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ARTICLE IX
PLANNING AND ZONING

Chapters

1    Zoning

2    Subdivision Regulations

CHAPTER 1
ZONING*

Parts

1    Introduction

2    Residential Zones

3    Commercial Zones

4    Industrial Zones

6    General Development Standards

8    Implementing Provisions

9    Definitions

*This Chapter is adopted by Ordinance No. 77-413, adopted October 3, 1977. All amendments to this Chapter are noted within the section changed.

PART 1. INTRODUCTION

Sections:

Division 3. Zoning Classifications

§ 9113.1   Names and Purposes of Zones.   «Unamended section»

Division 4. Zoning Boundaries

§ 9114.1   Zoning Map.   «Unamended section»

Division 3. Zoning Classifications

§ 9113.1    Names and Purposes of Zones.

The following zoning districts are hereby established, with their general purposes as indicated:

Residential Zones

RS – Residential, Single-Family. This zone is created for the establishment, expansion and preservation of residential areas which are to be developed with single-family detached dwellings and such other activities considered harmonious with such low density residential development.

RM – Residential, Multiple Dwelling. This zone is created for the establishment, expansion and preservation of residential areas which are to be developed with multiple dwellings or combinations of single-family and multiple dwellings, and such other activities considered harmonious with such medium and high density residential development.

RA – Residential Agricultural. This zone is created for single-family residential uses together with compatible crop cultivation and related agricultural activities on land which is not yet fully utilized for residential purposes.

Commercial Zones

CN – Commercial, Neighborhood Center. This zone is created primarily for convenience retail shopping facilities to serve surrounding neighborhoods. Characteristically, each center is anchored by a grocery store with small retail service shops and professional offices.

CR – Commercial, Regional Center. This zone is created primarily for a major center, with its peripheral areas, which serves a community or subregional area and offers a full range of retail merchandise and services.

CG – Commercial, General. This zone is created primarily to provide areas for all types of commercial activities not grouped in commercial centers.

CA – Commercial, Automotive. This zone is created primarily to maximize and group retail sales of new automobiles at dealerships and promote the development of an auto sales district with consistent and appealing landscaping, lighting, signage and compatible architectural elements.

MU-CS – Mixed-Use – Carson Street. This zone is created primarily to create a downtown retail and residential district which will provide a distinctive core area along Carson Street which includes the Civic Center. This designation provides for pedestrian-oriented, mixed-use (commercial/residential) development which may include market rate, affordable or senior housing and transit-oriented development.

MU-SB – Mixed-Use – Sepulveda Boulevard. This zone is created primarily to create a retail, office and residential district along the south side of Sepulveda Boulevard two hundred forty (240) feet east of Marbella Avenue and four hundred (400) feet west of Avalon Street. This designation provides for mixed-use (commercial/ residential) development which may include market rate, affordable or senior housing development, residential or commercial development. The lots are very shallow in this area which makes conventional development difficult. The purpose of this zone is to create the flexibility needed to develop a vibrant residential/commercial corridor.

Industrial Zones

ML – Manufacturing, Light. This zone is created primarily for small and medium size industrial uses which are not likely to have adverse effects upon each other or upon neighboring residential and commercial zones.

MH – Manufacturing, Heavy. This zone is created primarily for the full range of industrial uses which are acceptable within the community as a whole, with provisions for controlling any adverse effects upon the more sensitive areas of the City.

Open Space Zone and Special Uses

OS – Open Space. This zone is created for the enhancement, expansion and protection of large outdoor recreation areas, natural resource areas, ecological preserves and land subject to special hazards which make such land unsuitable for buildings.

SU – Special Use. This classification is created primarily in order to provide for special zone designations with appropriate regulations for certain large or unique land uses which have a major impact upon the surrounding community and which could not have been reasonably anticipated in the zoning pattern. (Ord. 03-1279, § 1; 06-1363, § 9; Ord. 07-1392, § 9)

Division 4. Zoning Boundaries

§ 9114.1    Zoning Map.

The map entitled “Zoning Map, City of Carson,” on file in the office of the City Clerk, City of Carson, is hereby made a part of this Chapter by this reference thereto. The boundaries and symbols (as identified in Division 3 of this Part) indicate the areas of the City to which the regulations of the various districts apply.

The boundaries and symbols shown on the Zoning Map shall be amended or revised only in accordance with Zone Changes adopted pursuant to CMC 9172.13 or Zoning Boundary Adjustments adopted pursuant to CMC 9172.24. (Amendments to zoning map: Ord. 78-421; Ord. 78-422; Ord. 78-425; Ord. 78-439; Ord. 78-456; Ord. 78-457; Ord. 79-465; Ord. 79-472; Ord. 79-476; Ord. 80-537; Ord. 80-538; Ord. 81-556; Ord. 82-604; Ord. 83-651; Ord. 86-734; Ord. 86-748; Ord. 86-753; Ord. 86-756; Ord. 86-757; Ord. 86-758; Ord. 86-759; Ord. 87-795; Ord. 87-811; Ord. 88-826; Ord. 88-827; Ord. 88-838; Ord. 88-839; Ord. 88-845; Ord. 88-846; Ord. 89-865; Ord. 89-866; Ord. 89-879; Ord. 90-914; Ord. 90-923; Ord. 90-927; Ord. 91-937; Ord. 91-950; Ord. 91-951; Ord. 91-953; Ord. 92-971; Ord. 94-1033; Ord. 94-1040; Ord. 97-1125; Ord. 99-1171; Ord. 00-1195; Ord. 00-1205; Ord. 02-1240; Ord. 02-1242; Ord. 02-1247; Ord. 02-1252; Ord. 03-1285; Ord. 04-1305, § 2; Ord. 05-1331, § 2; Ord. 05-1336, § 2; Ord. 05-1338, § 6; Ord. 06-1341, § 18; Ord. 06-1350, § 7; Ord. 06-1353, § 10; Ord. 06-1364, § 8; Ord. 06-1369, § 8; Ord. 07-1370, § 9; Ord. 07-1391, § 7; Ord. 07-1393, § 9; Ord. 07-1395, § 8; Ord. 08-1406, § 8; Ord. 08-1407, § 7)

PART 2. RESIDENTIAL ZONES

Sections:

Division 1. Uses Permitted

§ 9121.1   Uses Permitted.   «Unamended section»

Division 2. Accessory Uses

§ 9122.9   Sex Offender Residency Restrictions.   «Unamended section»

Division 3. Conditional Use Criteria

§ 9123   Conditional Use Criteria.   «Unamended section»

Division 6. Site Development Standards

§ 9126.21   Ground Coverage.   «Unamended section»

Division 1. Uses Permitted

§ 9121.1    Uses Permitted.

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

USES PERMITTED IN RESIDENTIAL ZONES

Legend

X.

Automatically permitted use.

L.

Automatically permitted use provided special limitations and requirements are satisfied as noted herein or in Division 8 of this Part.

D.

Use permitted subject to approval of the Director.

LD.

Use permitted provided special limitations and requirements are satisfied as noted herein or in Division 8 of this Part, and subject to approval of the Director.

C.

Use permitted upon approval of a conditional use permit.

CC.

Use permitted upon approval of the City Council as prescribed under other provisions of the Carson Municipal Code.

 

All residential projects that include affordable and/or senior citizen households, as defined in CMC 9126.91, shall be subject to the requirements contained in CMC 9172.23 (Site Plan and Design Review) except temporary uses set forth in this Section.

 

ZONES

 

RA

RS

RM

Permanent Residential Uses:

Single-family dwellings on lots 50 feet wide or greater.

X

X

X

Single-family dwellings on lots less than 50 feet wide are subject to CMC 9126.9 and 9172.23.

L

L

L

Mobile home (provided the mobile home is certified under the National Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.) and is located on a permanent foundation system pursuant to Section 18551 of the California Health and Safety Code. The Director shall ensure roofing material, roof overhang, and siding material will be architecturally compatible with surrounding residences.)

L

L

L

Multiple-family dwellings on lots 50 feet wide or greater. (See CMC 9123 and 9128.51 – 9128.55.)

 

 

C

Multiple-family dwellings on lots less than 50 feet wide are subject to CMC 9126.9, 9172.23, 9123 and 9128.51 – 9128.55.

 

 

C

Residential condominium. (See CMC 9123 and 9128.11 – 9128.17.) Residential stock cooperatives.

 

 

C

Mobile home park. (See CMC 9123 and 9128.2.)

C

C

C

Group quarters for members of a religious order (convent, rectory, monastery, etc.).

 

X

Boarding or rooming house, fraternity or sorority house, dormitory and similar group quarters. (See CMC 9123.)

 

 

C

 

Small family home community care facility.

X

X

X

Community residential care facility other than a small family home; community day care facility. (See CMC 9123.) (Added by Ord. 81-566, § 3; Ord. 89-889, § 1)

 

 

C

Permanent Nonresidential Uses:

Public, elementary or secondary school.

X

X

X

Private elementary or secondary school. (See CMC 9123.)

 

 

C

Church, temple or other place of religious worship:

 

 

 

Located on an arterial street.

 

 

X

Located on a collector street.

 

 

C

Cultivation of plants including nursery, orchard, vineyard, field crops, flowers, greenhouses, lathhouses, etc. (no mushroom farms, no retail sales.)

X

 

 

Archaeological dig, provided the Director determines there is a reasonable prospect that significant scientific, cultural or historical information will be obtained from the site.

D

D

D

Electric distribution substation, pumping station, water well, water reservoir. (See CMC 9123.)

C

C

C

Automobile parking lot. (See CMC 9123.)

 

 

C

Automobile parking structure for a large-scale multifamily development or serving a church, temple, or other place of religious worship where the lot is adjacent to an arterial street. (See CMC 9123.)

 

 

C

Access to other property lawfully used for purposes not permitted on subject property, provided the Director finds no available alternative access is preferable and the residential character of the area will not be adversely affected.

D

D

D

Oil wells (See CMC 9128.6.)

C

C

C

Temporary Uses:

Mobile home occupied by the owner of the premises during construction of a dwelling, for a period not exceeding 6 months. The Director may approve time extensions of up to 6 months each provided he finds construction is proceeding in good faith.

L

L

L

Mobile home occupied by the owner of the premises as a replacement for a dwelling damaged or destroyed by a major disaster so declared by the Governor of California. Such use is limited to a period of 1 year or until a permanent dwelling is occupied, whichever is less. The Director may approve a time extension of up to 1 year provided he finds reconstruction is proceeding in good faith.

L

L

L

Contractor’s office and/or storage of construction materials and equipment at a construction site, during the period of construction and not to exceed 60 days thereafter. In the event construction is suspended for a period of 6 months, such use and material shall be terminated and removed.

L

L

L

Real estate tract office, limited to the sale of property in the tract where such office is located, for a period not exceeding 2 years. The Director may approve a time extension of up to 1 year if sales are proceeding in good faith.

L

L

L

Subdivisional directional sign. (See CMC 9128.31 – 9128.35.)

LD

LD

LD

Carnival, mechanical rides, pony rides, and similar uses. (See CMC 63119 and 63119.1.)

CC

CC

CC

Tent revival.

CC

CC

CC

Fireworks stand. (See CMC 3101.0 through 3101.10.)

 

 

CC

Wireless Telecommunications Facilities:

Major wireless telecommunications facilities, subject to the requirement of CMC 9138.16.

C

C

C

Any person, firm or corporation violating any provision of this Section shall be guilty of an infraction and shall be punishable as provided in Chapter 2 of Article I of this Code. (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)

Division 2. Accessory Uses

§ 9122.9    Sex Offender Residency Restrictions.

Permanent and temporary residence for a sex offender is permitted as an accessory use to a mobilehome or dwelling subject to the provisions of Chapter 15 of Article IV and CMC 9182.31. (Ord. 08-1413U, § 2; Ord. 08-1414U, § 3; Ord. 08-1413, § 2)

Division 3. Conditional Use Criteria

§ 9123    Conditional Use Criteria.

In addition to the general criteria for the approval of a Conditional Use Permit pursuant to CMC 9172.21(d)(1), special criteria and limitations as indicated below shall be considered in acting upon a Conditional Use Permit in a residential zone:

Residential condominium; residential stock cooperative:

Ability to comply with the provisions of CMC 9128.11 – 9128.17.

 

Mobile home park:

Ability to comply with the provisions of CMC 9128.2.

Fraternity or sorority house, dormitory:

The location shall be conveniently accessible in relation to the college or other institution attended by residents.

Community care facility, long-term health care facility:

The facility shall become licensed pursuant to Division 2 of the California Health and Safety Code or, if exempt from licensure, shall meet standards equivalent to those prescribed by State law for similar facilities.

Private elementary or secondary school:

The site shall have frontage on an arterial street.

 

Electric distribution substation, pumping station, water well, water reservoir:

The facility shall be necessary for the safe or efficient functioning of a public utility system.

The location in a residential zone shall be necessary to serve the residential uses in the vicinity and no suitable alternate location shall be available in a nonresidential zone.

Automobile parking lot:

Pedestrian and vehicular access to such a lot shall be other than through an existing or potential residential area unless the use of the lot is restricted to serving adjacent residential uses or uses directly related to nearby residential uses.

The parking lot shall be within four hundred (400) feet walking distance from the principal use which it serves.

Automobile parking structure:

The parking structure shall be located on the same lot as the large-scale multifamily development or church, temple, or other place of religious worship.

Multiple-family dwelling:

Ability to comply with the provisions of CMC 9128.51 – 9128.55.

Oil well:

Ability to comply with the provisions of CMC 9128.6.

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

Division 6. Site Development Standards

§ 9126.21    Ground Coverage.

