and Appeal.
1.
Such revocation shall become effective fifteen (15) days after the date of action by the Commission unless an appeal is filed in accordance with CMC § 9173.4.
2.
An appeal shall be considered by the Council as provided in CMC § 9173.4.
§ 9173.1 Applications.
A.
Form, Content and Information Required. The form and content of all applications and the nature of the information to be submitted therewith shall be as prescribed by the Director.
B.
Acceptance. No application shall be formally accepted by the Director until:
1.
All required information has been submitted.
2.
A period of at least six (6) months has elapsed since final action has been taken on any application for the same or substantially the same matter.
3.
The application fee, if any, has been paid. If, after accepting an application, the Director finds that all required information has not been submitted, the processing of the application and the running of any applicable time limits shall be suspended upon written notice to the applicant.
§ 9173.21 Hearings - Setting of Hearing.
A.
All required hearings shall be held, in the first instance, by the Commission.
B.
The Director shall set the time and place for Commission hearing.
C.
Any hearing on appeal from a Commission action, or other required hearing subsequent to a Commission hearing shall be held by the Council.
D.
The City Clerk shall set the time and place for Council hearing.
§ 9173.22 Hearings - Notification of Hearing (California Government Code Sections 65854 through 65854.5).
A.
Time. Notice of hearing shall be given at least ten (10) calendar days before the hearing.
B.
Content. A notice of hearing shall include:
1.
Time and place of hearing.
2.
A general explanation of the matter to be considered.
3.
A general description of the area affected.
C.
Posting. When a notice by posting is required, such notice shall be posted in at least three (3) public places in the City as designated by the Council. In addition, any property that is the subject of an administrative/quasi-judicial public hearing shall be posted by the applicant ten (10) days prior to the hearing in accordance with the requirements prescribed by the Director.
D.
Notice to Owners of Property within Seven Hundred Fifty (750) Feet.
1.
When notice to owners of property within three hundred (300) feet of the subject property is required by Sections 65091, 65095 and 65854 of the Government Code, or by any other applicable statute, such notice shall be made by first class mail or delivery to all persons, including businesses, corporations or other public or private entities, shown on the last equalized assessment roll as owning real property within seven hundred fifty (750) feet of the subject property.
2.
In connection with a legislative matter, in the event that the number of owners to whom notice would be sent pursuant to the preceding paragraph is greater than one thousand (1,000), as an alternative to such notice, notice may be given by either of the following procedures:
a.
By placing a display advertisement of at least one-eighth (1/8) page in a newspaper of general circulation published nearest to the City of Carson; or
b.
By placing an insert with any generalized first class mailing sent by the City to property owners in the area affected.
c.
Such advertisement or mailing insert shall specify:
(i)
The type and magnitude of the changes proposed.
(ii)
The place where copies of the proposed changes may be obtained.
(iii)
The time, date and place of hearing.
(iv)
The right to appear and be heard.
E.
Notice to Persons Requiring Notice. In all cases, in addition to other notices, notice shall be given by first class mail to any person who has filed a written request therefor with the Commission. Such a request may be submitted at any time during the calendar year and shall apply for the balance of such calendar year. A reasonable fee may be imposed on persons requesting such notice for the purpose of recovering the cost of such mailing.
F.
Notice to Affected Agencies. When notice to local agencies expected to provide water, sewage, streets, roads, schools or other essential facilities is required, such notice shall be made by first class mail or delivery to each such agency.
(Ord. 19-1904 § 10)
§ 9173.23 Hearings - Conduct of Hearing.
A.
Rules. The Commission shall adopt and publish rules for the conduct of its hearings.
B.
Continuances. Any hearing may be continued from time to time if the time and place of the continuance is announced prior to adjournment.
C.
Record of Hearing. Each hearing shall be recorded electronically or stenographically. A transcript shall be prepared and provided to any person on request and the payment of a fee to recover the cost of such preparation.
§ 9173.31 Decisions - Findings and Decision.
A.
In connection with each decision by the Commission or Director, written findings shall be adopted relating to the applicable criteria of the State Planning and Zoning Law and of this Chapter, and based upon the hearing and the record of the case. The Director shall not issue any decision approving or conditionally approving a proposed use or development without first obtaining the concurrence of the City Manager or his or her designee. Any such Director decision issued without such concurrence shall be of no force or effect.
B.
When more than one (1) type of decision is being made on a case, the findings and decision for each type of decision shall be presented as a separate document.
(Ord. 25-2515U, 7/1/2025; Ord. 25-2514, 7/15/2025)
§ 9173.32 Decisions - Notification of Decision.
For each decision, notice of the decision shall be sent by first class mail to:
A.
The applicant or person initially requesting consideration of the matter.
B.
Each person who has filed a written request therefor.
(Ord. 78-434)
§ 9173.33 Decisions - Effective Date.
Except as otherwise provided in the decision or by law:
A.
Decisions which are subject to appeal shall become effective fifteen (15) days from the date of action by the Commission or, in the case of Director's decision, fifteen (15) days from the date of the written notice containing the decision, unless appealed.
B.
Decisions not subject to appeal shall become effective immediately.
§ 9173.4 Appeals.
A.
Appellate Authority. Any decision made by the Director pursuant to this Chapter may be appealed to the Commission. Any decision made by the Commission pursuant to this Chapter may be appealed to the Council.
B.
Filing of Appeal.
1.
An appeal may be filed by any person, including any member of the City Council or the City Manager. In the event of an appeal by any member of the City Council or the City Manager, CMC § 9173.9 shall not apply and there shall be no fee required from any member of the City Council or the City Manager to perfect an appeal.
2.
An appeal shall be filed in writing within fifteen (15) days of the date of the Commission action, or in the case of an action by the Director, within fifteen (15) days of the date of the notice of decision.
3.
The form and content of an appeal shall include:
a.
The street address, if there is one, otherwise the legal description and location of the premises included in the action.
b.
The administrative file number (case number) identifying the matter which is being appealed.
c.
The specific matter being appealed.
d.
A statement of the grounds for appeal or how there is error in the decision of the matter being appealed; provided, however, that in the event of an appeal by any member of the City Council or the City Manager, subsections (a), (b), and (c) of this Section shall not apply and the statement of grounds need only provide, in substance and effect, a request that a specific decision, administrative case number, or resolution number, as the case may be, be reviewed by the Planning Commission or City Council, as the case may be. No other grounds for appeal need be stated to perfect such appeal and such statement need only be filed with the City Clerk.
4.
Unless otherwise provided, all appeals shall be filed with the City Clerk.
5.
