Buildings and Structures

Residential Condominiums*

* Per CMC 9191.162, CMC 9128.11 through 9128.17 apply to residential stock cooperatives. (Ord. 85-720, § 16)

Uses are permitted in the residential zones as indicated in the following table:

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. 79-479, § 6; Ord. 80-532, §§ 2, 3; Ord. 81-585, § 1; Ord. 82-602, § 1; Ord. 84-700, § 1; Ord. 85-720, § 1; Ord. 86-765U, § 1; Ord. 92-972, § 1; Ord. 95-1079, Exh. A; Ord. 01-1225, § 2; Ord. 03-1284, § 1; Ord. 09-1426, § 2; Ord. 13-1525, § 1; Ord. 16-1590, Exh. B (§ 2); Ord. 22-2210, § 4; Ord. 22-2211, § 3)

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. (Ord. 78-449; Ord. 81-560, § 1; Ord. 82-586, § 1)

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. 16-1590, Exh. B (§ 3))

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.

All uses are prohibited except as expressly permitted by the provisions of this Chapter.

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)

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)

(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)

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. 79-479, § 6; Ord. 88-836, § 1; Ord. 11-1479, § 4)

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)

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.

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)

Repealed by Ord. 22-2211. (Ord. 03-1290, § 1)

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. 08-1413U, § 2; Ord. 08-1414U, § 3; Ord. 08‑1413, § 2)

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:

(Ord. 84-700, § 2; Ord. 85-720, § 2, 3; Ord. 95-1079, Exh. A; Ord. 09-1426, § 3; Ord. 16-1590, Exh. B (§ 4))

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. 81-561, § 1; Ord. 22-2210, § 5)

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)

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. 79-460, § 1; Ord. 89-868, § 1; Ord. 22-2210, § 7)

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)

Repealed by Ord. 22-2211. (Ord. 78-434; Ord. 86-728, §§ 1, 2; Ord. 03-1290, § 2; Ord. 22-2204U, § 9)

Repealed by Ord. 22-2211. (Ord. 03-1290, § 3)

See special requirement for mobile home parks in CMC 9128.2.

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)

Yards and Open Spaces

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)

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.

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.

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. 84-705, § 2; Ord. 85-720, § 5; Ord. 90-917, § 1)

Each lot shall have a side yard width as follows:

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. 84-705, § 3; Ord. 85-720, § 6; Ord. 22-2211, § 9)

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. 84-705, § 4; Ord. 22-2211, § 10)

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)

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. 84-705, § 5; Ord. 85-720, § 7; Ord. 92-977, § 1; Ord. 22-2211, § 12)

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. 84-705, § 6; Ord. 85-720, § 8)

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.

Encroachments Permitted in Required Yards and Open Spaces*

*Blank boxes in chart indicate situations in which no encroachment is permitted.

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; Ord. 90-917, § 2; Ord. 01-1227, § 1; Ord. 11-1479, § 6; Ord. 22-2211, § 13)

Other Site Development Standards

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.

Trash areas shall be provided in accordance with Division 4 of Part 6 of this Chapter.

Trash and recycling areas shall be provided in accordance with Division 4 of Part 6 of this Chapter. (Ord. 93-1013, § 1)

Repealed by Ord. 86-749.

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)

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. (Ord. 78-434)

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. (Ord. 80-514)

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. 79-479, § 6; Ord. 01-1225, § 3; Ord. 15-1563, §§ 3, 4)

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)

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.

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:

The affordable or senior citizen units must be kept as affordable or senior citizen units per the following chart:

*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)

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.

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)

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.

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.

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.

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. (Ord. 80-536, § 1; Ord. 84-705, § 7)

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. (Ord. 84-705, § 7; Ord. 85-720, § 9; Ord. 92-977, § 2)

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. (Ord. 84-705, § 7)

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. (Ord. 84-705, § 7; Ord. 85-720, § 9)

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. (Ord. 78-452; Ord. 85-720, § 9)

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. (Ord. 80-536, § 1)

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. (Ord. 80-536, § 1)

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. (Ord. 80-536, § 1)

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)

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.

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.

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.

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.

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. 82-589U, § 1; Ord. 82-618, § 2; Ord. 89-882, §§ 1 – 12; Ord. 92-965, §§ 1 – 9; Ord. 92-966, § 6; Ord. 23-2304, § 3)

Subdivision Directional Signs

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)

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.

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.

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.

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.

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. 79-479, § 6; Ord. 88-836, § 2; Ord. 11-1479, § 5)

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)

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)

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)

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.

If such space is located within a common area within the project, the property’s owner 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 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. (Added by Ord. 85-720, § 10; Ord. 92-977, § 3)

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)

Reserved

Repealed by Ord. 16-1590. (Added by Ord. 1079, Exh. A.)

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)

Second Primary Units and Two (2) Unit Developments

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)

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)

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)

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)

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)

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)

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)

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)