In the RM Zone, the ground area included within the exterior walls and/or supporting columns of all roofed structures shall not exceed forty (40) percent of the net lot area, except when a parking structure or subterranean parking is proposed, the ground area shall not exceed seventy (70) percent of the net lot area. (Ord. 09-1426, § 4)

PART 3. COMMERCIAL ZONES

Sections:

Division 1. Uses Permitted

§ 9131.1   Uses Permitted.   «Unamended section»

Division 3. Conditional Use Criteria

§ 9133   Conditional Use Criteria.   «Unamended section»

Division 5. Site Requirements

§ 9135.2   Minimum Lot Area.   «Unamended section»

§ 9135.3   Street Frontage and Access.   «Unamended section»

§ 9135.4   Minimum Lot Width.   «Unamended section»

Division 6. Site Development Standards

Buildings and Structures

§ 9136.12   Height of Buildings and Structures.   «Unamended section»

Yards and Open Spaces

§ 9136.23   Front Yard.   «Unamended section»

§ 9136.24   Side Yards.   «Unamended section»

§ 9136.25   Rear Yard.   «Unamended section»

Other Site Developments Standards

§ 9136.7   Signs.   «Unamended section»

Division 8. Special Requirements for Certain Uses

§ 9138.8   Sidewalk, Parking Lot and Tent Sales.   «Unamended section»

§ 9138.12   Automobile Service Stations.   «Unamended section»

§ 9138.15   Commercial, Automotive (CA) Development Standards.   «Unamended section»

§ 9138.17   Mixed-Use – Carson Street (MU-CS).   «Unamended section»

§ 9138.18   Mixed-Use – Sepulveda Boulevard (MU-SB).   «Unamended section»

§ 9138.72   Sex Offender Residency Restrictions.   «Unamended section»

§ 9138.91   Massage Service.   «Unamended section»

§ 9138.92   Tattoo Service.   «Unamended section»

Division 1. Uses Permitted

§ 9131.1    Uses Permitted.

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

USES PERMITTED IN COMMERCIAL ZONES

Legend

X.

Automatically permitted use.

L.

Automatically permitted use provided special limitations and requirements are satisfied as noted herein or in Division 8 of this Part.

D.

Use permitted subject to the approval of the Director.

LD.

Use permitted provided special limitations and requirements are satisfied as noted herein, in Division 8 of this Part and in Division 8 of Part 2, and subject to the approval of the Director.

C.

Use permitted upon approval of a conditional use permit.

CC.

Use permitted upon approval of the City Council as prescribed, under other provisions of the Carson Municipal Code.

 

All commercial uses permitted by this Part shall be subject to the requirements contained in CMC 9172.23, Site Plan and Design Review, except temporary uses (See CMC 9131.1). (Ord. 84-704)

 

ZONES

CN

CR

CG

CA

MU-CS

MU-SB

Retail Sales:*

 

 

 

 

 

 

* Alcoholic beverage sales, food services, and vehicle services are listed under separate headings.

 

 

Department stores, variety stores, and specialized stores for apparel, items for personal use, household items, plants and flowers, and supplies and small equipment for businesses, including antiques** but no other secondhand items. Swap meets and flea markets, as defined in CMC 9191.670, are prohibited.

X

X

X

 

X

X

** Incidental restoration permitted.

 

 

Indoor mini-mart, auction house. (Ord. 86-763U, § 1; Ord. 87-813, § 1)

C

 

C

 

 

 

Building materials other than ornamental brick, stone, tile, or flagstone. (Incidental storage of sand, gravel, or rock limited to 2,000 tons total.)

 

L

L

 

 

 

Ornamental brick, stone, tile or flagstone. (See CMC 9133.)

 

 

C

 

 

 

Monuments, tombstones, statuary.

 

 

X

 

 

 

Feed and grain.

 

 

X

 

 

 

Secondhand store, pawn shop.

 

 

X

 

 

 

Retail Services:*

 

 

 

 

 

 

* Alcoholic beverage services, food services, and vehicle services are listed under separate headings.

 

Personal Services:

 

 

 

 

 

 

Barber shop, beauty shop, reducing salon, manicure parlor.

X

X

X

 

X

X

Clothing services – laundry or dry cleaning agency, self-service laundry or dry cleaning, hand laundry, sponging and pressing, tailor, dressmaker, seamstress, shoe repair.

X

X

X

 

X

X

Animal services – dog clip and wash, veterinary office or clinic (no animal hospital or kennel).

X

X

X

 

C

C

Animal hospital or clinic

X

X

X

 

 

 

Mortuary. (See CMC 9133.)

 

 

C

 

 

 

Adult business. (See CMC 9133 and 9138.9.)

 

C

C

 

 

 

Massage service. (See CMC 63134, 63135, 9133 and 9138.91.)

C

C

C

 

 

 

Tattoo service. (See CMC 9133 and 9138.92.)

 

C

C

 

 

 

Mechanical and repair services:

 

 

 

 

 

 

Locksmith,* watch repair, small appliance repair, radio and television repair, computer repair, bicycle repair.

X

X

X

 

X

X

Fix-it shop.*

X

X

 

 

X

Furniture redecorating, restoration and upholstering; glass repair, installation or glazing; screen repair; plumbing shop; lawnmower sharpening.

 

X

 

 

X

*Incidental lawnmower sharpening permitted.

 

 

Parcel delivery service.

 

X

X

 

 

X

Graphic arts services:

 

 

 

 

 

 

Copying, addressographing, mimeographing, photostating, instant printing, blueprinting, silk screening, photography,** picture framing.***

X

X

X

 

X

X

Photo-finishing, film developing.

 

X

 

 

 

**Incidental photo-finishing and film developing permitted.

***Incidental frame construction permitted.

 

 

Studios:

 

 

 

 

 

 

Costume design, interior decoration, photography, writing, drama, dance, music, arts and crafts (including stained glass).

X

X

X

 

X

X

Stained glass assembly.

 

 

X

 

 

 

Radio, television, recording.

 

X

X

 

 

 

Motion pictures – indoor. (See CMC 9133.)

 

C

 

 

 

Offices:

 

 

 

 

 

 

Business, professional, financial, insurance, real estate, utility payments, telegraph, telephone answering service, messenger service, advertising, newspaper or publishing (no printing), ticket agency, travel agency, employment agency, collection agency, detective agency, security service, bail bondsman, check cashing. (See CMC 9138.17 and 9138.18.)

X

X

X

 

L

L

Payday loans. (See CMC 9182.28.)

C

C

C

 

 

 

Drive-through banks.

X

X

X

 

 

 

Wholesale business, manufacturer’s agent, broker (no storage or deliveries other than samples).

L

L

L

 

 

X

Food Sales and Service:*

 

 

 

 

 

 

*Alcoholic beverage sales and services are listed under separate headings.

 

 

Restaurant* (including refreshment stands, soda fountain). (See CMC 9133, 9138.17 and 9138.18.)

X

X

X

C

X

X

Drive-in or drive-through restaurants. (See CMC 9133, 9138.17 and 9138.18.)

X

X

X

C

 

 

Restaurant with outdoor dining space within the limits of the restaurant frontage, provided there is a 7-foot minimum clear path of travel on the sidewalk without obstruction.

 

 

 

 

X

 

Food store – grocery, fish, meat, fruits and vegetables, retail bakery, pastry, candy, health food, take-out food, tobacco shop.

X

X

X

 

X

X

Poultry shop (no live poultry or slaughtering).

L

L

L

 

 

 

Food catering (only direct retail sales or retail distribution).

X

X

 

X

X

Dog or cat food catering (retail only).

 

 

X

 

X

X

Alcoholic Beverage Sales and Services:

 

 

 

 

 

 

Alcoholic beverage sales in conjunction with a department store or supermarket.

X

X

X

 

X

X

Alcoholic beverage sales in conjunction with variety store, drug store, mini-market, drive-through market, food store or grocery store excluding a supermarket, take-out food, liquor store (subject to the requirements of CMC 9138.5).

C

C

C

C

C

C

Alcoholic beverage sales and service in conjunction with cocktail lounge, bar, arcade, pool hall, billiards, card room, bowling alley, indoor theater, and an eating establishment other than a bona fide restaurant (subject to the requirements of CMC 9138.5, 9138.17 and 9138.18).

C

C

C

 

L

L

Night club (subject to the requirements of CMC 9138.5 and 9138.17).

C

C

C

 

C

 

Alcoholic beverage sales and service in conjunction with a bona fide restaurant (see CMC 9138.18).

X

X

X

X

X

X

Vehicle Sales and Service:

 

 

 

 

 

 

Sales:

 

 

 

 

 

 

Automobile service station, subject to the requirements of CMC 9138.12. (See CMC 9133.)

L

L

L

C

 

 

Automobile laundry, subject to the requirements of CMC 9138.13.

C

C

C

 

 

 

Automobile parts (new).*

X

X

X

 

 

X

Motorcycles or motorscooters (new).* (See CMC 9138.15.)

 

X

X

L

 

 

Automobiles, recreation vehicles, and trucks not over 2-ton capacity (new).* (See CMC 9138.15.)

 

L

L

L

 

 

Automobiles, recreation vehicles, and trucks not over 2-ton capacity (used – as accessory use).* (See CMC 9138.15.)

 

 

L

L

 

 

Automobiles, recreation vehicles, and trucks not over 2-ton capacity (used – as primary use).* (See CMC 9138.15.)

 

 

 

C

 

 

Recreation vehicles, over 2-ton capacity (new)*. (See CMC 9133 and 9138.15.)

 

X

C

L

 

 

Recreation vehicles, over 2-ton capacity (used – as accessory use).* (See CMC 9133 and 9138.15.)

 

 

C

L

 

 

Travel trailers or trailers, not over 2-ton capacity (new).*

 

L

L

 

 

 

Travel trailers or trailers, not over 2-ton capacity (used).*

 

 

L

 

 

 

Trucks, trailers, over 2-ton capacity (new).* (See CMC 9133.)

 

X

C

 

 

 

Trucks, trailers, over 2-ton capacity (used).* (See CMC 9133.)

 

 

C

 

 

 

Recreation vehicles, rental and leasing. (See CMC 9138.15(C).)

 

 

 

L

 

 

Boats and accessory equipment.

 

C

L

 

 

 

Auctions for used automobiles, recreational vehicles, travel trailers, trucks or trailers, not over 2-ton capacity, motorcycles or motorscooters, subject to the requirements of CMC 9138.21.

 

L

L

 

 

 

*See CMC 9132.2 for incidental uses permitted. Also subject to the provisions of CMC 9138.2.

 

 

Rental and Leasing:

 

 

 

 

 

 

All vehicles up to 2-ton capacity.

 

 

L

 

 

 

All vehicles over 2-ton capacity. (See CMC 9133.)

 

 

C

 

 

 

Repair of all vehicles up to 2-ton capacity (no boats):

 

 

 

 

 

 

Minor repair as defined in CMC 9138.11 and subject to the provisions of CMC 9138.2.

 

L

L

 

 

C

Major repair as defined in CMC 9138.11 and subject to the provisions of CMC 9138.15 (for CA Zone only).* (See CMC 9133.)

 

L

C

 

C

Transportation-Related Uses:

 

 

 

 

 

 

Automobile parking lot or parking building (no long-term vehicle storage, no storage of inoperable vehicles).

X

X

X

 

X

X

Shared parking facilities. (See CMC 9133.)

C

C

C

C

C

C

Passenger station – bus or rail; taxi stand.

X

X

X

X

 

 

Heliports, helistops.

 

C

C

 

 

 

Access to other property lawfully used for purposes not permitted on subject property:

 

 

 

 

 

 

Access to residential use.

X

X

X

D

X

X

Access to nonresidential use, provided the Director finds no available alternative access is preferable and the character of the area will not be adversely affected.

 

 

D

D

 

 

Communications and Utilities:

 

 

 

 

 

 

Post office.

X

X

X

 

 

 

Oil wells. (See CMC 9128.6.)

 

 

C

 

 

 

Telephone exchange.

 

X

 

 

 

Amateur radio station.

X

X

X

 

 

 

Gas distribution meter or control station (landscaping or screening required to the satisfaction of the Director).

L

L

L

L

 

 

Gas measurement station (not less than 300 feet from any residential zone, public school, public park, hospital or long-term health care facility). (See CMC 9133.)

C

C

L

 

 

 

Electric distribution substation. (In the CG Zone, landscaped yard areas to the satisfaction of the Director to be provided adjacent to street rights-of-way. Facilities to be enclosed by solid fence or wall in accordance with applicable regulations of the State of California and other local regulations.) (See CMC 9133.)

C

C

L

 

 

 

Pumping station, water well. (In the CG Zone, landscaping of site and screening of facilities required to the satisfaction of the Director.) (See CMC 9133.)

C

C

L

 

C

 

Water reservoir. (See CMC 9133.)

C

C

C

 

 

 

Education:

 

 

 

 

 

 

Elementary or secondary school – public or private; professional school; business school; barber or beauty school; school of arts, crafts, dance, photography, writing, drama or music.

X

X

X

 

X

X

Physical training school – gymnastics, martial arts.

X

X

X

 

X

X

Swimming school – indoor or outdoor.

 

X

X

 

 

 

Recreation:*

 

 

 

 

 

 

*Alcoholic beverage sales and services are listed under separate headings.

 

 

Pool hall, billiards, card room, bowling alley, gymnasium. (See CMC 9138.17 and 9138.18.)

X

X

X

 

 

C

Pool hall, billiards, card room, gymnasium, health club.

X

X

X

 

C

 

Bowling alley as an accessory use.

X

X

X

 

C

C

Arcade (subject to the requirements of CMC 9138.4).

C

C

C

 

 

 

Public park or playground.

X

X

X

 

 

 

Driving skill course.

 

C

C

 

 

 

Indoor rink – roller skating, skateboards, ice skating.

X

X

X

 

 

 

Outdoor rink – roller skating, skateboarding, ice skating.

X

 

 

 

 

Lawn bowling, croquet courts.

 

X

X

 

 

 

Small private recreational facilities. (Site limited to one acre or less in the CR Zone.) May include buildings, park, playground and picnic area.

 

L

X

 

 

 

Large private recreational facilities – indoor or outdoor facilities (but not more than 1,000 spectator seats total):

 

 

 

 

 

 

Badminton, handball, racquetball, squash courts.

X

X

 

 

 

Swimming pool.

 

X

X

 

 

 

Tennis court, volleyball court, polo field, athletic field, miniature golf.

 

 

X

 

 

 

Golf driving range, pitch-and-putt course, golf course, subject to the limitations of CMC 9138.3.

 

 

L

 

 

 

Public Assembly:*

 

 

 

 

 

 

*Alcoholic beverage sales and services are listed under separate headings.

 

 

Church, temple, or other place of religious worship. (In the CR Zone, see CMC 9138.22 and 9182.25; in the MU-CS Zone, see CMC 9138.17(C)(1).)

X

L

X

 

L

 

Auditorium, meeting hall, wedding chapel.

 

X

X

 

 

 

Community center, lodge hall, private club.

X

X

X

 

 

 

Indoor theater (motion picture or live stage), night club.

X

X

X

 

 

 

Outdoor theater (live stage, not a drive-in).

 

X

 

 

 

 

Public and Quasi-Public Uses:

 

 

 

 

 

 

Fire station, police station, library, museum.

X

X

X

X

 

 

Archaeological dig, provided the Director determines there is a reasonable prospect that significant scientific, cultural or historical information will be obtained from the site.