If the appeal is found to be deficient, the City Clerk shall deliver or mail to the appellant, by certified mail, a notice specifying the particulars in which the appeal is deficient. If such deficiency has not been corrected by the appellant within seven (7) days after such mailing of such a notice of deficiency by filing with the City Clerk a sufficient amendment to the appeal, the appeal shall be deemed to be withdrawn and the appeal fee shall be returned to the appellant.
C.
Consideration and Decision.
1.
Upon acceptance of the filing of an appeal, the City Clerk shall set the matter for public hearing before the appellate body, in the same manner as required for a Commission hearing of such matter. The City Clerk shall notify the Director who shall transmit to the appellate body a summary of the factual data and the record of action taken on the case.
2.
Except as otherwise provided in this Chapter, in acting on an appeal the appellate body may:
a.
Affirm the decision; or
b.
Modify the decision; or
c.
Refer the matter back to the body from which the appeal originated, with instructions; or
d.
Reverse the decision.
3.
Unless referred back to the body from which the appeal originated, the appellate decision shall be supported by written findings.
D.
Failure to Act. The appellate body shall, within sixty (60) days of the filing of an appeal, act to either affirm, reverse, modify, continue or refer matter back.
E.
Following the denial of any permit application by the Director, the Planning Commission, or the City Council, as the case may be, or upon the revocation of any permit, use permit, or conditional use permit by the Director, the Planning Commission, or the City Council, as the case may be, no application for a permit, use permit, or conditional use permit for the same or substantially the same use or conditional use on the same or substantially the same real property shall be filed within one (1) year from the date denial or revocation of the permit, use permit, or conditional use permit became final within the meaning of this Chapter.
(Ord. 17-1634 §§ 1 – 3; Ord. 84-701 § 1; Ord. 83-668 § 1; Ord. 78-458 § 1)
§ 9173.5 Appeals - Statute of Limitations.
A.
Any court action or proceeding to attack, review, set aside, void or annul any decision regarding the General Plan or any matter mentioned in this Chapter (other than a matter governed by Government Code Section 65907) or concerning any of the proceedings, acts or determinations taken, done or made prior to such decision, shall not be maintained by any person unless such action or proceeding is commenced within sixty (60) days after the date on which such decision becomes final. Thereafter all persons are barred from any such action or proceeding or any defense of invalidity or unreasonableness of such decision or of such proceedings, acts or determinations.
B.
Any court action brought pursuant to Code of Civil Procedure Section 1094.5 to attack, review, set aside, void or annul any decision denying an application for a permit or revoking a previously granted permit, shall not be maintained by any person unless such action is commenced within ninety (90) days after the date on which such decision becomes final. This subsection has been adopted pursuant to Code of Civil Procedure Section 1094.6.
(Ord. 78-458 § 1)
§ 9173.9 Fees.
The fees to be paid in connection with applications, appeals and other matters of procedure provided for in this Chapter shall be determined by resolution of the City Council.
(Ord. 82-618 § 2; Ord. 82-607 § 1; Ord. 82-589U § 2; Ord. 74-479)
§ 9181.1 Property Affected.
The provisions of this Chapter shall apply, to the extent permissible under other laws, to all property within the City of Carson, whether such property is in public or private ownership, except freeways, streets, alleys and walkways which are dedicated for public use.
Parts 1, 6, 7, 8 and 9 of this Chapter are generally applicable to all zones. Unless otherwise specifically indicated, Parts 2, 3, 4 and 5 of this Chapter apply as follows:
Part 2 applies to the RA, RS and RM Zones.
Part 3 applies to the CN, CR and CG Zones.
Part 4 applies to the ML and MH Zones.
Part 5 applies to the OS Zone and such Special Use Zones as may be established.
§ 9181.2 Persons Affected.
The provisions of this Chapter shall apply, to the extent permissible under other laws, to all persons, agencies and organizations, both public and private, except that in circumstances where an overriding public interest is found to be served by an action or development undertaken by a public agency, the Commission or Council may waive the requirements of this Chapter to the extent deemed necessary.
§ 9181.3 Activities Affected.
A.
New or Changed Development or Use. Each provision of this Chapter shall apply, to the extent permissible under other laws, to all actions, activities or development initiated subsequent to the effective date of such provision, including but not limited to the following:
1.
The division or leasing of land.
2.
Construction, alteration, remodeling, expansion, replacement or relocation of any building, structure or other facility or portion thereof.
3.
The use and occupancy of land, buildings, structures or other facilities.
B.
Existing Development or Use. Any lawfully established development or use shall be permitted to continue without change, even though no conformance with provisions of this Chapter due to subsequent changes in such provisions, except as otherwise provided in Division 2 of this Part or elsewhere in this Chapter.
§ 9182.01 General Provisions - Applicability.
The provisions of this Division shall regulate the continuation, termination and modification of development and/or uses which were lawfully established but which are no longer in conformance with the provisions of this Chapter due to changes in such provisions. A mere change in ownership or tenancy without any change in use, occupancy or development shall not affect any of the nonconforming rights, privileges and responsibilities provided under this Division.
§ 9182.02 General Provisions - Changes and Alterations.
In connection with any development or use which involves a nonconformity, no change of use, expansion, addition, alteration, improvement, relocation on the same site or other changes shall be made unless the Director finds that at least one (1) of the following criteria is satisfied:
A.
The change is required by other applicable laws.
B.
The change is incident to the public acquisition of a portion of the site, no greater degree of nonconformity will be created other than that caused as a result of public acquisition, and the changed development will conform to current regulations to the maximum extent feasible.
C.
The changed facilities and/or use are, in themselves, in conformance with the provisions of this Chapter.
D.
The changes are limited to minor alterations, improvements, repairs or changes of use which do not increase the degree of nonconformity present and do not constitute or tend to produce an expansion or intensification of a nonconforming use. Any new structure incidental to a use defined by CMC § 9182.21 is deemed to be an expansion or intensification of the legal, nonconforming use and shall not be permitted unless subsection A of this Section applies.
No change or alteration made to any development or use shall be construed as authorizing an extension of any time limit for the termination of a nonconformity.
(Ord. 80-526 § 1)
§ 9182.03 General Provisions - Facilities Under Construction.
Nothing contained in this Chapter shall be deemed or construed to prevent the subsequent completion and use, in accordance with this Division, of any building or structure under construction before the effective date of this Chapter or any amendment thereto, provided:
A.
That such construction or the proposed use of such building or structure is not at said effective date in violation of any other law or regulation.
B.
That such building or structure is completed within:
1.
One (1) year from said effective date if less than three (3) stories in height and not more than seventy thousand (70,000) square feet in gross floor area, except that one (1) additional month shall be permitted for each fifteen thousand (15,000) square feet in excess of said seventy thousand (70,000) square feet.
