Carson City Zoning Code

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 obsoleteness 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 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. 74-306, § 1)

No residential condominium shall be permitted in any zone unless such zone permits such usage and unless and until a conditional use permit is obtained therefor.

Existing residential condominiums, which do not comply with the provisions of CMC § 9304, § 9305, § 9306 and § 9307, shall be nonconforming uses and shall be allowed to continue operation subject to the provisions of subsection c of this Section.

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. An applicant seeking a conditional use permit in order to make structural or architectural alterations to an existing condominium shall not arbitrarily or unreasonably be denied a conditional use permit where compliance with the provisions of CMC § 9304, § 9305, § 9306 and § 9307 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 § 9301.

No conditional use permits shall be granted pursuant to this Chapter for a condominium development, unless the obligation for care, upkeep, and management of the common element is imposed on a nonprofit corporation.

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 of 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 Planning Commission or Planning Department determines is necessary to evaluate the proposed project.

The Planning Commission shall review all proposals for condominium usage in order to determine their degree of compliance with both the condominium development standards and development criteria delineated in CMC § 9305 and § 9306 below. A condominium proposal which does not comply with all of the precise development standards in this Chapter 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 purposes of this Chapter.

Recognizing that the conversion of existing multiple residential structures to condominium usage presents unique problems with respect to the requirements of this Section, the Planning Commission is empowered to vary any and all requirements contained herein with 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 this Chapter. Project characteristics of critical importance in determining whether or not 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:

The Planning Commission is also 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.

Private Open Space. Notwithstanding the minimum total amount of usable open space required for a project and the required minimum dwelling unit size, in projects which include five (5) units or more, 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 units shall have a minimum area 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 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 owner and his guests, and shall have a least two (2) weather-proofed electrical convenience outlets. 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 Planning Commission may evaluate each project on its own merit with 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.

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.

Off-street Parking.

Treatment of Utilities.

Isolation of Vibration and Sources of Structure-Borne Noise in Condominium Projects Where Units have Common Walls and/or Floor and Ceilings.

Attenuation of Noise.

The Project should be a comprehensive and integrated design, providing 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 (i.e., gas, water, electricity).

The Project should be designed to maintain as much of the natural topography, large trees, and environment as practicable.

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 through 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.

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 § 9306(a), 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 § 9306(b) shall be described and irrevocably assigned to 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 surface 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, unclosed 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 a townhouse development with a private entrance from the parking garage to the unit, it shall be conveyed as an integral part of the unit. To the maximum practicable 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 owners' 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 used solely for the purpose of parking motor vehicles as defined by the Vehicle Code of the State of California.

Maintenance of Impact Insulation Class. The Impact Insulation Class (IIC) rating of all separating floor/ceiling assemblies, as required by CMC § 9306(f), 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 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 coverings 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 purposes 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 of 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:

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 insuring the right of any owner to enforce the terms of the Declaration.

Assessments for Maintenance of Common Areas and Facilities.

Utility Easements Over Private Streets and Other Areas. If the condominium project contains private streets, provision shall be made for public utility easements over the entire private street network. The Planning Commission may also require public utility easements 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 Planning 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 CMC § 9308 shall require the prior written approval of the City. To that end, no such amendment of the Declaration shall be effective unless (i) the text thereof shall have been submitted to the City thirty (30) days prior to its adoption by the owners; (ii) either the City has approved the amendment or failed to disapprove it within said thirty (30) day period; and (iii) the recorded instrument effecting such amendment shall recite that it was so submitted and approved or not disapproved.