D

D

D

 

 

 

Health Services:

 

 

 

 

 

 

Hospital – general acute care, acute psychiatric; long-term health care facility. (See CMC 9133.)

 

 

C

 

 

 

Medical or dental laboratory. (In the CN or CR Zones only permitted as an incidental use in a medical/dental office building or clinic.)

L

L

X

 

 

 

Medical or dental office or clinic, public health center.

X

X

X

 

X

X

Optical services (for the fitting, grinding or mounting of eyeglasses).

X

X

X

 

X

X

Pharmacy. (See CMC 9138.17 and 9138.18.)

X

X

X

 

X

X

Drive-through pharmacy. (See CMC 9138.17 and 9138.18.)

X

X

X

 

 

 

Health club.

 

 

 

 

C

 

Ambulance service.

 

 

C

 

 

 

Day Care:

 

 

 

 

 

 

Community day care facility.

X

X

X

 

C

C

Residential Uses:

 

 

 

 

 

 

Multiple-family residential and residential condominiums within the Mixed-Use Residential (MUR) Overlay District, the Mixed-Use Carson Street District, and the Mixed-Use Sepulveda Boulevard District on lots with a minimum 100-foot street frontage.

C

C

C

 

C

C

Mixed-use (commercial/residential) development within the Mixed-Use Residential (MUR) Overlay District, the Mixed-Use Carson Street District, and the Mixed-Use Sepulveda Boulevard District on lots with a minimum 100-foot street frontage.

C

C

C

 

C

C

Live/work residential units. (See CMC 9138.17 and 9138.18.)

 

 

 

 

C

C

Mobile home park. (See CMC 9128.2.)

C

C

C

 

C

 

Group quarters for members of a religious order (convent, rectory, monastery, etc.).

 

 

X

 

 

 

Boarding or rooming houses, fraternity or sorority house, dormitory, residential hotel or similar group quarters, motel units with kitchens. (See CMC 9133 and 9138.17.)

 

 

C

 

 

 

Community care residential facility.

 

 

C

 

C

C

Residential community care facility, boarding or rooming house, fraternity or sorority house, dormitory, residential hotel or similar group quarters, motel units with kitchens. (See CMC 9133.)

 

 

C

 

 

 

Transient Hotel:

 

 

 

 

 

 

Transient hotel, motel.

C

C

C

 

 

 

Agricultural Uses:

 

 

 

 

 

 

Cultivation and/or sale of plants including nursery,* orchard, vineyard, field crops, flowers, greenhouses, lathhouses and similar activities (no mushroom farm).

 

X

 

 

 

* Incidental lawnmower sharpening permitted. Also repair and rental of garden tools.

 

 

Boats and accessory equipment.

 

C

L

 

 

 

Electronic message center signs. (See CMC 9136.7, also CMC 9138.15(E)(3)(c) for CA only.)

C

C

C

C

 

 

Temporary Uses:

 

 

 

 

 

 

Election campaign office in a trailer. (Not permitted earlier than 90 days before the election. To be removed within 14 days after the election.)

 

L

 

 

 

Office or other permitted commercial use in a trailer or other mobile unit. (Permitted for a period not exceeding 6 months during construction of a building on the same lot while a building permit is in effect. The Director may approve reasonable time extensions if he finds construction is proceeding in good faith.)

L

L

L

L

L

L

Storage of construction materials and equipment at a construction site without the screening which would be required for permanent outdoor storage (only during the period a building permit is in effect).

L

L

L

 

L

L

Subdivision directional sign. (See CMC 9128.31 – 9128.35.)

LD

LD

LD

 

LD

LD

Sidewalk, parking lot, and tent sales. (See CMC 9138.8.)

D

D

D

 

D

D

Fireworks stand. (See CMC 3101.0 – 3101.10.)

CC

CC

CC

 

CC

D

Carnival, mechanical rides, pony rides, outdoor festival and similar uses. (See CMC 63119 and 63119.1.)

CC

CC

CC

 

 

 

Circus, rodeo. (See CMC 63120; and Animal Control Ordinance, CMC 3300 – 3301.)

CC

 

 

 

 

Christmas tree sales, pumpkin sales.

X

X

X

 

D

D

Yard sales. (See CMC 4600 – 4606.)

L

L

L

 

L

L

Tent revival.

CC

CC

CC

 

 

 

Sales:

 

 

 

 

 

 

Auctions for used automobiles, recreational vehicles, travel-trailers, trucks or trailers, not over 2-ton capacity, motorcycles or motorscooters, subject to the requirements of CMC 9138.21.

 

L

L

 

 

 

Outdoor Advertising:

 

 

 

 

 

 

Outdoor advertising sign in the electronic marquee signage (EMS) overlay district, subject to the requirements of CMC 9138.71.

 

 

L

 

 

 

Wireless Telecommunications Facilities:

 

 

 

 

 

 

Minor wireless telecommunications facilities, subject to the requirement of CMC 9138.16.

L

L

L

L

L

L

Major wireless telecommunications facilities, subject to the requirement of CMC 9138.16.

C

C

C

C

C

C

Any person, firm or corporation violating any provision of this Section shall be guilty of an infraction and shall be punishable as provided in Chapter 2 of Article I of this Code. (Ord. 79-479, § 7; Ord. 78-438; Ord. 78-431; Ord. 78-446; Ord. 80-517, § 1; Ord. 80-532, § 4; Ord. 81-585, § 2; Ord. 82-602, § 2; Ord. 82-621, § 1; Ord. 83-637U, § 1; Ord. 83-643, § 1; Ord. 84-685, § 1; Ord. 88-857, § 1; Ord. 90-915, § 1; Ord. 92-985, § 1; Ord. 93-1001, § 1; Ord. 94-1035U, §§ 2, 3; Ord. 94-1037, §§ 2 – 4; Ord. 94-1039, § 2; Ord. 96-1085, § 1; Ord. 97-1115, § 1; Ord. 02-1245, § 2; Ord. 02-1251, § 1; Ord. 03-1279, § 2; Ord. 03-1284, § 2; Ord. 04-1322, § 1; Ord. 06-1349, § 1; Ord. 06-1363, § 9; Ord. 07-1392, § 9; Ord. 08-1404, § 1; Ord. 09-1419, § 3; Ord. 09-1420, § 1)

Division 3. Conditional Use Criteria

§ 9133    Conditional Use Criteria.

In addition to the general criteria for the approval of a conditional use permit pursuant to CMC 9172.21(D)(1), special criteria and limitations as indicated below shall be considered in acting upon a conditional use permit in a commercial zone:

Retail sale of ornamental brick, stone, tile, flagstone:

The size of the site, the amount of materials on hand, and the appearance thereof shall not create the character of an industrial or outdoor storage use.

Adult business:

The business shall satisfy the requirements of CMC 9138.9.

Massage service:

The business shall satisfy the requirements of CMC 9138.91 and 63134 et seq.

Tattoo service:

The business shall satisfy the requirements of CMC 9138.92.

Mortuary:

The use shall be compatible with surrounding uses.

Motion picture studio:

The activity shall be entirely within buildings.

The height and bulk of buildings shall not be excessive in relation to the site and surrounding development.

Restaurants, including drive-thru, cafes, dinner houses, or establishments offering food for in-house or take out consumption in the CA Zone:

Compliance with CMC 9138.15.

Automobile laundry:

Ability to comply with the provisions of CMC 9138.13.

Sale, rental or lease of trucks or trailers over two (2) ton capacity (new or used):

The number and size of vehicles on hand and the appearance thereof shall not create the character of a truck yard or industrial use.

Major repair as defined in CMC 9138.11 for CA Zone only:

Compliance with CMC 9138.15.

Automobile service stations in the CA Zone:

Compliance with CMC 9138.12 and 9138.15.

Transmitter, receiver or repeater station – radio, television, microwave:

No excessive electronic interference shall be generated.

No unusual or unnecessary hazards to aircraft shall be created.

The height and appearance of structures shall not be detrimental to the character of the surrounding area.

Electric distribution substation, gas measurement station, pumping station, water well, water reservoir:

The facility shall be necessary for the safe or efficient functioning of a public utility or pipeline system.

The location in a commercial zone shall be necessary to serve commercial or residential uses in the vicinity, or no suitable alternative location shall be available.

Driving skill course:

In addition to the provisions of CMC 9162.21(C), parking shall be provided at a ratio of fifteen (15) spaces per four hundred (400) yards of track, plus one (1) space per employee on the largest shift.

In addition to the provisions of CMC 9162.52, lawns or landscaping shall be installed on all unpaved areas of the site.

In addition to the provisions of CMC 9136.2, the track shall maintain a twenty-five (25) foot setback from any property line adjacent to another property or public street.

Adequate steps shall be taken to prevent excessive noise from emanating from the site.

Hospital, long-term health care facility, community residential care facility:

The facility shall become licensed pursuant to Division 2 of the California Health and Safety Code or, if exempt from licensure, shall meet standards equivalent to those prescribed by State law.

The surrounding area does not provide an environment detrimental to health care or residential care.

Mobile home park:

Ability to comply with the provisions of CMC 9128.2.

Alcoholic beverage sales and services:

Ability to comply with the provisions of CMC 9138.5.

Shared parking facilities:

Ability to comply with the provisions of CMC 9162.24.

Arcades:

Compliance with the provisions of CMC 9138.4.

Boarding or rooming house, residential hotel, motel with kitchens:

The surrounding area does not provide an environment detrimental to long-term residence.

Fraternity or sorority house, dormitory:

The surrounding area does not provide an environment detrimental to residence.

The location shall be conveniently accessible in relation to the college or institution attended by residents.

Multiple-family residential, residential condominiums, mixed-use developments:

Compliance with the provisions of CMC 9138.7, 9138.17 and 9138.18.

Oil well:

Ability to comply with the provisions of CMC 9138.10.

Vehicle repair and service:

Compliance with the provisions of CMC 9138.2.

Sales of used automobiles, recreation vehicles, and trucks not over two (2) ton capacity (as primary use) in the CA Zone only:

The business shall occupy property a minimum of two (2) acres in area.

Ability to comply with CMC 9138.15. (Ord. 78-431; Ord. 82-621, § 3; Ord. 83-637U, § 3; Ord. 83-654, § 1; Ord. 85-685, § 3; Ord. 93-1001, § 2; Ord. 94-1035U, § 4; Ord. 94-1037, § 5; Ord. 94-1039, § 4; Ord. 95-1079, Exh. A.; Ord. 03-1279, § 5; Ord. 04-1322, § 4; Ord. 06-1349, § 2; Ord. 06-1363, § 9; Ord. 07-1392, § 9; Ord. 08-1404, § 2)

Division 5. Site Requirements

§ 9135.2    Minimum Lot Area.*

No lot shall be created which has a net area less than that shown in the following table:

Zone

Minimum Net Lot Area

CN, CR

20,000 square feet*

CG

5,000 square feet*

CA

43,560 square feet (one acre)**

MU-CS

See CMC 9138.17

MU-SB

See CMC 9138.18

Any existing lawfully established lot (including a leased area of land during the term of the lease) is deemed to have the required lot area.

A lot may be reduced to less than the required lot area if such a reduction is the result of an acquisition for public purposes. (Ord. 94-1039, § 5; Ord. 03-1279, § 6; Ord. 06-1363, § 9; Ord. 07-1392, § 9)

* See special requirement for retail petroleum outlets in CMC 9138.12, 9138.13 and 9138.14, mobile home parks in CMC 9128.2, and mixed-use developments, multiple-family residential and residential condominiums in CMC 9138.7.

** Lot minimum in CA Zone applies to vehicle dealerships only, other commercial uses subject to CG standards.

§ 9135.3    Street Frontage and Access.*

No lot shall be created unless it is capable of being provided with vehicular access directly from a public street or alley and has a street frontage of at least thirty (30) feet.* See CMC 9138.17 and 9138.18 for special requirements in the Mixed-Use – Carson Street (MU-CS) Zone and the Mixed-Use – Sepulveda Boulevard (MU-SB) Zone.

A new or additional use shall not be developed on an existing lawfully established lot (including a leased area of land during the term of the lease) unless there is vehicular access from a public street or alley, and such access has a width of at least twenty (20) feet. The required vehicular access shall be either directly from a public street or alley or by means of a right-of-way easement.* (Ord. 79-460; Ord. 94-1039, § 6; Ord. 06-1363, § 9; Ord. 07-1392, § 9)

* See special requirement for retail petroleum outlets in CMC 9138.12, 9138.13 and 9138.14, mobile home parks in CMC 9128.2, and mixed-use developments, multiple-family residential and residential condominiums in CMC 9138.7.

§ 9135.4    Minimum Lot Width.

No lot shall be created which has a width less than that shown in the following table:

Zone

Minimum Lot Width

CN, CR, CA

150 feet**

CG

50 feet*

MU-CS

See CMC 9138.17

MU-SB

See CMC 9138.18

Any existing lawfully established lot (including a leased area of land during the term of the lease) is deemed to have the required width.

A lot may be reduced to less than the required width if such reduction is the result of an acquisition for public purposes. (Ord. 03-1279, § 7; Ord. 06-1363, § 9; Ord. 07-1392, § 9)

* See special requirement for retail petroleum outlets in CMC 9138.12, 9138.13 and 9138.14.

** Applies only to vehicle dealerships. Other commercial uses subject to CG standard.

Division 6. Site Development Standards

Buildings and Structures

§ 9136.12    Height of Buildings and Structures.

In the CN and CG Zones (except in a Mixed-Use Residential (MUR) Overlay District), no building or structure shall have more than two (2) stories, including a basement but excluding a cellar, nor shall it exceed a height of thirty (30) feet.

In the MU-CS Zone, see CMC 9138.17; for the MU-SB Zone, see CMC 9138.18.

In the CA Zone, no building or structure shall exceed forty (40) feet in height.

In the CR Zone (except in a Mixed-Use Residential (MUR) Overlay District), there is no height limit provided additional yard spaces are provided as required in CMC 9136.21 through 9136.29.

In a Mixed-Use Residential (MUR) Overlay District, no building or structure shall have more than three (3) stories, including a basement but excluding a cellar, nor shall it exceed a height of forty-five (45) feet, except for residential projects for affordable or senior households permitted in accordance with CMC 9126.91. In cases to which CMC 9126.91 is applicable, no building or structure shall have more than four (4) stories, including a basement but excluding a cellar, nor shall the height exceed fifty-five (55) feet.

A transmitter, receiver or repeater station (radio, television, microwave) tower may exceed the height limits established by this Section if such height is approved in connection with a conditional use permit.