2.
One and one-half (1-1/2) years from said effective date if three (3) but less than seven (7) stories in height and not more than one hundred thousand (100,000) square feet in gross floor area, except that one (1) additional month shall be permitted for each fifteen thousand (15,000) square feet in excess of said one hundred thousand (100,000) square feet.
3.
Two (2) years from said effective date if seven (7) stories or more in height and not more than one hundred fifty thousand (150,000) square feet in gross floor area, except that one (1) additional month shall be permitted for each fifteen thousand (15,000) square feet in excess of said one hundred fifty thousand (150,000) square feet.
The Director may extend any of the above time limits for completion and use of a building or structure if he finds that reasonable progress toward completion is being made.
C.
That such building or structure is constructed under authorization of a building permit issued prior to said effective date or issued pursuant to a vested right acquired prior to said effective date.
Any nonconformity existing in any building, structure or use completed in accordance with the provisions of this Section shall be subject to termination pursuant to this Division. |
In the case of a grading permit issued for a development or use prior to the effective date of any provision of this Chapter which makes such development or use nonconforming, said grading permit shall be null and void unless a vested right has been acquired prior to said effective date. |
§ 9182.04 General Provisions - Repair of Accidental Damage.
A.
A nonconforming building or structure which is accidentally damaged may be repaired provided the cost of the repairs does not exceed fifty (50) percent of the value of the repaired building or structure, said cost and value to be estimated by the Building Official. In the case of a building or structure which is necessary to the functioning of a complex of buildings and/or structures, the estimates of cost and values shall be for such interdependent complex as a whole. In the case of successive incidents of damage, the estimate of repair cost shall be for all uncompleted repairs following the most recent damage.
B.
The repair of buildings or structures pursuant to this Section shall not be construed as authorizing an extension of any time limit for the termination of a nonconformity.
C.
Repairs made pursuant to this Section shall be made in conformance with the current regulations of this Chapter to the maximum extent feasible, in the opinion of the Director, and shall fully comply with all other applicable laws and regulations. This provision shall not be construed to require a reduction in intensity of use from that existing prior to the damage. The degree of nonconformity shall not be increased under any circumstances.
§ 9182.05 General Provisions - Extension of Nonconforming Privilege.
In accordance with the provisions of CMC § 9172.25, the Commission may approve one (1) or more extensions of any time limit specified for termination of a nonconforming use or other nonconformity.
§ 9182.06 General Provisions - Off-Site Relocation.
When a building or structure is relocated to another site it shall be made conforming in all respects with the provisions of this Chapter and all other applicable laws and regulations.
§ 9182.07 General Provisions - No Reversion to Nonconformance.
When any nonconformity is eliminated or brought into conformance with current regulations, the nonconforming rights and privileges with respect to that nonconformity are thereupon terminated and may not be restored.
§ 9182.08 General Provisions - Continuation of Nonconformities with a Nonconforming Use.
Whenever a nonconformity exists incidental to a nonconforming use, said nonconformity shall be terminated in accordance with the termination provisions of this Division, except such nonconformity may continue until the time specified for the termination of the nonconforming use if such nonconformity is brought into compliance with the regulations of the most restrictive zone wherein the use is permitted.
§ 9182.09 General Provisions - Conversion of Residential Structures to Commercial Uses.
A.
Mandatory Standards. The following standards shall be mandatory in connection with the conversion of residential structures to commercial uses in commercial zones:
1.
All conversions are subject to site plan and design review pursuant to CMC § 9172.23.
2.
All conversions are required to comply with applicable Site Development Standards (Division 6 of Part 3 of this Chapter) and General Development Standards (Part 6 of this Chapter), including, but not limited to front yard setbacks (CMC § 9136.23), side yard setbacks (CMC § 9136.24), rear yard setbacks (CMC § 9136.25), space between buildings (CMC § 9136.27), encroachments (CMC § 9136.29), fences, walls and hedges (CMC § 9136.3), trash and recycling areas (CMC § 9136.4), paving and drainage of vehicular areas (CMC § 9162.05), required parking spaces (CMC § 9162.21), and required landscaping (CMC § 9162.52).
3.
All conversions are subject to regulations established in the City Building Code.
4.
All units on the subject property shall be converted to commercial uses.
5.
Structures which do not conform in all respects to Zoning Ordinance and Building Code requirements are subject to CMC § 9182.22 (Termination of Existing Nonconforming Use) of this Division.
B.
Design Standards. The following design standards shall, to the extent feasible, apply to conversion of residential structures to commercial uses in commercial zones:
1.
Architectural features and general improvements shall be compatible with those of newer commercial structures in the general vicinity.
2.
The facade shall be repainted or restuccoed. Colors and facade treatments shall be compatible with those of newer commercial structures in the general vicinity.
3.
Roof material shall be replaced with a material compatible with that of newer commercial structures in the general vicinity. A clay tile or concrete material is recommended.
4.
Window and door treatments shall be compatible with design characteristics of newer commercial structures in the general vicinity.
5.
Canvas awnings are recommended for all first floor storefront windows. Colors of awnings shall be compatible with the facade color of the structure and of newer commercial structures in the general vicinity.
6.
Business signs shall be integrated with the building design as well as compatible with the design of newer commercial structures in the general vicinity. Pole signs are discouraged.
7.
All existing and proposed landscaping shall be properly maintained, or replaced with landscaping of equal or greater prominence. Drought-tolerant landscaping and irrigation practices are recommended.
8.
All ground floor level street facades shall include elements of pedestrian scale.
(Added by Ord. 93-1021 § 3)
§ 9182.1 Site Nonconformities - Site Nonconformity.
Any lawfully created lot which becomes nonconforming as to lot area, lot width, street frontage, or vehicular access requirements may continue indefinitely with such nonconformity and may be developed and used as if it were a conforming lot, except that a new or additional use shall not be developed on a lot which is nonconforming as to vehicular access. This Section shall not be construed as authorizing the establishment of a use for which special site requirements exist differing from the basic requirements of the zone unless the site meets such special requirements at the time such use is established.
(Ord. 79-460 § 5)
§ 9182.21 Site Nonconformities - Nonconforming Use Eligible for Conditional Use Permit or Other Approval.
Any use lawfully established as an automatically permitted use which subsequently is designated as a use requiring a conditional use permit or other special approval shall be considered to be a nonconforming use until such time as a conditional use permit or other such special approval is granted.
In granting a conditional use permit or special approval for such use, conditions may be included which provide for either the continuation or termination of each nonconformity existing on the site. Such conditional use permit or other approval shall not authorize the creation of additional or expanded uses or facilities which are not in conformance with current regulations. Any extension of a nonconformity beyond the time limit otherwise required shall be subject to the criteria of CMC § 9172.25(D).
This Section shall not apply to:
A.
Those uses lawfully established on property prior to the designation of said property as ORL (Organic Refuse Landfill) and which would not be subject to the requirement of a conditional use permit except for such designation.
B.
Mobile home, and trailer parks lawfully established on property in the residential and commercial zones prior to enactment of the conditional use permit requirement.
C.
Existing alcoholic beverage sales and service businesses lawfully established on property in the commercial and industrial zones prior to January 21, 1983. Notwithstanding the preceding, the provisions of this Section shall apply to each business that ceases to operate continuously without substantial change in mode or character of operation. Additionally, the provisions of this Section shall apply to each such business that does any of the following:
1.
Knowingly allows, during three (3) or more months within any twenty-four (24) month period, a nuisance activity to occur within the premises or in close proximity to the premises. For purposes of this provision, "nuisance activity" refers exclusively to the following: disturbance of the peace, illegal drug activity, public drunkenness, public alcohol consumption, public urination, and excessive loud noise.
2.
Allows the business license for such business to lapse for more than thirty (30) days after written notification of the lapse. The written notification shall be provided by either (a) hand delivery, receipt of which shall be acknowledged in writing, to the store operator at the business address; (b) certified mail, return receipt requested to both the business address and the address listed on the business license; or (c) other method offering equivalent proof of actual notice.
Any existing alcoholic beverage sales and service business that does any of the above shall, upon determination of the Planning Commission after a public hearing, be considered a nonconforming use until such time as a conditional use permit is granted. The Planning Commission shall make such determination by resolution, and shall specify in its resolution the grounds resulting in the nonconforming use designation. The Planning Commission's determination may be appealed to the City Council in accordance with CMC § 9173.4. Alcoholic beverage sales at each such business shall terminate no later than sixty (60) days from the date of the nonconforming use designation by the Planning Commission, or the date of the City Council's decision on appeal if an appeal was timely filed and the nonconforming use designation was upheld, unless an application for a conditional use permit has been filed for the business. Each such business shall thereafter be operated in accordance with the terms of the approved conditional use permit or shall cease alcoholic beverage sales if the conditional use permit application is denied.
D.
Reserved.
E.
Existing multiple dwelling and planned unit developments lawfully established on property within multiple dwelling residential zones prior to September 20, 1984.
F.
Existing, lawfully established residential uses located within a Mixed-Use (MU) District prior to the enactment of the conditional use permit requirement, except as provided in CMC § 9182.1.
G.
Lawfully established restaurants and service stations which received discretionary approval within the last five (5) years from the date of a zone change to the CA (Commercial, Automotive) Zone District.
H.
Existing, lawfully established truck terminals prior to the enactment of the Conditional Use Permit requirement, as described in CMC § 9182.27.
I.
Existing, lawfully established automobile laundries located within the MU-CS zoning district prior to enactment of the conditional use permit requirement, except as provided in CMC § 9182.1.
J.
Existing, lawfully established caretaker's residences that have received proper discretionary approval by the Planning Commission located in an industrial zoning district prior to enactment of the conditional use permit requirement, except as provided in CMC § 9182.1.
K.
Existing, lawfully established sale of diesel fuel or LPG located at an automobile service station that has been approved by the Planning Commission prior to enactment of the conditional use permit requirement, except as provided in CMC § 9182.1.
(Ord. 81-585 § 3; Ord. 78-449; Ord. 01-1231 § 3; Ord. 82-621 § 5; Ord. 11-1479 § 16; Ord. 06-1363 § 9; Ord. 04-1308 § 7; Ord. 03-1279 § 25; Ord. 94-1039 § 16; Added by Ord. 84-700 § 6)
§ 9182.22 Site Nonconformities - Termination of Existing Nonconforming Use.
A lawfully established use which becomes a nonconforming use, including any buildings, structures or facilities designed or intended only for uses which are nonconforming, shall be terminated and such buildings, structures or facilities shall be removed or made conforming in all respects within the time period specified in subsection A or B of this Section, whichever is applicable and results in the later termination date.
A.
The time period indicated in the following table measured from the date of becoming a nonconforming use:
Use | Allowable Life |
|---|---|
Use of land without buildings or structures. | 1 year |
Use involving only buildings or structures which would not require a building permit to replace such buildings or structures (but not including a mobile home park). | 3 years |
Mobile home park; mobile homes on individual lots. | 35 years |
Use involving buildings or structures which would require a building permit to replace such buildings or structures. | 20 years |
Outdoor advertising use. | 5 years |
Trailer parks. | 20 years |
Producing oil wells, oil storage tanks. | 20 years |
Sale of convenience goods at automobile service stations within 300 feet of any school. | 20 years |
Arcades. | 5 years |
Existing indoor mini-marts, auction house. | 10 months |
Truck-related uses defined in CMC § 9148.8 which require a conditional use permit. | 1 year |
Cargo container storage; provided, however, that effective February 5, 1988: | 6 months |
(1) No cargo container storage shall be permitted within fifty (50) feet of any residentially zoned property which involves any stacking more than one (1) container high; | |
(2) No cargo container storage shall be permitted within one hundred (100) feet of any residentially zoned property which involves any stacking more than two (2) containers high; and | |
(3) In no event shall any cargo container storage be permitted on any site which involves any stacking more than three (3) containers high. | |
Existing food/grocery stores in residential zones. | Expires December 31, 2003 |
Multiple-family residential uses located within a Mixed-Use (MU) District with ten (10) or more units (except existing mobile home parks), subject to CMC § 9182.24. | 2 years |
Residential uses located within a Mixed-Use (MU) District with nine (9) units or less, subject to CMC § 9182.24. | 5 years |
Adult business. | 5 years |
Massage service. | 1 year |
Tattoo service. | 1 year |
Wireless telecommunications facility, transmitter, receiver or repeater station – radio, television, microwave. | 5 years |
Vehicle repair and service located within the Commercial, Regional (CR) Zone, the Mixed-Use Residential (MUR) Overlay District and properties in all zones within one hundred (100) feet of residential zones, subject to CMC § 9182.26. | 5 years |
Truck yard. | 1 year |
Alcoholic and beverage control (ABC) license, on-sale and off-sale only (subject to the requirements of CMC § 9138.5). | 3 years |
Alcoholic and beverage control (ABC) license, on-sale and off-sale only with a conditional use permit shall be subject to the requirements of CMC § 9138.5. | 1 year |
Transient hotels, motels with a conditional use permit shall be subject to the requirements of CMC § 9138.19. | 1 year |
Payday loans. | 3 years |
B.