For the purposes of this Section, a subterranean or partial subterranean garage shall not be considered to be a story. (Ord. 94-1039, § 7; Ord. 03-1279, § 8; Ord. 06-1363, § 9; Ord. 07-1392, § 9)

Yards and Open Spaces*

* See CMC 9138.12 through 9138.14 for different yard regulations applicable to retail petroleum outlets.

§ 9136.23    Front Yard.

Each lot shall have a front yard with a required depth of twenty (20) feet or twenty (20) percent of the lot depth, whichever is less. For any building or structure over thirty (30) feet in height in the CR Zone the required front yard setback shall be increased by one (1) foot for each two (2) feet of height above thirty (30) feet.

Each lot used for vehicle dealerships in the CA Zone shall have a front yard setback as described in CMC 9138.15(D). Other commercial uses as defined in CMC 9138.15 shall comply with abovementioned standards from the CR Zone.

Each lot in the MU-CS Zone shall have a front yard setback as described in CMC 9138.17, and each lot in the MU-SB Zone shall have a side yard as described in CMC 9138.18.

Notwithstanding the above requirements, each lot in a Mixed-Use Residential (MUR) Overlay District shall have a front yard setback as follows:

 

Minimum Setback

Subterranean garage

1'

On grade parking or partial subterranean garage

10'

First floor – Commercial

10'

First floor – Residential

20'

Second floor – Commercial

10'

Residential

20'

Third floor

20'

Fourth floor

30'

A required front yard shall not be occupied except as provided in CMC 9136.29. (Ord. 94-1039, § 8; Ord. 03-1279, § 9; Ord. 06-1363, § 9; Ord. 07-1392, § 9)

§ 9136.24    Side Yards.

Where the side of a lot abuts a street, there shall be a side yard with a width of at least ten (10) feet. For any building or structure over thirty (30) feet in height in the CR Zone, the required side yard setback shall be increased by one (1) foot for each foot of height above thirty (30) feet.

Where the side yard of a lot abuts a lot in a residential zone there shall be a side yard with a width of at least ten (10) percent of the subject lot width except that such side yard shall be at least five (5) feet and not greater than ten (10) feet in width. For any building or structure over thirty (30) feet in height in the CR Zone, the required side yard setback shall be increased by one (1) foot for each foot of height above thirty (30) feet.

Where the side of a lot abuts a lot in other than a residential zone and the height of the building or structure is not over thirty (30) feet, no side yard is required. If any side yard greater than approximately one (1) inch is required or provided, it shall be at least three (3) feet. For any building or structure over thirty (30) feet in height in the CR Zone, the required side yard setback shall be three (3) feet plus one (1) foot for each two (2) feet of height above thirty (30) feet.

Each lot used for vehicle dealerships in the CA Zone shall have a side yard setback as described in CMC 9138.15(D). Other commercial uses as defined in CMC 9138.15 shall comply with abovementioned standards from the CR Zone.

Each lot in the MU-CS Zone shall have a side yard setback as described in CMC 9138.17, and each lot in the MU-SB Zone shall have a side yard as described in CMC 9138.18.

Notwithstanding the above requirements, each lot in a Mixed-Use Residential (MUR) Overlay District shall have side yard setbacks as follows:

 

Minimum Setback

 

Interior Side

Street Side

Subterranean garage

1''

1''

On grade parking or partial subterranean garage

1'' or 3'

10'

First or Second floor –
Commercial

1'' or 3'

10'

First floor – Residential

10'

10'

Second floor – Residential

10'

20'

Third floor

10'

20'

Fourth floor

10'

30'

Required side yards shall not be occupied except as provided in CMC 9136.29. (Ord. 94-1039, § 9; Ord. 03-1279, § 10; Ord. 06-1363, § 9; Ord. 07-1392, § 9)

§ 9136.25    Rear Yard.

Where the rear of a lot abuts a lot in a residential zone, there shall be a rear yard with a depth of at least ten (10) percent of the lot depth, except that such rear yard shall be at least five (5) feet and need not be greater than ten (10) feet. For any building or structure over thirty (30) feet in height in the CR and CA Zones, the required rear yard setback shall be increased by one (1) foot of height for each foot of height above thirty (30) feet.

Where the rear of a lot abuts a lot in other than a residential zone and the height of the building or structure is not over thirty (30) feet, no rear yard is required. If any rear yard greater than approximately one (1) inch is required or provided, it shall be at least three (3) feet. For any building or structure over thirty (30) feet in height in the CR and CA Zones, the required rear yard shall be three (3) feet plus one (1) foot for each two (2) feet of height above thirty (30) feet.

Each lot in the MU-CS Zone shall have a rear yard setback as described in CMC 9138.17, and each lot in the MU-SB Zone shall have a rear yard setback as described in CMC 9138.18.

Notwithstanding the above requirements, each lot in a Mixed-Use Residential (MUR) Overlay District shall have a rear yard setback as follows:

 

Minimum Setback

Subterranean garage

1'

On grade parking or partial subterranean garage

1'' or 3'

First or Second floor – Commercial

10'

First floor – Residential

15'

Second floor – Residential

15'

Third floor

30'

Fourth floor

30'

A required rear yard shall not be occupied except as provided in CMC 9136.29. (Ord. 94-1039, § 10; Ord. 03-1279, § 11; Ord. 06-1363, § 9; Ord. 07-1392, § 9)

Other Site Developments Standards

§ 9136.7    Signs.

A. Outdoor advertising signs are not permitted in commercial zones except as authorized pursuant to CMC 9138.71.

B. Business signs are permitted, subject to the following:

1. All business signs and sign structures shall be permitted in conformance with development plans which have been approved pursuant to the Site Plan and Design Review procedures (including the number of signs and sign structures to be permitted) as provided in CMC 9172.23. All signs and sign structures shall also comply with the minimum requirements, as outlined in this Section of the Zoning Ordinance. (Ord. 89-873, § 2)

2. 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. (Ord. 79-473)

3. A pole sign in excess of thirty (30) feet shall not be permitted. The distance between ground elevation and the bottom of such sign shall be not less than ten (10) feet.

4. A ground sign in excess of ten (10) feet in height shall not be permitted. The distance between ground elevation and the bottom of a ground sign shall not exceed one (1) foot. Not more than one (1) ground sign shall be permitted on a lot. No ground sign shall be erected until written approval is obtained from the City Traffic Engineer. Such signs shall be in conformance with development plans which have been approved pursuant to the Site Plan and Design Review procedure as provided in CMC 9172.23. (Ord. 80-531, § 1)

5. A sign may be affixed to a building but shall not project above the height of the building wall or roof fascia.

6. A sign shall not project into an existing or future right-of-way.

7. No “A” frame or “sandwich” sign, or scintillating, flashing or revolving sign shall be permitted.

8. Electronic message center signs are permitted, subject to the following:

(a) Such sign shall be at least one hundred (100) feet from a residential zone.

(b) Such sign shall be at least five hundred (500) feet from any other electronic message center sign.

(c) Such sign shall be affixed to a pole and subject to the pole sign limitations of this Chapter.

(d) A conditional use permit (CUP) shall be required for all electronic message center signs in accordance with the provisions set forth in CMC 9172.21. Approval shall not be granted if the Commission finds that the proposed sign would interfere with the traffic signals, disrupt normal traffic flows or otherwise create a safety hazard. (Ord. 80-513, § 1; Ord. 90-915, § 2)

9. All business signs for vehicle dealerships shall be permitted in conformance with development standards as provided in CMC 9138.15(E).

10. All business signs within the MU-CS Zone shall be permitted in conformance with development standards as provided in CMC 9138.17.

11. All business signs within the MU-SB Zone shall be permitted in conformance with development standards as provided in CMC 9138.18.

C. Streamers, banners, pennants, and similar displays are permitted subject to the following:

1. Streamers, banners, pennants, and similar displays may be exhibited in connection with grand openings and other special events upon written approval of the Planning Manager. Requests for such displays shall be submitted to the Planning Manager, in writing, thirty (30) days prior to the event. All approvals shall be limited to a total of sixty (60) days of display per calendar year per business. Temporary business signs for department stores or regional shopping centers with a gross floor area of at least one hundred thousand (100,000) square feet located in the CR Zoning District and in a Mixed-Use Residential (MUR) Overlay District may be allowed to deviate from the provisions of this Section as it pertains to display size, location, orientation, material, length of time, and content pursuant to an approved sign program. Signs must show content related to businesses, events, products or services provided at the department store or regional shopping center.

2. Any streamer, banner, pennant, or similar display shall be suspended so as to maintain at least seven (7) foot clearance.

3. In any event, no streamer, banner, pennant, or similar displays shall be exhibited if, in the opinion of the Director, such displays are not adequately maintained.

4. Christmas decorations displayed between thirty (30) days prior to and fifteen (15) days after December 25th, and those displayed during official public events, are not subject to this subsection.

5. Streamers, banners, pennants and similar displays may be attached directly upon the structure of a lawfully erected fireworks stand (see CMC 3101.0 through 3101.10) without necessity of a banner permit.

6. All temporary signs and similar displays for vehicle dealerships shall be permitted in conformance with development standards as provided in CMC 9138.15(E).

D. Real estate advertising signs are permitted, subject to the following:

1. One (1) unlighted sign structure is permitted per lot; except on parcels larger than five (5) acres, one (1) such sign structure is permitted for each street frontage of the parcel.

2. A sign structure may have any number of sign faces, but the total sign area shall not exceed fifty (50) square feet per sign structure.

3. All portions of a sign structure shall be not less than ten (10) feet from the inside line of the sidewalk, or if there is no sidewalk, from the lot line, except, if the building setback is less than ten (10) feet, the sign structure shall be not less than one-half the setback from the inside line of the sidewalk or lot line.

4. A free-standing real estate advertising sign shall not exceed thirty (30) feet in height.

5. A sign may be affixed to a building but shall not project above the height of the building wall or roof fascia.

6. Advertising copy shall pertain only to the premises upon which the sign is located.

7. Any such signs shall be removed within two (2) weeks after the execution of a sales agreement, escrow instructions or lease agreement.

Any person, firm or corporation violating any provision of this Section shall be guilty of an infraction and shall be punishable as provided in Chapter 2 of Article I of this Code. (Ord. 79-479, § 7; Ord. 88-856, § 1; Ord. 01-1225, § 4; Ord. 02-1245, § 4; Ord. 03-1279, §§ 15, 16; Ord. 07-1392, § 9; Ord. 09-1421, § 2)

Division 8. Special Requirements For Certain Uses

§ 9138.12    Automobile Service Stations.

A. Uses Permitted.

1. Retail sale of petroleum products, except the sale of diesel fuel and LPG shall be subject to the approval of the Commission.

2. The supply of air and water.

3. Hand washing, waxing, and polishing of motor vehicles in an area not more than five hundred (500) square feet.

4. Sale of accessory products clearly related to the operation of motor vehicles (e.g., tires, spark plugs, polish, fan belts, etc.).

5. Minor repair and service of automobiles and other motor vehicles, except in CA Zone (these uses not permitted within an automobile service station). (See CMC 9133 for CR Zone, MUR Overlay District and properties in all zones within one hundred (100) feet of residential zones.)

6. The sale of convenience goods provided the sales are conducted within an enclosed building. Sales of convenience goods at automobile service stations within 300 feet of any school, as measured from lot line to lot line, shall be subject to a conditional use permit, pursuant to CMC 9172.21, except that service stations within three hundred (300) feet of any schools that were selling convenience goods prior to August 15, 1984, shall be permitted to continue selling convenience goods, subject to the provisions of Part 8 of this Chapter. (Ord. 84-679, § 1)

B. Repair and Service Activities.

1. Repair and service activities shall not include major repairs and services (as defined in CMC 9138.11(5)) or tire recapping or retreading. (Ord. 79-467)

2. All repair and service activities, including storage of equipment and materials, shall be within an enclosed building and conducted in such a manner as not to be a nuisance to the occupants of adjacent properties. Replacement service activities such as wiper blades, fuses, radiator caps and lamps are excepted.

C. Minimum Lot Area.

1. Automobile service station sites shall not contain less than fifteen thousand (15,000) square feet of net lot area.

D. Minimum Street Frontage.

1. Each lot shall have a minimum frontage of not less than one hundred (100) feet on each abutting street.

E. Landscaping.

1. Landscaped planters not less than five (5) feet in width shall be provided along all street frontages except driveway approaches. Landscaping materials shall be of a type that will not exceed three and one-half (3-1/2) feet in height at ultimate growth above the grade of any adjacent street.

2. A landscaped area not less than one hundred fifty (150) square feet in area shall be provided at the intersection of the lot lines at a street corner.

3. Landscaped planters shall be provided along the full length of building facades facing streets or public parking areas, except where there exist doors, bays or other similar areas.

4. Landscaping for all interior lot lines shall be provided by either of the following alternatives:

a. Landscaped planters not less than three (3) feet in width shall be provided along all interior lot lines; or

b. Trees shall be provided along all interior lot lines. The minimum number of trees shall be calculated at the ratio of one (1) tree per twenty-five (25) lineal feet of interior lot line. Minimum tree size shall be twenty-four (24) inch box.

5. All landscaped areas shall be protected by a curb not less than six (6) inches in height or a raised planter wall between the landscaping and paved areas.

6. All landscaped areas shall be properly maintained in a neat, orderly and safe manner. Such landscaping and maintenance shall include, but not be limited to, the installation and use of an irrigation system, permanently and completely installed, which delivers water directly to all landscaped areas.

F. Fencing.

1. A solid masonry wall, six (6) feet in height, shall be erected and maintained along any common boundary line with property in a residential zone, except that said wall shall not be less than two and one-half (2-1/2) feet or more than three and one-half (3-1/2) feet in height within the front yard required by CMC 9136.23.

G. Parking.

1. One (1) automobile parking space shall be provided for each employee on the largest shift, plus one (1) space for each company vehicle, plus two (2) spaces for each service bay. Said spaces are to be striped and provided with bumper guards or wheel stops approved by the Director.

H. Access/Circulation.

1. Driveway entrances to the automobile service station shall not be within five (5) feet of the curb return.

2. Driveways may be required to be located at the greatest possible distance from a street intersection or at such a location as is considered to interfere least with the movement and safety of vehicular and pedestrian traffic. Driveway locations shall be subject to the approval of the Director of Public Works.

3. Driveways shall not exceed thirty (30) feet in width. The minimum driveway width shall be twenty-five (25) feet.

4. The minimum distance between the tops of side slopes of driveways shall be twenty-two (22) feet.

5. There shall be no more than two (2) driveways per minimum street frontage.

6. On-site traffic circulation patterns shall be subject to approval of the Director. Vehicular movement affecting the public right-of-way shall be subject to the approval of the Director of Public Works.