The time period indicated in the following table measured from the date of construction of the most recently constructed main building or other major facilities which are designed or intended for the nonconforming use:
Structure Type According to Building Code* | ||||
|---|---|---|---|---|
Type of Structure* | Old Classification | New Classification | Use | Allowable Life |
Light metal or wood frame | IV, V | II (1 -Hour) II-N, V | Nonresidential | 25 years |
Light metal or wood frame | IV, V | II (1-Hour) II-N, V | Residential except single-family dwellings | 30 years |
Light metal or wood frame | IV, V | II (1-Hour) II-N, V | Single-family dwellings | 35 years |
Heavy timber, masonry, concrete | II, III | II (Fire Resistive) III, IV | All | 40 years |
Fire resistive heavy steel and/or concrete | I | I | All | 50 years |
*Building Code classification shall take precedence over type of material in case of conflict. |
(Ord. 22-2211 § 18; Ord. 09-1419 § 7; Ord. 06-1363 § 9; Ord. 06-1349 § 6; Ord. 04-1322 § 9; Ord. 04-1308 § 6; Ord. 03-1290 § 11; Ord. 03-1284 § 7; Ord. 03-1279 § 26; Ord. 94-1039 § 17; Ord. 94-1037 § 8; Ord. 94-1035U § 7; Ord. 93-1024 § 1; Ord. 92-982 § 3; Ord. 87-822 § 3; Ord. 87-813 § 5; Ord. 86-763U § 3; Ord. 84-685 § 9; Ord. 84-679 § 2; Ord. 81-550 § 1; Ord. 2-79)
§ 9182.23 Site Nonconformities - Discontinued Use.
When a nonconforming use has ceased to operate for a period of one (1) year, all nonconforming rights and privileges pertaining to such use shall be terminated. This Section shall not apply to any use for which a different period of discontinuance or abandonment is specified pursuant to other provisions of this Chapter.
§ 9182.24 Site Nonconformities - Continuation of Residential Use within a Mixed-Use (MU) District.
A.
Existing, lawfully established multiple-family residential uses within a Mixed-Use (MU) District with ten (10) or more units per property (except existing mobile home parks) shall obtain the approval of a Development Plan by the Planning Commission pursuant to CMC § 9172.23 (Site Plan and Design Review). An application for a Site Plan and Design Review shall be submitted in accordance with the provisions of this Section within a two (2) year period of the effective date of this Section or prior to the termination of the amortization period, whichever provides the greater amount of time.
When approving a Development Plan, the Commission shall make findings regarding the adequacy of on-site parking and applicable site development standards contained in Part 6 of this Chapter. The Commission shall require, as a condition precedent to continued use of the property under the Development Plan, that a report be submitted by the applicant, which shall provide and include plans to eliminate or mitigate any Building, Plumbing, Electrical and Fire Code deficiencies. The Planning Commission may require additional improvements to the property, or any buildings or structures thereon, which may include but are not limited to the following:
1.
New or rehabilitated landscaping;
2.
Exterior changes to promote compatibility of buildings and structures with surrounding development;
3.
General repairs to vehicular maneuvering or parking areas;
4.
Modifications designed to bring a structure more nearly into compliance with the applicable standards for multiple-family residential uses.
B.
Existing, lawfully established multiple-family residential uses located within a Mixed-Use (MU) District with nine (9) or less units per property shall be allowed to continue indefinitely under existing ownership of the property, except that the provision of CMC § 9182.22 shall apply if ownership of the property changes and the use shall be terminated if the property is occupied by structures declared substandard pursuant to Chapter 99 of the Building Code. For purposes of this Section, a change of ownership shall be defined by Sections 60 through 69.5 et sub. of the Revenue and Taxation Code of the State of California.
(Ord. 06-1363 § 9; Added by Ord. 94-1039 § 15)
§ 9182.25 Site Nonconformities - Continuation of Churches, Temples or Other Places of Religious Worship Located within the CR (Commercial, Regional) Zone or MU-CS (Mixed-Use – Carson Street) Zone.
A.
All existing churches which were lawfully established within the CR (Commercial, Regional) Zone shall be subject to the approval of a Development Plan by the Director of Community Development pursuant to CMC § 9172.23 (Site Plan and Design Review) and CMC § 9138.22 (Church Uses within the CR (Commercial, Regional) Zone). Existing churches, temples, or other places of worship lawfully established within, and prior to the adoption of the MU-CS (Mixed-Use – Carson Street) Zone shall be subject to the approval of a Site Plan and Design Review pursuant to CMC § 9172.23 as determined by the Planning Commission. An application for a Site Plan and Design Review shall be submitted in accordance with the provisions of this Section within a one (1) year period of the effective date of the ordinance codified in this Section or prior to the termination of the amortization period, whichever provides the greater amount of time.
B.
When approving a Development Plan, the Director of Community Development shall make findings regarding the adequacy of on-site parking and applicable site development standards contained in Part 6 (General Development Standards) of this Chapter. The Director of Community Development shall require as a condition precedent to continued use of the property under the Development Plan, that a report be submitted by the applicant, which shall provide and include plans to eliminate or mitigate any Building, Plumbing, Electrical, and Fire Code deficiencies. The Director of Community Development may require additional improvements to the property, or any buildings or structures thereon, which may include but are not limited to the following:
1.
New or rehabilitated landscaping;
2.
Exterior changes to promote compatibility of buildings and structures with the surrounding development;
3.
General repairs to vehicular maneuvering or parking areas;
4.
Modifications designed to bring a structure more nearly into compliance with the applicable standards for public assembly uses as per applicable Building and Safety Codes in effect at the time of application.
(Ord. 09-1420 § 3; Ord. 97-1115 § 3)
§ 9182.26 Site Nonconformities - Continuation of Vehicle Repair and Service.
A.
Existing lawfully established vehicle repair and service uses located within the CR (Commercial, Regional), MU (Mixed-Use) District and all zones within one hundred (100) feet of residential zones shall obtain a Conditional Use Permit by the Planning Commission pursuant to CMC § 9172.21. An application for a Conditional Use Permit shall be submitted within a five (5) year period of the effective date of the ordinance codified in this Section or prior to the termination of the amortization period, whichever provides the greater amount of time.
When approving a Conditional Use Permit, the Commission shall make findings regarding the adequacy of on-site parking and applicable development standards contained in CMC § 9138.2. The Commission shall require, as a condition precedent to the continued use of the property under the Conditional Use Permit, that a report be submitted by the applicant, which shall provide and include plans to eliminate or mitigate any Building, Plumbing, Electrical and Fire Code deficiencies. The Commission may require additional improvements to the property, or any buildings or structures thereon, which may include but are not limited to the following:
1.