I. Signs shall conform to the provisions of CMC 9136.7.

J. Storage of Material.

1. All display and storage shall be located within an enclosed building except for telephone booths and permanent facilities, located on pump islands, necessary to dispense petroleum products. Automobiles awaiting service may be parked in an unenclosed area for a period not exceeding seventy-two (72) hours. Vending machines shall be placed indoors. (Ord. 79-467)

K. Lighting.

1. All exterior lighting of a building shall be of an indirect nature, emanating only from fixtures located under canopies or hoods, under eaves of buildings and at ground level in the landscaping. Exterior lighting shall be arranged and shielded so that there shall be no glare or reflection onto adjacent properties or public rights-of-way.

L. Paving and Drainage.

1. The entire ground area of the site, except building and planting areas, shall be paved with asphaltic compound or concrete to City standards. Drainage flow lines must be shown on the plot plan, and if drainage is to the street, water must be carried under sidewalks in pipes or culverts subject to the approval of the Director of Public Works.

M. Trash Storage.

1. All trash and refuse shall be stored within an area enclosed by a solid wall with solid doors, not less than six (6) feet in height. The wall shall be compatible with the exterior building material.

2. Adequate vehicular access for refuse pickup and disposal shall be provided.

N. Equipment Rentals.

1. No equipment storage or rental shall be permitted.

O. Restroom Screening.

1. All exterior restroom entrances shall be screened from view of adjacent properties and public rights-of-way by decorative screening.

P. Utilities.

1. All utilities shall be placed underground.

Q. Setbacks.

1. No building or structure shall be located within fifteen (15) feet of any lot line abutting a street or within ten (10) feet of any lot line abutting another lot or an alley, except as follows:

a. A canopy of roof structure over a pump island may encroach not to exceed ten (10) feet into the required setback area along a street frontage.

R. Abandonment.

1. Any existing service station, including legally existing nonconforming stations, shall be declared abandoned if the Director determines that the automobile service station is:

a. Closed continuously for one hundred eighty (180) days; or

b. Closed for one hundred eighty (180) days over a period of one (1) year; or

c. Changed to a use not permitted under this Section.

2. To be considered open, an automobile service station must be operated in good faith for the servicing of motor vehicles.

3. Within thirty (30) days after the Director has declared an automobile service station abandoned, the Director shall notify in writing the owner of said automobile service station that said automobile service station has been declared abandoned, and the date and the reasons for the declaration.

The owner of an automobile service station which has been declared abandoned may, within ten (10) days after his receipt from the Director of the notification of declaration of abandonment, request the Commission to set a public hearing to determine whether sufficient facts exist to support the Director’s determination that said automobile service station has been abandoned as defined in this subsection: Upon such timely request, the Commission shall set a public hearing for the aforesaid purpose.

4. If an automobile service station is abandoned, all conditional use permits connected with it are null and void.

5. An abandoned automobile service station shall comply with any one (1) of the following alternatives within one hundred eighty (180) days of such abandonment:

a. Reuse of the premises as outlined in subsection S of this Section; or

b. Securing of the premises as outlined in subsection T of this Section; or

c. Abatement of the premises as outlined in subsection U of this Section.

S. Reuse of Abandoned Automobile Service Stations.

1. Any reuse of an abandoned automobile service station, either as an automobile service station or other use permitted by the land use regulations pertaining to the site, shall be allowed only as specified below:

a. Any automobile service station established and subsequently abandoned shall not resume operation as an automobile service station unless and until it complies with all regulations of subsections A through Q of this Section.

b. If any existing, legal nonconforming automobile service station established prior to the effective date of this Section is abandoned, it shall not resume operations as an automobile service station unless and until it complies with all regulations of subsections A through Q of this Section.

c. No automobile service station shall be used for any other use unless and until a conditional use permit is granted.

2. Upon approval and receipt of the conditional use permit, the applicant shall follow the conversion standards listed below:

a. All pumps, signs, insignias and corporate trademarks, their supporting structures, mountings and foundations and all other aboveground improvements uniquely associated with automobile service stations, with the exception of the office, canopies, pump islands and service bays, shall be taken down, dismantled, and removed from the site.

b. All gasoline storage tanks, fuel lines, pumps and other belowground apparatus related to the delivery or disposal of petroleum products shall be excavated and removed from the site or filled according to Federal, State and City regulations.

c. Upon removal of the tanks, structures and other apparatus specified in preceding subsections (S)(2)(a) and (S)(2)(b) of this Section, the site shall be landscaped and resurfaced in a manner consistent with the new use.

d. All such improvements shall be completed or in progress no later than one hundred eighty (180) days after the issuance of the new conditional use permit and shall continue in good faith until completion.

If the provisions of this subsection are not fulfilled, the use shall become abandoned and all applicable conditional use permits shall become null and void.

3. Unless specifically modified by previous Commission action, no site originally developed as an automobile service station and subsequently converted to another commercial use, whether by conditional use permit or not, shall be converted to yet another commercial use unless and until a conditional use permit is granted.

T. Securing of Abandoned Automobile Service Stations.

1. Any automobile service station declared abandoned and not reestablished as an automobile service station or converted to another use as outlined in subsection S of this Section, shall comply with the following conditions within one hundred eighty (180) days of being declared abandoned:

a. All pumps, signs, insignias and corporate trademarks, their supporting structures, mountings and foundations and all other aboveground improvements uniquely associated with automobile service station operations, with the exception of the office, canopies, and service bays, shall be taken down, dismantled and removed from the site.

b. All gasoline storage tanks, fuel lines, pumps and other below-ground apparatus related to the delivery or disposal of petroleum products shall be excavated and removed from the site or filled according to Federal, State and City regulations.

c. A chain link fence not less than six (6) feet in height and including a four (4) foot wide gate shall be erected around the perimeter of the lot on which the automobile service station is located, unless the automobile service station is located on a lot with another use, in case the fence shall enclose all property originally devoted to the automobile service station use. (Added by Ord. 81-552, § 1)

All automobile service stations in the City declared abandoned pursuant to CMC 9138.12 prior to the adoption of Ordinance No. 81-552 shall comply with the requirements of CMC 9138.12(T)(1)(c) within one hundred eighty (180) days from the effective date of the ordinance codified in this Section. (Added by Ord. 81-554, § 1)

Any person violating any of the provisions or failing to comply with any of the requirements of the Section shall be guilty of a misdemeanor and shall be punishable by a fine of not to exceed $500.00 or by imprisonment in the County jail for a period not exceeding six (6) months or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which violation of this Section is committed, continued or permitted by such person and shall be punishable accordingly. (Added by Ord. 81-554, § 2)

2. All such abandoned automobile service stations shall be secured and maintained in a neat, orderly and safe manner.

U. Abatement of Abandoned Service Stations.

1. Any automobile service station declared abandoned and not in compliance with either subsection S or T of this Section within one hundred eighty (180) days of such declaration, shall be deemed substandard property as defined in Section 9904 of the City’s Building Code.

2. Any abandoned automobile service station deemed to be substandard property shall be subject to the abatement procedures as set forth in Chapter 99 of the City’s Building Code and subsection (R)(5) 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 of this Code. (Ord. 79-479, § 7; Ord. 79-467; Ord. 03-1279, §§ 20, 21; Ord. 04-1322, § 5; Ord. 08-1400, § 1)

§ 9138.15    Commercial, Automotive (CA) Development Standards.

A. Description of Boundaries. The City of Carson Commercial Automotive District (CAD) is generally located on the south side of the 405 San Diego Freeway on 223rd Street, between Lucerne Street to the west and Alameda Street to the east. Also included in the CAD is the Don Kott Auto Center on Avalon Boulevard, north of 213th Street and south of the 405 Freeway; and Altman’s RV Center on Recreation Road, north of the 405 Freeway.

B. Purpose and Intent. The CAD is intended to maximize retail sales of new automobiles at dealerships located within the City of Carson and promote the development of a Commercial Automotive District consisting of automobile and light truck sales facilities with consistent and appealing landscaping, lighting, signage and compatible architectural elements. The use of the regulations and development standards contained herein is intended to fulfill the following objectives:

1. Encourage the consolidation of automobile sales franchises within a designated Commercial Automotive District.

2. Provide signage standards designed to meet the needs of automobile retailing, while remaining aesthetically pleasing to the public.

3. Provide flexible design standards to encourage compatible site design, while encouraging a range of architectural aesthetic styles to create a sense of excitement and vitality.

4. Provide consistent design standards to which all development within the CAD must adhere.

5. Establish the cooperation and coordination of the participants in the development and operation of the CAD.

6. Establish a long-range and ongoing source of economic strength to the community in terms of employment and tax revenue for community services.

7. Encourage the rehabilitation of existing structures and overall site upgrades so that existing land uses become unified with new developments, enhancing the overall CAD image.

8. Establish innovative and quality site planning and architectural design maintaining a prosperous and marketable specialized automobile commercial complex, unique and individual in itself.

Certain development considerations associated with the planning and implementation of this development district are unique to the City of Carson and this district in particular. The implementation of a marketable complex for automobile sales and services requires a district which provides: (1) opportunities for high visibility and accessibility to the dealerships from the 405 Freeway and 223rd Street; (2) available parcels of land under the ownership of several individuals and the redevelopment agency; (3) incentives for development such as public improvements (i.e., streets, gutters, lighting, off-site signage, etc.), redevelopment agency opportunities, and community goals and standards; and (4) the previous establishment of existing uses and compatibility with proposed new automobile and other related retail commercial uses.

C. Permitted and Conditional Uses. The CAD permits the following principal, secondary and conditional uses:

1. Principal Uses.

a. New vehicle dealerships, principally geared toward the sale of new passenger vehicles and light duty trucks.

b. New recreational vehicle sales.

c. New motorcycle sales.

d. Renting and leasing of recreational vehicles.

2. Accessory Uses. As an integral, but secondary part of the operation of a new vehicle franchise, the following uses shall be permitted:

a. Used vehicle sales; provided, that the used vehicle sales are in conjunction with new vehicle sales and are not primary.

b. Vehicle repair and service, in conjunction with new vehicle sales; see CMC 9138.2.

c. Vehicle parts and supply sales, in conjunction with new vehicle sales.

d. Vehicle leasing, in conjunction with new vehicle sales.

e. Vehicle washing and detailing; see CMC 9138.13.

f. Public and private parking lots.

3. Conditional Uses. The following uses are permitted only after a valid conditional use permit (CUP) has been approved by the City:

a. Auto body, paint and/or upholstery shops as an integral but secondary part of operating a new automobile franchise; see CMC 9138.2.

b. Restaurants, including drive-thrus, cafes, dinner houses, or establishments offering food for in-house or take-out consumption.

c. Automobile service stations; see CMC 9138.12.

d. Transmitters, receivers and repeater stations (cell towers/monopoles).

e. Sales of used automobiles, recreation vehicles, and trucks not over two (2) ton capacity, as a primary use; see CMC 9133.

4. Interpretation of Uses Permitted. Other similar automobile and commercial related uses when interpreted by the Planning Commission as to performance standards as set forth in this Section and determined by means of interpretation in accordance with CMC 9172.24.

5. Prohibited Uses.

a. Any uses not fully enclosed within a building, except:

(1) Vehicle sales.

(2) Vehicle storage.

(3) Vehicle washing and detailing, which shall be screened from public right-of-way along streets within the CAD Zone and residential areas.

b. Dismantling of vehicles or the storage of vehicles for parts.

c. Outside storage of equipment, parts, inoperable vehicles or outside vehicle repair and maintenance.

d. All uses are prohibited except as expressly permitted by the provision of this Section.

D. Minimum Site Development Standards. The applicable minimum site developments listed below shall apply to automobile and other related dealerships and uses. Other standard commercial uses shall abide by development standards in the CR (Commercial, Regional) Zone and the General Development Standards, Part 6.

1. Building Setbacks.

a. No structure of any kind, and no part thereof, shall be placed on any site closer to a property line than herein provided. The following structures and improvements are specifically excluded from these setback provisions:

(1) Roof overhangs and approved architectural embellishments.

(2) Canopy; provided, it does not impact line of sight of adjacent vehicle dealerships or is set back fifty-two (52) feet from the front property line if impact occurs.

(3) Steps, paving and walks associated with vehicle display areas.

(4) Paving and associated curbing in relationship to landscaped areas.

(5) Landscaping and security bollards located within landscaped areas.

(6) Signs and displays identifying owner, lessee or occupant constructed pursuant to CMC 9138.15(E).

(7) Light fixtures, not to exceed twenty-five (25) feet in height.

(8) Raised vehicle display areas.

(9) Subterranean parking or basements.

b. Setback from side and rear property lines: No building setback is required from interior property lines, providing that the building wall does not exceed thirty (30) feet in height, or fifty (50) percent of the length of the property line. Buildings not in conformance with the aforementioned criteria shall be set back ten (10) feet from interior property lines.

c. Setback from street property line:

(1) Sales or display buildings shall be set back a minimum of seventy-five (75) feet from street property line, so as to allow for a ten (10) foot front landscaped setback area, vehicle display area, driveway, further vehicle display or customer parking, and vehicle display or landscaped planter area in front of building.

(2) Service and storage buildings shall be set back a minimum of seventy-five (75) feet from street property line. Service bays shall be screened from public view along 223rd Street and the 405 Freeway. Service “write-up” areas may be visible from 223rd Street to serve as a visual guide for customers entering the property.

(3) Vehicle display (other than raised vehicle display) and on-site parking shall be set back a minimum of ten (10) feet from street property line. A two (2) foot vehicle overhang is permitted within front setback area.

(4) Raised vehicle display areas within front yard shall be set back a minimum of five (5) feet from street property line; see subsections (D)(2) of this Section.

(5) Raised vehicle display areas in excess of forty (40) percent of lot frontage shall be subject to review and approval by the Planning Commission.

2. Street – Elevated Vehicle Display Area.

a. Elevated vehicle display is encouraged within front setback areas within the CAD and should be sloped for better visibility.

b. Height of the elevated vehicle display area shall not exceed four (4) feet, unless specifically approved by the Planning Division.

c. Elevated vehicle display areas shall be designed in a way so that they are in proportion to and complement the public way. The use of terraces, landscape buffers or water elements shall be considered.

d. Interesting paving surfaces such as grasscrete, stamped concrete, etc., in lieu of asphalt, shall be considered.

e. Elevated display areas shall be designed so that no individual vertical element exceeds thirty (30) inches without terracing or other transitional elements such as landscaping, etc.

f. Street-oriented elevated vehicle display areas shall have special lighting (overhead or up-lighting) in order to accent display areas. See subsection (D)(9) of this Section.

g. Elevated vehicle display within front setback areas shall not create a visual obstruction for vehicles accessing driveways or infringe on showroom visibility.

h. The use of mechanical equipment, lifts, and industrial imagery for the elevated display area along 223rd Street and other streets within the CAD is discouraged. Designs that blend with the front landscaped setback area, and are more organic in nature, shall be utilized.