New or rehabilitated landscaping;
2.
Exterior changes to promote compatibility of buildings and structures with surrounding development;
3.
General repairs to vehicular maneuvering or parking areas;
4.
Modifications designed to bring a structure more nearly into compliance with the applicable standards for commercial uses.
This section shall not validate any existing illegal vehicle repair and service facilities.
(Ord. 06-1363 § 9; Ord. 04-1322 § 10)
§ 9182.27 Site Nonconformities - Continuation of Existing, Lawfully Established Truck Terminals.
Existing, lawfully established truck terminals, prior to the enactment of the Conditional Use Permit requirement, shall continue as legal, conforming uses pursuant to the existing provisions of the Carson Municipal Code, just as if the foregoing Code amendments had never been enacted. The City Council hereby finds that the only existing, lawfully established truck terminals, prior to the enactment of the Conditional Use Permit requirement, are as follows:
1.
The land and improvements commonly known as 21300 S. Wilmington Avenue, Carson, California 90810 including, without limitation, the land known as Assessor Parcel Number 7316-023-033.
2.
The land and improvements commonly known as 1101 E. Janis Street, Carson, California 90746 including, without limitation, the land known as Assessor Parcel Number 7319-032-004.
3.
The land and improvements commonly known as 20805 S. Fordyce Avenue, Carson, California 90810 including, without limitation, the land known as Assessor Parcel Numbers 7318-015-019 and 7318-015-020.
(Ord. 04-1308 § 8)
§ 9182.28 Site Nonconformities - Payday Loans.
Existing lawfully established payday loan facilities as of April 7, 2009, may continue to operate without complying with the conditional use permit requirements of CMC § 9172.21.
(Ord. 09-1419 § 8)
§ 9182.29 Site Nonconformities - Continuation of Legal Nonconforming Walls Located within an Industrial Zone.
A.
Existing, lawfully established walls encroaching to a required front or side yard setback within an industrial zone shall obtain approval of a Development Plan by the Planning Commission pursuant to CMC § 9172.23 (Site Plan and Design Review) if the properties are determined to no longer have nonconforming rights and privileges pertaining to the location of said walls. All such walls shall be reviewed and approved by the Planning Commission at a public hearing. If it is determined that the property can be brought into compliance with the setback requirements, either wholly or in part, such existing nonconforming wall shall be subject to abatement.
B.
When approving a Development Plan, the Planning Commission shall make findings regarding the following:
1.
The wall is in good condition and well maintained;
2.
The wall is constructed of brick, stone or concrete block and determined to coordinate with the building to which it is associated and compatible with the existing or anticipated character of the area;
3.
The wall is three and one-half (3-1/2) feet or higher;
4.
The length of the existing wall is one hundred (100) feet or greater;
5.
Physical conditions of the site or the operation conducted at the site make it difficult to meet the setback requirements; and
6.
A landscape maintenance plan has been provided.
C.
The Planning Commission may as a condition of approval require additional improvements to the property, the wall or any buildings or structures thereon to ensure that the site meets acceptable design standards to justify the retention of a portion of the legal, nonconforming wall. The Planning Commission shall include, but is not limited to, applying the following standards to the property:
1.
Up to fifty (50) percent of existing nonconforming walls may remain subject to an approved development plan. Up to sixty-five (65) percent may be approved if there are extenuating circumstances. Minimum of thirty-five (35) to fifty (50) percent of the wall length shall meet the required setback by providing at least ten (10) feet of landscape area for the applicable front or side yard setback;
2.
The remaining portion of the wall may be permitted to remain as a nonconforming wall in the existing location and shall cease to retain any nonconforming rights and privileges if subsequent development permits comply with applicable setback requirements;
3.
Modifications may be required to bring the wall more nearly into compliance with the applicable standards for industrial zones, to find that the design of the wall is adequate and to address compatibility with the surrounding area; and
4.
Landscaping for the front yard or side yard setback shall be provided and designed in a way to provide an attractive appearance and to screen any section of the wall that is located along the street or subject to potential graffiti. The landscaping shall be designed to complement the entire site design. Large shrubs (minimum fifteen (15) gallon) shall be used as part of the screening. Enhanced landscaping may include hardscape, pedestrian accommodations, ornamental fencing, public art, special monumentation at street corners, or other amenities as approved by the Planning Division.
(Ord. 13-1518 § 2)
§ 9182.3 Density Nonconformities - Repealed.
Repealed by Ord. 22-2211.
(Ord. 14-1539 § 1; Ord. 03-1290 § 10)
§ 9182.31 Density Nonconformities - Nonconforming Residential Density for Sex Offenders.
A.
A lawfully established temporary or permanent residence for a sex offender subject to the provisions of CMC § 9122.9 and § 9138.72 shall be permitted to continue indefinitely provided the residential dwelling unit is not occupied by more than one (1) sex offender, unless those persons are legally related by blood, marriage or adoption.
B.
A lawfully established temporary or permanent residence for a sex offender subject to the provisions of CMC § 9122.9 and § 9138.72 which becomes nonconforming as a result of two (2) or more sex offenders, not legally related by blood, marriage or adoption, residing in the residential dwelling unit shall be made conforming within six (6) months from the effective date of the ordinance which results in the nonconformity.
(Ord. 08-1413 § 4; Ord. 08-1414U § 3; Ord. 08-1413U § 4)
§ 9182.41 Site Development Nonconformities - Nonconformity Requiring Capital Expenditure to Conform.
Lawfully established site development, improvements, buildings and/or structures which become nonconforming with respect to site development regulations, and which cannot be made conforming without incurring a capital expenditure or loss, either shall be made conforming or allowed to continue as indicated in the following table, unless otherwise provided in this Chapter. Any site development which is not listed herein, or for which there is no specified time period for conformance, shall conform within six (6) months from the effective date of the regulation or ordinance which results in the nonconformity (i.e., date of nonconformance).
Nonconformity | Requirement | |
|---|---|---|
A. | Building height, yard area, open space and/or encroachment therein. Wall, fence or hedge of excess height. Storage space. | Existing conditions allowed to continue indefinitely. |
B. | Wall, fence (other than of excess height), screen enclosure or building enclosure. | Shall be provided in a conforming manner within 3 years from date of nonconformance, except: |
1. If Director finds an existing enclosure is available for transportable material or equipment, it shall conform within 60 days. | ||
2. When a wall is required along a zoning boundary, said wall shall be provided by a property owner if such property owner, or his predecessor in interest, was the applicant for the zone change which created the nonconformity, or, in other cases, by the abutting property owner who first makes other improvements on his property requiring a building permit with a valuation as determined by the Building Official of more than $5,000. | ||
C. | Lot improvements of areas used for parking, loading, maneuvering, and/or storage of vehicles (includes paving, drainage, perimeter guards and lighting; excludes striping). | Shall conform within 6 months of the date of nonconformance. |
D. | Lot layout, number and size of parking spaces, and landscaping of parking area (except parking for a dwelling). | Allowed to continue indefinitely, except that any expansion or intensification of use which requires additional parking space shall be required to provide only the parking space needed to serve the expansion or intensification of use. |
E. | Nonconformity with respect to truck vehicle space specifications and/or maneuvering area standards (does not apply to lot improvements set forth in subsection C of this Section). | Allowed to continue indefinitely, except that any expansion of use shall require that all truck loading and maneuvering areas be made conforming to the extent feasible in the opinion of the Director. |
F. | Parking for a dwelling, including number of spaces and type of enclosure. | Allowed to continue indefinitely. |
G. | Striping or marking of vehicular parking spaces or stalls. | Allowed to continue indefinitely except that any resurfacing or alteration of an existing parking area which removes existing striping, shall be made conforming. |
H. | Trash areas. | Shall conform within 1 year from the date of nonconformance. |
I. | "A" frame signs, "sandwich" signs, portable signs, streamers, banners, pennants, etc. | Shall be removed within 60 days from the date of nonconformance. |
J. | Temporary signs announcing termination or conversion of a use. | Shall be removed within 30 days from the date of nonconformance. |
K. | Flashing, scintillating and revolving signs. | Shall be removed or converted to a conforming sign within 180 days from the date of nonconformance. |
L. | Other signs. | Shall be removed or made conforming within 5 years from the date of nonconformance. |
M. | Utilities. | Allowed to continue indefinitely, except that any replacement of an existing line shall be made in a conforming manner to the extent feasible in the opinion of the Director. |
(Ord. 22-2211 § 20; Ord. 93-1012 § 1; Ord. 92-967 § 1; Ord. 87-821 § 22)
§ 9182.42 Site Development Nonconformities - Nonconformity Involving Only Noncapital Expenditure or Loss to Conform.
Unless otherwise specified, lawfully established facilities, operations or other circumstances which become nonconforming, but which can be made conforming without a capital expenditure or capital loss, shall be made conforming within one (1) year from the date of nonconformance.
§ 9182.43 Site Development Nonconformities - Nonconformity for Discount Stores.
Existing lawfully established discount stores may continue to operate indefinitely without complying with the provisions of CMC § 9138.19. The existing stores may expand their floor area without complying with the provisions of CMC § 9138.19. All expansions shall require a site plan and design review application to ensure upgrading the facade of the building(s), the signs, and the landscaping for the site.
(Ord. 16-1603 § 4)
§ 9182.44 Site Development Nonconformities - Nonconformity for Convenience Stores.
Existing lawfully established convenience stores, including those associated with other businesses such as automobile service stations, may continue to operate indefinitely without complying with the provisions of CMC § 9138.12 and § 9138.14. Existing convenience stores including those associated with other businesses such as automobile service stations may expand their floor area without complying with the provisions of CMC § 9138.12 and § 9138.14. All expansions shall require a site plan and design review application to ensure upgrading the facade of the building(s), signage, and the landscaping for the site.
(Ord. 16-1602 § 10)
§ 9182.45 Nonconformity for Automobile Service Stations.
Existing lawfully established automobile service stations, including those associated with other businesses, may continue to operate indefinitely without complying with the provisions of CMC § 9138.14. Existing automobile service stations including those associated with other businesses may expand their floor area without complying with the provisions of CMC § 9138.14. All expansions shall require a site plan and design review application to ensure upgrading the facade of the building(s), signage, and the landscaping for the site.
(Ord. 16-1602 § 11)
§ 9182.46 Site Development Nonconformities - Nonconformity for Use or Storage of Regulated Substances.
Any existing use that was lawfully established as a permitted use but which uses or stores hazardous materials or CalARP regulated substances (as such terms are defined in CMC § 9141.1) in a manner that is designated as a prohibited use by CMC § 9141.1 as amended by Ordinance No. 21-2120, is deemed nonconforming under this division if such an existing use fails to apply for and obtain a Director-approved permit under this Section within sixty (60) days of the date Ordinance No. 21-2120 goes into effect ("application deadline"). The Director-approved permit will allow such a use to continue to operate and become exempt from the nonconforming use regulations of the City's zoning ordinance notwithstanding the regulations of CMC § 9141.1 pertaining to CalARP regulated substances and hazardous materials without starting the clock on the applicable amortization period for the use to be terminated or made conforming, effectively freezing the running of the amortization period while the Director-approved permit is in effect. Put another way, the applicable amortization period for the use to be terminated or made conforming shall commence on the date of the missed application deadline. The Director-approved permit will be deemed effective as of the date of submission of the completed application, as determined by the Director. However, failure to timely submit a completed application will not preclude the existing use from later applying for and obtaining the Director-approved permit to avail the existing use of the exemption, provided a completed application is submitted before expiration of the applicable amortization period. Also, if the Director-approved permit ever lapses and the permittee does not timely reapply in conformance with this Section, the remaining amortization period will commence running from the date of the missed reapplication deadline. The applicable amortization period will freeze during all periods for which a Director-approved permit is in effect, inclusive of any permits issued on an aggregate basis pursuant to this Section. Applications for the Director permits must be submitted on a Director-approved application form for approval, must be accompanied by payment of an application fee in the amount determined by resolution of the City Council, and will require applicants to do the following:
(A)
File a certification with City, concurrently with application submission, under penalty of perjury, (i) stating whether the applicant's land use possesses or uses, or will possess or use, hazardous materials or CalARP regulated substances, and for what purpose, (ii) itemizing the specific types of hazardous materials or CalARP regulated substances that will or may be possessed or used, specifying the quantities (both then-current quantities and anticipated maximum quantities) that will or may be possessed or used at any given time, both on an itemized basis and cumulatively, and (iii) reporting any outstanding violations of State Unified Program regulations and the status of efforts or measures taken to correct same. If at any time any information specified in the certification becomes outdated or is no longer accurate, applicant must submit, within thirty (30) days after learning that the information is no longer accurate, an addendum to the application which includes and certifies the corrected/updated information; and
(B)
Agree to allow a City inspector to (i) inspect the premises of the land use at least once per year for compliance with this code, including this Section and the Director-approved permit (including the most recent certification on file with the City for the use as of the date of the inspection), and (ii) submit reports of such inspection to the Certified Unified Program Agency having jurisdiction in the City (the Los Angeles County Fire Department, Health Hazardous Materials Division (CUPA)) when the inspector finds any suspected violations of CalARP or other State Unified Program regulations identified during the inspections.