3. Freeway – Elevated Vehicle Display Area.

a. Rooftop elevated vehicle display areas shall not be a nuisance or create visual clutter and infringe on adjacent properties.

b. Elevated vehicle display along the freeway should be sloped toward the freeway to provide for optimum vehicle display visibility. Use of reflective materials is prohibited.

c. The use of a mesh wall and climbing plants should be applied to buildings or structures supporting roof-mounted displays facing the 405 Freeway. This provides aesthetic contrast and transition from the freeway to the display area.

d. Raised display areas should not have a skeletal structural frame, which is exposed to the public. All structural framework should be enclosed by a wall facing the freeway, and shall blend with the architectural building aesthetics or be designed to accommodate the mesh wall with climbing plants.

e. Rooftop lighting shall not create a glare or hazard to approaching freeway traffic and shall comply with subsection (D)(9) of this Section.

f. The backdrop wall for the elevated vehicle display area should be designed so as to integrate with the dominant aesthetic theme of the dealership.

g. Backdrop wall heights may vary depending on the relationship of the freeway and site elevations. Such backdrop wall (including building height and elevated vehicle displays) shall not exceed a height of forty (40) feet.

h. Letters and logos for the elevated freeway display should be backlit or up lit, and comply with subsection (E) of this Section.

4. Building Height.

a. Buildings shall be a maximum of forty (40) feet in height. No building shall provide vision into an adjacent residential structure or an adjacent residential yard.

b. Automobile, motorcycle or recreational vehicle display shall be allowed on top of a building facing the 405 Freeway, pursuant to subsection (D)(3) of this Section.

c. Automobile storage in the second level of a building shall be permitted and may be viewed from the 405 Freeway.

5. Lot Size.

a. The minimum lot size for each site shall be one (1) acre.

6. Parking. Vehicle dealerships shall provide employee and customer parking on the dealership site or on a common parking facility especially established for such purposes as follows:

a. Each auto dealer shall provide a minimum of six (6) parking spaces reserved and labeled accordingly for customers of new vehicle purchases. The parking spaces shall be located in an area that will allow for customer flow into the dealership facility through designated main entrance.

b. Parking shall be provided at a ratio of one (1) space for every:

(1) One thousand (1,000) square feet of interior or exterior covered display floor area;

(2) Four hundred (400) square feet for buildings used for supplies and vehicle storage;

(3) Two (2) spaces per repair and service bay, plus one (1) space per five hundred (500) square feet of nonservice bay area; and

(4) Three hundred (300) square feet for buildings used for office and administration.

c. All on-site customer parking shall be clearly identified, either by special paint (i.e., curb painting) or signage.

d. If employee parking is provided in a common parking facility shared by one (1) or more merchants, a recorded document shall be filed with the Planning Department and shall be signed by the legal owner of the common site, stipulating the permanent reservation of use of the site for employee parking purposes.

e. On-site disabled parking shall be required per all applicable codes.

f. Parking of display vehicles for sale is exempt from municipal code standards for striping, stall size and aisle width; provided, that its design layout does not conflict with Fire Department or other agency regulations.

g. Trucks and recreational vehicles displayed within fifty-two (52) feet of the front yard line shall not impact the line of sight of adjacent vehicle dealerships.

7. Landscaping. The following standards shall be applied:

a. A minimum ten (10) foot landscaped setback is required along the front setback area, measured from the rear of the sidewalk to the display area. A two (2) foot vehicle overhang is allowed within the ten (10) foot setback. Setback area shall include unobstructive trees, low growing shrubs, groundcover and turf.

b. A minimum ten (10) foot wide island shall be required at the end of all display area parking adjacent to the main entry drive lane. Islands shall have a mixture of trees, shrubs and groundcover.

c. On-site landscaping shall be compatible with subsection (I) of this Section, which is contained herein to coordinate the species of plant materials and provide continuity of landscaping within the CAD.

d. A minimum five (5) percent interior landscaping shall be required, excluding building footprint and front setback areas.

e. Undeveloped areas reserved for future expansion, such as any parcel not promptly built out, shall be maintained in a weed-free condition but need not be landscaped. Such sites shall be maintained in such a manner to prevent dust from blowing onto adjacent properties.

8. Driveways.

a. Single driveways shall be a minimum twenty-six (26) feet wide and maximum thirty (30) feet wide.

b. Driveways over thirty (30) feet in width shall require a minimum five (5) foot wide center landscaped island, with minimum twenty (20) foot clearance per side.

c. Stamped and terra-cotta colored concrete shall be installed at all driveway entry areas, a minimum distance of twenty (20) feet from property line.

9. Lighting. Intent – to provide consistent, uniform lighting, of architectural integrity and capacity to be compatible with adjacent businesses, residential areas, 223rd Street and the 405 Freeway.

a. On-site exterior lighting shall comply with CAD lighting criteria, as set forth in this Section.

b. On-site lighting plans, including photometric plan, shall be submitted showing the exterior lighting layout, light pole and fixture mounting details, performance fixture description and wattage proposed by each auto dealer.

c. All light fixtures shall not exceed twenty-five (25) feet in height, measured from grade level. Roof- or deck-mounted light fixtures not to exceed sixteen (16) feet in height.

d. Exterior lighting shall consist of metal halide lamps.

e. All fixtures shall be ninety (90) degree cut-off, to prohibit spillage above the ninety (90) degree vertical plane. Such fixtures shall be arranged and shielded so that there shall be no glare or reflection onto adjacent properties or public rights-of-way.

f. Front-row on-site lighting standards adjacent to public streets shall have no more than two (2) fixtures per standard at a minimum of thirty-six (36) feet on center.

g. The interior of the display area may be illuminated by fixtures not closer than sixty (60) feet to the front line of display lights. These fixtures shall be spaced no closer than sixty (60) feet on center, and shall have no more than four (4) fixtures per pole.

h. Creative lighting design and reinforcement of lighting intensity to provide varying degrees of light intensity for merchandising and highlighting purposes are encouraged, so long as they comply to the following standards:

(1) All fixtures are to be installed in a horizontal attitude.

(2) Pole luminaries shall be bronze “shoebox” type, Spaulding “Cordova II” or equal (no stripes).

(3) Ground level poles shall be bronze with minimum four (4) inch square steel.

(4) Upper level parking deck poles shall be bronze and not exceed sixteen (16) feet in height with minimum four (4) inch square steel.

(5) All “sales” lot luminaries shall be provided with one thousand (1,000) watt metal halide lamps.

(6) All “support” area luminaries shall be provided with a maximum of four hundred (400) watt metal halide lamps.

(7) Poles shall be mounted on thirty (30) inch high by twenty-four (24) inch diameter round concrete bases with brushed concrete finish.

i. Strings of incandescent fixtures shall not be allowed in any exterior area, except lights associated during December holiday season.

10. Walls/Fencing. Walls constructed on an interior lot line or at the rear of a required landscape setback of the CAD shall be in keeping with the regulations contained herein.

a. Interior lot line walls shall not exceed eight (8) feet in height and rear walls shall not exceed twelve (12) feet in height. Use of barbed, razor or similar wire is prohibited.

b. All service, storage and trash areas shall be screened from view from any public street by a wall. Trash enclosures shall be constructed to the City of Carson enclosure standards on file in the Planning Division.

c. All walls shall be decorative, consisting of splitface masonry, slumpstone, stuccoed block, stone, wrought iron, or a combination thereof.

d. Chainlink fencing is prohibited.

11. Gates.

a. Security gates located at entrance areas shall not exceed forty-two (42) inches height.

12. Security Bollards.

a. Security bollards, if utilized, shall be placed within the front ten (10) foot landscaped setback area, not to encroach within vehicle display areas. Design and placement shall be subject to Planning Division review.

13. Sound Attenuation.

a. All body repair work (if permitted) and all compressor work shall be performed in a fully enclosed area only. Access doors to such enclosures shall be screened or face away from all public rights-of-way.

b. Air compressor exhaust stacks shall contain a muffling device.

c. Exterior loudspeakers shall not be mounted more than ten (10) feet above finish grade and shall be oriented toward the interior of each parcel.

d. Rooftop-mounted air conditioning and mechanical equipment must be screened from public view and adjacent properties by a screening technique involving integrated architectural design elements.

E. Signage.

1. Introduction. The purpose of this Section is to guide automobile dealers in the selection and placement of their signage. It is the intent to provide a reasonable number of signs, as well as size specifications, in order to provide aesthetic harmony among dealerships. It is further intended to limit the number and size to that required for proper conduct of business, yet controlling and managing the design, aesthetics and placement of all signage. It is desired that artistic flexibility be allowed while maintaining continuity and appropriate scale to the center as a whole. The information contained in these development standards as adopted by the City of Carson establishes mandatory criteria to which each sign must conform. Each business will be responsible for the construction, installation and maintenance of its signage, and must submit for design review approval to the City of Carson pursuant to this Section. Submitted drawings must indicate location, materials, finishes, height, square footage and method of installation for all proposed signage.

2. Vehicle Dealers’ Signs.

a. General Criteria.

(1) Signs will be allowed for the purpose of identifying the buildings, the premises, the uses and special events.

(2) All permanent and temporary signs are to receive the proper permits prior to construction.

(3) Each new dealership shall submit and have approved a plan showing their entire permanent sign program prior to construction of the signs.

(4) All permanent signs, including pole-mounted “product identity,” shall be for the purpose of identification or direction only, and shall not contain any promotional advertising.

(5) Billboards or wall-painted signs are prohibited.

(6) Exposed raceways, ballast boxes or transformers are prohibited.

(7) Illuminated signs shall be internally lighted by fluorescent, LED or neon tubes. No luminous or reflective background or script may be attached or applied.

(8) Sign company names or stamps shall be concealed.

(9) Locations, type and size of all permanent signs shall be indicated on the drawings submitted during the design review process for approval by the City.

(10) No roof-mounted signs will be permitted, excluding roof-mounted display areas.

(11) If dealers’ sign program is mandated by the vehicle manufacturer and is inconsistent with this Section, specific design review shall be required and approved by the Planning Commission.

3. Freestanding Monument and Pylon Signs.

a. One (1) street-front sign shall be permitted per franchise in the form of a monument and/or pylon type, placed no closer than two hundred (200) feet apart, to identify the dealership name or product. The sign may not contain any temporary, promotional advertising.

b. Monument and pylon signs may contain the following information:

(1) Brand(s) of vehicle sold;

(2) Manufacturer’s logo;

(3) Dealer’s name;

(4) Identification of used cars and/or trucks.

c. Electronic message signs are prohibited along streets within the CAD, unless they are freeway-oriented.

d. Nonfreeway-oriented pylon sign faces along 223rd Street and other affected streets within the CAD may not exceed sixty (60) square feet in area per side, nor exceed a height of twenty-five (25) feet measured from adjacent natural grade.

e. In addition, one (1) pylon sign per automobile dealership shall be permitted at the rear of the property facing the 405 Freeway. Pylon sign shall not exceed a height of thirty (30) feet measured from freeway grade and shall be architecturally consistent with site development. Freeway pylon sign shall be subject to Planning Commission approval.

f. Monument signs shall not exceed eight (8) feet in height, including base as measured from adjacent natural grade. Base shall be minimum eighteen (18) inches in height.

g. Monument signs are to be located at major public entrance to the site in an area, which will not obstruct the vision of motorists so as to create a safety hazard. Pylon signs are to be located in the center of the front setback area. The signs will be perpendicular to the street and located five (5) feet away from the front property line.

h. Monument and pylon signs are to be located in a landscaped planter of at least 200 square feet.

4. Building-Mounted (Wall) Signs.

a. Primary signs may contain manufacturer’s logos, brand of vehicle sold and dealer identity. Secondary signs shall include service, parts or other associated name.

b. Wall-mounted signs shall consist of channel letters/numbers, internally illuminated or back lit with trim caps. Letters for primary building signage (dealer name) shall not exceed thirty-six (36) inches in height nor twenty-four (24) inches in height for secondary signage (i.e., service, parts). Illumination optional for secondary signage. All letters must be securely attached to the wall surface and may not extend beyond the roofline.

c. No more than two (2) rows of letters are permitted.

d. One (1) logo shall be permitted per manufacturer, not to exceed forty-eight (48) inches in height, unless authorized by the Planning Commission.

e. Wall signs shall not exceed seventy (70) percent of building frontage and shall provide a minimum ten (10) percent gap above and below all wall-mounted signs.

5. Information Signs.

a. Signs shall be single-sided, mounted flat on a building or wall, and shall not protrude out from the building. Such informational signs shall be permitted to identify types of services, hours of operation, or other specific functions of a given dealership.

b. Area shall not exceed four (4) square feet.

6. Street Directional Signs.

a. Signage information may include directions to Entrance, Service, Parts, Customer Parking, etc.

b. These signs shall be no more than twelve (12) square feet in dimensional area. Any such freestanding signs shall be a maximum of four (4) feet above grade, unless attached to a building. Design shall be compatible to overall signage program.

c. A maximum of one (1) sign may be permitted per driveway accessing a public street.

d. Signs shall be set back a minimum of five (5) feet from the front property line, unless otherwise approved pursuant to a development plan.

7. Pole-Mounted “Product Identity” Signs.

a. “Product identity” signs, which identify individual auto makes, are to be mounted to auto display lighting poles and may consist of “banner” and/or flag style signs.

b. The maximum dimensions of “banner” style signs will be three (3) feet wide by six (6) feet long having no more than eighteen (18) inches extending on either side of the centerline of the pole. The minimum ground clearance shall be a vertical distance of eight (8) feet measured from the bottom of the sign to the ground surface. “Banner” style signs shall be constructed of a high quality combination of metal and vinyl.

c. The maximum dimension of “flag” style signs will be three (3) feet wide by three (3) feet long mounted on the top of the pole. “Flag” style signs shall be constructed of a high quality combination of metal, vinyl, and/or nylon.

d. “Banner” and “flag” style product identity signs are to be replaced when they show signs of unattractive wear and/or fading as determined by the City.

e. Each dealership is limited to one (1) product identity sign per lighting pole on the first row of lighting poles parallel to the street curb of the dealership. No product identity signs are permitted on any other poles.

8. Temporary Identification Signs.

a. Automobile dealerships within the CAD will be allowed temporary signage eight (8) time periods per year for special events including, but not limited to, the standard holiday sale periods of Presidents’ Day, Memorial Day, Fourth of July, and Labor Day. Each time period for the eight (8) special events will not exceed sixteen (16) days. Each special event time period must be separated from the previous event by at least fourteen (14) days.

b. Each individual auto dealership facility (not each auto make) will be allowed temporary signage two (2) time periods per year for special events. These two (2) special events are in addition to the eight (8) special events permitted by the CAD.

c. Temporary signs are limited to banners, balloons, and/or window painted signs.

d. The maximum number of temporary banners is two (2) per dealership. Banners shall be mounted on buildings with minimum seven (7) foot clearance from grade.

e. Special displays such as murals or other similar types, not specified herein, shall be approved by the Planning Commission.

f. Painted window signs shall not exceed fifty (50) percent of the window area or two hundred (200) square feet, whichever is less.

g. Balloons smaller than eighteen (18) inches will be permitted only on Saturdays and Sundays and the following holidays: New Year’s Day, Presidents’ Day, Memorial Day, Fourth of July and Labor Day.

h. Each individual auto dealer is responsible for the removal of all helium filled balloons as permitted by this Section on the respective dealership site by the end of the day in which balloons are authorized. No helium filled balloon shall be cut loose to fly freely; all helium filled balloons shall be discarded in a designated trash bin or receptacle.

i. Sandwich boards, pennants, streamers, and any other sign types not covered in this Section are prohibited.

j. All temporary signs must be removed within twenty-four (24) hours following the completion of each special event.

k. No temporary signs are permitted anywhere within the CAD outside of special event time periods provided for in this Section.

l. A permit for temporary signage must be obtained per calendar year for each of the dealerships, prior to placement of temporary signs by the auto dealership facility. Said permit shall be $280.00 per year, per dealership ($35.00 per display period).

m. Two (2) additional temporary signage permits can be issued independently for each dealership per calendar year, at a rate of $35.00 per permit.

9. Commercial Signs. Signage not associated with automobile and other types of dealerships shall comply with CMC 9136.7.

F. Other Government Codes. All development within the CAD must comply with all applicable governmental codes. When there is a conflict between this Section and other sections of the Municipal Zoning Code, the provisions of this Section shall take precedence.

G. Design Review Requirements. All projects within the CAD involving the construction or rehabilitation of property are required to be in compliance with these development standards and the provisions contained within the Carson Municipal Code pertaining to site plan review process pursuant to CMC 9172.23.

H. Design Guidelines.

1. Intent. This section is intended to give direction to developers of auto dealership projects within the CAD to encourage orderly, harmonious and integrated design of structures, display areas, landscaping, parking areas, lighting and accessory structures. This Section establishes a standard for design quality while maintaining flexibility for individual expression and imaginative design solutions.

2. Site Planning.

a. Buildings should be located to maximize the automobile retail environment. The site should be laid out to maximize visibility of new vehicle sales. Desirable features such as freeway visibility, street frontage and solar orientation should be used to accentuate the visibility of the product.

b. Pedestrian circulation should be direct and easily accessible while providing for a safe environment.

c. Driveway access should be located so as to minimize disturbance to future street and public way improvements, maintaining good visibility of pedestrian and vehicular off-site traffic. Fence, walls, or hedges shall not obstruct vehicles entering or exiting a driveway.

d. Vehicular access should be located so as to create direct access to the customer parking and vehicle display areas, ensuring convenient ingress and egress. Customer parking should be separated from vehicle sales display(s).

e. When locating buildings, parking, vehicle display areas and walkways on a parcel, all desirable site features (street and freeway frontage, corner lot, irregular lot) should be used to an advantage.

f. Loading zones should be located so as to be screened from the public right-of-way and to minimize the interaction between the public zone for vehicle sales and the service areas.

g. Service areas should be enclosed or screened from public right-of-way and should be conveniently located and designed for access by service vehicles, not creating a nuisance for adjacent property owners.

h. Utility equipment such as electrical panels, gas meters, etc., should be located so that they are screened from public view. On-site utility lines shall be placed underground.

i. Transformers, backflow devices and similar structures should not be the dominant element of the landscaping areas and should be screened from view wherever possible.

j. The site should be flexible in design to accommodate future possibilities for revisions/ expansions to the site due to changing demands. Such alterations can then be met with minimum impact to existing on-site and off-site improvements.

k. Buildings should be located so as to maximize vehicle display areas. Windows within the building should be oriented toward and have a clear view of the vehicle display(s) and shall be the dominating feature of the building facing 223rd Street.

l. Consideration should be given to the unique nature of the sites in that the “rear” of the sites is in fact the front view from the 405 Freeway, having a high level of drive-by visibility. This unique condition should be addressed as best as possible in the layout of the site to help identify the Auto Row District and contribute positively to the imagery and architecture of the district.

m. Buildings should be located and oriented so as to complement, not conflict, with the adjacent uses and imagery of adjacent parcels (i.e., block visibility of adjacent vehicular display areas, etc.).

n. Wherever possible, transitions between existing and new buildings or additions should be gradual. The height and mass of the new projects or construction should not create abrupt changes from those of existing buildings.

o. An adequate on-site queuing area for service customers shall be provided. On-site driveways may be used for queuing but may not interfere with access to required parking spaces. Required parking spaces may not double as queuing spaces.

3. Building Design. The CAD Development Standards do not set forth a specific design theme, but rather seek to create well thought out design solutions compatible within the CAD. The “planned” district should result from consistent site planning and landscaping rather than building design.

a. Buildings within an individual site should have common proportion, massing and details, which are consistent through the use of common colors, signs, lighting treatment and landscaping.

b. Buildings with undistinguished masses and bulk are discouraged. Efforts should be made to design the structures to a human scale of the automobile retailing environment while addressing the need to contribute to the freeway frontage and scale. Contributing factors are varying the planes of exterior walls, change of materials and varying the height of the structures.

c. Within an individual project or site, materials, colors and textures should be consistent with the design theme of the buildings and create a consistent palate. The buildings should be stylistically consistent so that the detailing reflects the traditional style of the design.

d. Building facades which face adjoining street and the 405 Freeway shall provide visual relief and shadow patterns designed to provide variety to the adjacent streetscape.

e. Building elevations and massing should be designed to reflect the orientation of the building. Only active building elevations, including windows and entrances (not blank walls or loading zones) should face the public right-of-way.

f. Special attention should be given to the top and the base of buildings. The connection between building and ground and building and sky should have a special significance and be properly addressed in detailing and choice of materials.

g. Newspaper racks and public phone booths should be integrated into the interior of a structure. Exterior vending machines are prohibited.

h. Materials of relative permanence and not susceptible to decay and damage over a short period of time should be used.

i. Materials should be used to help accent the massing and design theme of the buildings. Facades should be provided with articulation and glazing so as to minimize long uninterrupted blank walls.

j. Massing of the buildings should be used to help create spatial hierarchy to the buildings and reflect some of the uses on the interior. This will help to minimize an industrial and monolithic architectural environment.

k. Architectural elements such as cornices, canopies, shading elements, trellises, change of materials, and others are encouraged. However, these elements should be important elements of the building theme and not just applied decoration or architectural gimmicks.

l. Glazing that faces the public right-of-way is encouraged to be of a type that helps create interaction between the interior sales and showroom spaces and the public right-of-way and exterior environment.

m. Use of hierarchal elements such as towers, varied rooflines, etc., are encouraged to help break the horizontal look of buildings and visually enhance the architecture. These types of elements can also identify main entries, provide backdrop for signage, etc.

4. Roofs.

a. The roofline of a building should be designed in conjunction with its mass and facade so that the building and its roof form a consistent composition as viewed from adjacent street.

b. All rooftop mechanical equipment shall be screened from adjacent properties and public rights-of-way. Screening design and materials shall be consistent with the overall building design.

c. Roofs should be an integral part of the building design and overall form of the structure and should reflect and be consistent with the design aesthetic of the building.

d. Roofs should not be such that they become the dominant element of the architecture. Elements such as mansard roofs or pitched roofs should be to scale with the facade and proportion of the building.

e. Pitched roofs should be addressed carefully so that the scale of the roofs is broken down to minimize large uninterrupted rooflines and ridges.

f. Roofing materials should be consistent and complementary to the design of the building.

g. Rooflines shall be used to create a hierarchy of space and help identify entrances, vehicular display areas, etc.

I. Landscaping. Landscaped areas shall be planted as an integral part of the project, and not merely located in leftover portions of the site.

1. The location of plant materials shall respond to the architectural design of the building to key-note entries, contrast with or reinforce building lines and volumes, and soften hard structural lines.

2. Plant materials shall be used to define street edges, outdoor display areas and pedestrian pathways; and to screen vehicle service areas, trash enclosures, utilities and mechanical equipment.

3. Plan materials shall be integrated in the building form as architectural elements (i.e., cascading from balconies, potted trees on upper story patios, etc.) whenever possible.

4. Landscaping should be used to create nodes within both auto and pedestrian circulation patterns and can be useful in distinguishing special display areas.

5. When solid building walls or perimeter walls are within the view of a public street, trees shall be planted a maximum of forty (40) feet on center (trees may be clustered).

6. All trees shall be a minimum twenty-four (24) inch box. Palm trees shall be mature and of good height size.

7. Elements such as sculptures, water elements, etc., incorporating artistic expression shall be used whenever possible.

8. Vertical landscape elements shall be used to enhance the street-side elevation of buildings and to allow view of signs and architectural features from the street.

9. Consistent landscape themes shall be used within the CAD. It is recommended that a simple grass and California Fan Palm tree design – typical fifteen (15) foot brown trunk – (or other tree design pursuant to approved landscape plan), be utilized throughout the front setback area and interior of parcels with shrubs, bushes, vines and ground covers from the following list utilized for foundation and accent planting:

a. Shrubs.

Butterfly Iris

Moraea iridioides

Hibiscus

Hibiscus rosa – sinensis

Dwarf Oleander

Nerium oleander ‘Petite Salmon’ or ‘Petite Pink’

Wheelers Dwarf

Pittosporum tobira ‘Variegata’

India Hawthorn

Ralphiolepis indica ‘Jack Evans’

Compact Natal Plum

Carissa

Lily of Nile

Agapanthus africanus

Privet

Ligustrum ‘Texanum’

Compact Shiny Xylosma

Xuylosma, congestum ‘Compactum’

Pink Escallonia

Escallonia fradesii

Ternstromia

Ternstroemia gymnanthera

Frasers Photinia

Photinia fraseri

Viburnum

Viburnum davidii

b. Ground Covers.

Star Jasmine

Trachelospermum jasminoides

Prostate Natal Plum

Carissa grandiflora
‘Green Carpet’

Blue Rug Juniper

Junipers horizaontalis

Turfgrass

‘Marathon’ fescue

Trailing Lantana

Gazanias

Lantana montividenis

(Ord. 03-1279, § 23; Ord. 08-1404, § 3)

§ 9138.17    Mixed-Use – Carson Street (MU-CS).

A. Description of Boundaries. The City of Carson Mixed-Use – Carson Street Corridor (MU-CS) is a 1.75-mile section located on the north and south sides of Carson Street between the San Diego (I-405) Freeway and the Harbor (I-110) Freeway. There are five (5) districts within the Carson Street Corridor MU-CS which are: West Gateway District, Community Shopping District, Boulevard Residential District, Civic Center District and East Gateway District. The West Gateway District includes the north and south side of Carson Street between the I-110 Freeway and Moneta Street. The Community Shopping District includes the north and south side of Carson Street from Moneta Street to Dolores Street. The Boulevard Residential District extends from Dolores Street to Grace Avenue, the Civic Center District extends from Grace Avenue to Bonita Street and East Gateway District extends from Bonita Avenue to the I-405 Freeway.

B. Purpose and Intent. The purpose of the MU-CS Zone is to create a downtown retail and residential district which will provide the City of Carson with a distinctive core area which includes its Civic Center. The use of the regulations and development standards contained herein is intended to fulfill the following objectives:

1. Create a livable, pedestrian-friendly downtown retail district surrounding the civic core.

2. Create a distinctive mixed-use character throughout the Carson Street Corridor by establishing standards and guidelines.

C. Permitted Land Uses. All uses within the Mixed-Use – Carson Street Corridor are subject to site plan and design review per CMC 9172.23.

1. Permitted and Conditional Uses

Residential Uses:

 

Multiple-family dwellings

CUP

Residential condominiums

CUP

Live/work residential units

CUP

Mixed-use residential/commercial

CUP

Mobilehome park

CUP

Community care residential facility

CUP

Community day care facility

CUP

Retail:

 

Department store, variety stores and specialized stores for apparel, items for personal use, household items, plants and flowers, supplies and small equipment for businesses, telephones, computers, antiques but no second-hand items

 

Recreational:

 

Billiards

 

Automobile parking lot or parking building (no long-term vehicle storage, no storage of inoperable vehicles)

 

Pharmacy

 

With drive-through

CUP

Animal services

 

Animal clipping and washing, grooming, veterinary office or clinic (no animal hospital or kennel)

CUP

Personal Services:

 

Barber shop, beauty shop, reducing salons, manicure parlor

 

Optical Services

 

Health Club

CUP

Clothing Services:

 

Laundry or dry cleaning, self-service laundry, tailor, shoe repair

 

Mechanical and Repair Services:

 

Locksmith, watch repair, small appliance repair, radio and television repair, computer repair, bicycle repair

 

Graphic Arts Services:

 

Copying, printing, blueprinting, photography (incidental photo-finishing and film developing permitted), picture framing

 

Offices:

 

Business, professional, financial, insurance, real estate, advertising, newspaper or publishing (no printing), ticket agency, travel agency, car rental, employment agency, collection agency, detective agency, security service, bail bondsman, medical/dental office or clinic

 

Bank:

 

With drive-through facility

CUP

Food Sales and Services:

 

Restaurant, coffee shop, snack shop (outdoor dining space may be provided within the limits of the restaurant frontage, and there is a clear path of travel (min. 7' wide) on the sidewalk without obstruction)

 

Food store – grocery, fish, meat, fruits and vegetables, retail bakery, pastry, candy, health food, take-out food

 

Food catering (only direct retail sales or retail distribution)

 

Dog and cat catering (retail only)

 

Commercial Uses Allowed within Mixed-Use Projects:

 

Retail, personal services, graphic arts, office, medical office, restaurant (no drive-through), bank (no drive-through), food store, bakery

 

Commercial Uses Allowed within Live/Work Units:

 

Professional office, i.e., attorney, realtor, accountant, insurance agent, architect, engineer, etc.