The Director shall approve applications for Director-approved permits pursuant to this Section upon confirmation that they comply with subsections (A) and (B) of this Section, but if the applicant at any point fails or refuses to submit any required certification addendum or to submit to any of the annual inspections or reports, the Director-approved permit shall be deemed automatically lapsed without any City action or hearing needed, provided only that the Director notifies the applicant of the lapse in permit. If the permit lapses, the applicant may reapply for the permit by no later than sixty (60) days of receipt of the Director's notice of lapse; however, the applicant or use shall be allowed to apply or reapply for a Director-approved permit pursuant to this Section a maximum of three (3) times. Notwithstanding anything else, if at any time the information contained in any application or addendum pursuant to this Section is determined by the Director to have been falsified or to be fraudulent, then upon notice from the Director, the applicant shall be automatically and permanently ineligible to receive any Director-approved permit pursuant to this Section, and any already-issued Director-approved permit pursuant to this Section shall automatically be deemed null and void effective retroactively as of the date of submission of the falsified or fraudulent application or addendum.
(Ord. 21-2120 § 3(B))
§ 9183.1 Continuity of Zoning Regulations.
The provisions of this Chapter, insofar as they are substantially the same as previous provisions of the Carson Municipal Code or any other ordinance repealed, amended or superseded upon the enactment of the provisions of this Chapter, shall be construed as restatements and continuations of said previous provisions, and not as new enactments.
§ 9183.2 Pending Proceedings.
Proceedings initiated under provisions repealed, amended or modified by the provisions of this Chapter, and any vested right, shall not be affected by the enactment of the provisions of this Chapter, except that subsequent proceedings shall conform to the provisions of this Chapter insofar as possible.
§ 9183.3 Rights Under Previous Approvals.
An Exception, Variance, Special Use Permit or other approval previously granted by the City and which would be eligible for consideration as a Variance, Conditional Use Permit or other approval under this Chapter shall be deemed to be approved under this Chapter, subject to the terms of such approval, with respect to existing uses and facilities. Any change in use or major expansion of facilities shall be subject to the provisions of this Chapter.
An Exception, Special Use Permit or other approval granted prior to the incorporation of the City and which would be eligible for consideration as a Variance, Conditional Use Permit or other approval under this Chapter shall be deemed to be approved under this Chapter, subject to the terms of such approval, upon the receipt by the Director of a written request therefor from the property owner or his authorized representative, with respect to existing uses and facilities. Any change in use or major expansion of facilities shall be subject to the provisions of this Chapter.
All other Exceptions, Special Use Permits and other approvals or conditions thereof, not in conformance with the provisions of this Chapter, shall be deemed to be nonconforming and subject to the provisions of Division 2 of this Part.
Notwithstanding any other provisions of this Section, if an Exception, Special Use Permit or other approval deemed to be approved pursuant to this Section, or any condition thereof, has resulted in a nonconformity, such nonconformity shall be subject to the provisions of Division 2 of this Part (CMC § 9182.01 through § 9182.42).
(Ord. 86-752 § 1; Ord. 86-741U § 1; Ord. 86-735U § 1)
§ 9183.4 Previous Violation or Conviction.
Any violation of and/or conviction under any provision repealed, amended or modified by the provisions of this Chapter shall be considered as a violation of and/or conviction under this Chapter.
§ 9183.5 Severability.
If any provision of this Chapter, and the application thereof, to any person or circumstance is held invalid, the remainder of this Chapter, and the application of such provision to other persons or circumstances, shall not be affected thereby.
§ 9183.6 Conflicting Regulations.
Whenever any provision of this Chapter covers the same subject matter, overlaps, conflicts with or is contradictory to any other law or regulation, that provision, law or regulation which is more restrictive or imposes the higher standard shall control, except as otherwise expressly provided.
§ 9183.7 Private Agreements.
The provisions of this Chapter are not intended to abrogate, annul or impair any easement, covenant or other agreement between parties, except, where this Chapter imposes a greater restriction or higher standard than that required by private agreement, this Chapter shall control.
§ 9183.9 Nuisances.
Neither the provisions of this Chapter nor any approval pursuant thereto authorizes the establishment or maintenance of any use or circumstance which constitutes a public or private nuisance.
§ 9184.1 References to Other Laws and Regulations.
When a reference is made in this Chapter to any other provision of this Chapter or to any other law or regulation, such reference shall apply to any and all subsequent amendments and additions to the provision referred to and to any renumbered or retitled provisions which continue or supersede the provision referred to.
§ 9184.2 Fractional Quantities.
Unless otherwise specifically provided, when a regulation requires the determination of a whole number, any fractional quantity resulting from any computation made in accordance with the provisions of this Chapter shall be rounded up to the nearest whole number if such fraction is equal to or greater than one-half (1/2), and shall be rounded down to the nearest whole number if such fraction is less than one-half (1/2).
§ 9185.1 Misdemeanor.
Every person violating any provision of this Chapter or the terms or conditions of any permit or other approval granted pursuant to this Chapter is guilty of a misdemeanor. Conviction thereof shall be punishable by a fine not to exceed $500.00, or by imprisonment for not to exceed six (6) months, or by both fine and imprisonment.
Each separate day or any portion thereof during which any violation of this Chapter, or any permit or approval thereunder, occurs or continues constitutes a separate offense and upon conviction thereof shall be punishable as provided in this Section.
§ 9185.2 Public Nuisance.
Any condition caused or permitted to exist in violation of any of the provisions of this Chapter or in violation of any permit or approval thereunder shall be deemed a public nuisance. Each day that such a condition continues shall be deemed to be a new and separate offense.
§ 9185.3 Past Actions and Obligations Previously Incurred.
Neither the adoption of this Chapter nor the repeal hereby of any ordinance of this City shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty at said effective date due and unpaid under such ordinance, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance, and all rights and obligations thereunto appertaining shall continue in full force and effect.
§ 9186.1 Enforcement.
The enforcement of this Chapter and regulations, decisions and orders made pursuant to this Chapter shall be enforced by the City Administrator or his duly authorized representative.
§ 9186.2 Delegation of Commission Authority.
Whenever an administrative power or duty is granted to or imposed upon the Commission, the Commission may delegate such power or duty to the Director subject to such instructions as the Commission may prescribe.
§ 9186.3 Delegation of Staff Authority.
Whenever a power or duty is granted to or imposed upon the Director, Building Official or other official, such power or duty may be exercised by the duly authorized representative of such official subject to such instructions as such official may prescribe.