 

Artist or craftsperson

 

Consultant

 

Travel agency

 

Education:

 

Elementary or secondary school – public or private; professional school; business school; barber or beauty school; school of arts, crafts, dance, photography, writing, drama or music

 

Alcohol Beverage Sales and Services:

 

Alcohol beverage sales in conjunction with department store or supermarket

 

Alcoholic beverage sales in conjunction with a variety store, drug store, mini-market, food store or grocery store excluding supermarket, take-out food and liquor store (subject to requirements of CMC 9138.5)

CUP

Alcohol beverage sales and service in conjunction with a cocktail lounge, bar, indoor theater, night club and an eating establishment other than a bona fide restaurant (subject to the requirements of CMC 9138.5)

CUP

Alcohol beverage sales and service in conjunction with a bona fide restaurant

 

Public Assembly:

 

Existing churches, temples, or other places of worship with an approved Site Plan and Design Review pursuant to CMC 9172.23 as determined by the Planning Commission

DOR

Temporary Uses:

 

Fireworks stand (CMC 3101.0 – 3101.10)

CC

Office or other permitted commercial use in a trailer or other mobile unit. (Permitted for a period not exceeding six months during construction of a building on the same lot while a building permit is in effect. The Director may approve reasonable time extensions if he finds construction is proceeding in good faith.)

L

Storage of construction materials and equipment at a construction site without the screening which would be required for permanent outdoor storage (only during the period a building permit is in effect)

L

Sidewalk, Parking Lot and Tent Sales (See CMC 9138.8)

 

Christmas Tree Sales, Pumpkin Sales, Yard Sales (See CMC 4600 – 4606)

 

.

2. Prohibited Uses.

a. Any use not fully enclosed in a building.

b. Dismantling of vehicles or the storage of vehicles for parts.

c. Outside storage.

d. Arcade.

e. Massage parlor.

f. Drive-through restaurants.

g. Bowling alley as a primary use.

h. Driving skills course.

i. Indoor mini-mart or auction house.

j. Public assembly uses, including but not limited to churches, temples or other places of religious worship, not associated with recreational areas designated for exclusive use of permitted residential uses.

k. Sexually oriented business establishments.

l. Vehicle sales and service.

m. Payday loans (see CMC 9182.28).

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

3. Interpretation of Uses Permitted. Further definition and enumeration of uses permitted in the Mixed-Use – Carson Street District shall be determined by means of interpretation in accordance with CMC 9172.24.

D. Site Requirements. The site requirements listed under this Section are mandatory.

1. Minimum Lot Area.

a. The minimum lot size for a commercial-use-only building or buildings is twenty thousand (20,000) square feet.

b. The minimum lot size for a mixed-use building or buildings is twenty thousand (20,000) square feet.

c. The minimum lot size for development with a residential-only building or buildings is thirty thousand (30,000) square feet.

d. Any lawfully established lot (including a leased area of land during the term of the lease) is deemed to have the required lot size.

e. A lot may be reduced to less than the required lot area if such a reduction is the result of an acquisition for public purposes.

2. Street Frontage and Access.

a. The minimum building frontage shall be seventy (70) percent of the lot width unless modified by the Planning Commission pursuant to CMC 9172.23 (Site Plan and Design Review).

b. The building or structure frontage shall not exceed one hundred fifty (150) feet per segment unless modified by the Planning Commission pursuant to CMC 9172.23 (Site Plan and Design Review).

c. No lot shall be created unless it is capable of being provided with vehicular access directly from a public street or alley and has a street frontage of at least thirty (30) feet.

d. A new or additional use shall not be developed on an existing lawfully established lot (including a leased area of land during the term of the lease) unless there is vehicular access from a public street or alley, and such access has a width of at least twenty (20) feet. The required vehicular access shall be either directly from a public street or alley or by means of a right-of-way or easement.

3. Minimum Lot Width.

a. The minimum lot width for mixed-use residential or residential use is one hundred (100) feet.

b. The minimum lot width for a commercial use is fifty (50) feet.

4. Minimum Lot Depth.

a. The minimum lot depth shall be two hundred (200) feet.

b. Any lawfully established lot (including a leased area of land during the term of the lease) is deemed to have the required lot depth.

5. Building Setbacks.

a. Front Yard. The following are the required setbacks from the front property line:

1st floor – Commercial/live/work

10'

1st floor – Residential

10'

2nd floor – Commercial

10'

2nd floor – Residential

10'

3rd floor – Residential

10'

4th floor – Residential

10'

West Gateway subarea front yard setback

1st and 2nd floor – All development

15'

b. Side Yard. The following are the required setbacks from the side property lines:

 

Interior

Street Side

Subterranean garage

1''

1''

On-grade parking or partial subterranean garage

1'' or 3'

10'

1st floor – Commercial/live/work

1'', 3' or 10'

10'

1st floor – Residential

10'

10'

2nd floor – Residential

10'

10'

2nd floor – Commercial

1'', 3' or 10'

10'

3rd floor – Residential

10'

10'

4th floor – Residential

10'

10'

If the interior side lot line is adjacent to a residential use, then a ten (10) foot interior side yard is required.

c. Rear Yard. The following are the required setbacks from the rear property line:

Subterranean garage

1''

On grade parking or partial subterranean garage

1'' or 3'

1st floor – Commercial/live/work

10'

2nd floor – Commercial/live/work

10'

1st floor – Residential

15'

2nd floor – Residential

15'

3rd floor

30'

4th floor

30'

d. The front yard ten (10) foot setback shall be provided and treated as an extension of the public right-of-way in the Carson Street Corridor.

e. Projections are allowed ten (10) feet into the front yard setback for arcades subject to review by the Planning Manager.

f. Ground floor awnings and canopies may project five (5) feet into the front and street side yards.

g. Upper-level balconies may project five (5) feet into the front and street side yards.

6. Building Height.

a. No commercial building or structure shall exceed a height of thirty (30) feet.

b. No residential or mixed-use building or structure shall have more than three (3) stories, including a basement but excluding a cellar, nor shall it exceed a height of forty-five (45) feet, except for residential projects for affordable or senior households permitted in accordance with CMC 9126.91 or projects that have an exceptional design.

c. In cases in which CMC 9126.91 is applicable, no building or structure shall have more than four (4) stories, including a basement but excluding a cellar, nor shall the height exceed fifty-five (55) feet.

d. The minimum building height shall be eighteen (18) feet.

e. The Planning Commission may approve building-mounted architectural features that exceed the height requirements described above only if exceptional design is provided as determined by the Planning Commission. The applicant must demonstrate exceptional design based on the quality of materials, colors, texture, and presentation, and the location, orientation, and overall appearance of the architectural feature. The Planning Commission may approve an architectural feature that exceeds the maximum height as described above to a height not more than twenty-five (25) feet; provided, that the architectural feature does not occupy more than ten (10) percent of any vertical plane above the maximum height. The Planning Commission, at its discretion, may require conditions of approval or modifications to the architectural feature in order to achieve an exceptional design, or may deny the proposal if it is unacceptable.

7. Floor Area Ratio (FAR).

a. The maximum floor area ratio (FAR) residential or mixed-use shall be 1.5.

b. The minimum floor area ratio for ground floor commercial uses within a mixed-use development is 0.15.

c. The maximum floor area ratio for ground floor commercial uses within a mixed-use development is 0.7.

d. Subterranean garages are not included in the FAR calculation.

e. Partially subterranean garages are calculated at fifty (50) percent of the gross floor area.

8. Density.

a. A maximum density for residential use is thirty-five (35) dwelling units per acre.

b. If the residential units are affordable or for senior use per CMC 9126.91, the maximum density is fifty-five (55) dwelling units per acre.

c. The maximum number of dwelling units permitted on a lot or project area is the net lot area in acres multiplied by the density designation number, i.e., thirty-five (35) or fifty-five (55). Any fractional amount equal to or greater than one-half (1/2) shall permit an additional dwelling unit.

9. Recreational Open Space.

a. Recreational facilities shall be designed as that space suitably equipped and devoted to active or passive recreation for the exclusive use of the residents of a particular residential building or structure.

b. In each condominium or multiple-family dwelling project, there shall be usable open space of at least fifteen (15) percent of the gross floor devoted to residential use of which sixty (60) percent must be open to the sky.

10. Private Open Space.

a. In each condominium or multiple-family project, there shall be one hundred thirty (130) square feet of private open space for all zero (0) and one (1) bedroom units and one hundred fifty (150) square feet of private open space for each larger unit.

b. A reduction in the amount of private open space may be authorized subject to the review and approval of a development plan by the Planning Commission pursuant to CMC 9172.23 (Site Plan and Design Review).

11. Separation Between Buildings on Same Lot.

a. There shall be a minimum of six (6) foot separation between buildings or one (1) foot horizontal distance for each two (2) feet of building height on the lowest building.

b. Paseos between buildings shall be provided to facilitate pedestrian access between rear parking lots and Carson Street in the Downtown Retail District. Paseos shall be a minimum of fifteen (15) feet.

12. Parking.

a. Shared on-site parking is permitted with a conditional use permit.

b. Tandem parking may be used for the same residential unit. Tandem parking cannot exceed twenty-five (25) percent of the total parking count. No more than twenty-five (25) percent of the parking spaces could be tandem. Two parking spaces in tandem shall have a combined minimum dimension of nine (9) feet by thirty-six (36) feet.

c. Live/work units require one and one-half (1-1/2) spaces for units under two thousand five hundred (2,500) square feet. Larger units require one (1) space per unit plus the number of spaces required for commercial use per CMC 9162.21.

d. Residential use requires one (1) covered parking space for every studio and two (2) covered spaces for each unit with one (1) or more bedrooms. One (1) guest space for each four (4) units.

e. No more than one-third (1/3) of the required parking spaces shall be compact spaces.

f. Mixed-use developments require parking for the sum of all the uses.

g. Parking for residential use shall be secure and separate from off-street parking devoted for commercial uses.

h. Parking spaces for residential purposes either in a mixed-use development or exclusively residential development may be provided in a common covered garage above, below or at grade level subject to the review and approval of a development plan by the Planning Commission pursuant to CMC 9172.23 (Site Plan and Design Review).

i. Remote parking is permitted within four hundred (400) feet of use with a conditional use permit, if property owners involved in the joint use agree by covenant.

j. All commercial parking lots/structures shall provide a minimum of five (5) percent of total stalls for preferred parking for carpools/vanpools.

k. Bicycle parking shall be provided for at least five (5) percent of the total number of stalls in all parking areas.

l. Deviations from the parking requirements may be authorized subject to approval of a development plan by the Planning Commission pursuant to CMC 9172.23 (Site Plan and Design Review) if the project includes affordable housing opportunities as defined by this Chapter.

m. All other requirements of Part 6, Division 2 (Vehicle Parking, Loading and Maneuvering Areas) of this Chapter are applicable.

13. Lighting.

a. Pedestrian-scale lighting with a minimum one (1) foot candle is required in the public areas.

b. Storefront entries shall be illuminated.

c. Lighting shall be shielded to prevent glare on adjacent properties.

E. Landscaping.

a. All portions of setbacks not covered by permitted encroachments, pedestrian walkways, or driveways shall be landscaped.

b. Open parking areas located at or above grade shall be landscaped in accordance with CMC 9162.52 (Landscaping Requirements).

c. All landscaping shall be in compliance with the provisions of Part 6, Division 8 of this Chapter relating to water-efficient landscaping.

d. One specimen-size tree (thirty (30) inch box tree) shall be provided for each four (4) units. A reduction in the number of required specimen box trees may be authorized subject to the review and approval of a development plan by the Planning Commission pursuant to CMC 9172.23 (Site Plan and Design Review).

e. All other requirements of CMC 9162.52 (Landscaping Requirements) are applicable.

F. Signage. The purpose of this Section is to guide commercial development on Carson Street in the selection and placement of their signage. It is the intent to provide a reasonable number of signs, as well as size specifications, in order to provide aesthetic harmony in the District. It is further intended to limit the number and size of signs to that required for proper conduct of business, yet controlling and managing the design, aesthetics and placement of all signage. It is desired that artistic flexibility be allowed while maintaining continuity and appropriate scale to the District as a whole. The information contained in these development standards as adopted by the City of Carson establishes mandatory criteria to which each sign must conform. Any deviations from these standards may be considered by the Planning Commission pursuant to an approved sign program. Each business will be responsible for the construction, installation and maintenance of its signage, and must submit plans for design approval the City of Carson, pursuant to this Section. Submitted drawings must indicate location, materials, finishes, height, square footage and method of installation for all proposed signage.

1. Standards.

a. The combined sign area for all signs on a single-story building which abuts a public street shall not exceed two (2) square feet for each of the first twenty (20) feet of business storefront and one (1) square foot for each linear foot that exceeds the first twenty (20) feet.

b. Businesses that take their primary access from the public right-of-way shall have no more than two (2) signs: one (1) wall sign and one (1) awning window or pedestrian sign. Businesses located on a corner may have one (1) wall sign and window or pedestrian sign on each side.

c. Ground floor businesses that have an entrance on an alley or rear parking lot may have one (1) additional sign on the exterior wall that abuts the parking lot. Maximum sign area shall be calculated at subsection (F)(1)(a) of this Section. No more than two (2) rows of letters allowed.

d. Capital letters shall not exceed a height of eighteen (18) inches. Lower case letters shall not exceed a height of eighteen (18) inches. When using logos, logo size should not exceed twenty-four (24) inches. Two (2) rows of letters shall not exceed thirty-six (36) inches.

e. Major projecting signs shall be a minimum of eight (8) feet above adjacent grade and shall not project above the building parapet. Maximum sign projection beyond the building line should be thirty (30) inches at eight (8) feet above grade and a maximum of forty-eight (48) inches at fourteen (14) feet above grade. Projecting signs shall not exceed twenty-five (25) square feet and be no closer than fifteen (15) feet to another projecting sign, monument sign, or pylon sign.

f. Minor projecting signs shall not exceed four (4) square feet in size and shall not project more than thirty (30) inches from the wall on which they are attached.

g. Pedestrian signs shall not exceed four (4) square feet in size and shall not project more than thirty (30) inches from the wall on which they are attached. Internal illumination of pedestrian signs is prohibited.

h. Window signs shall be limited to permanent signs and shall not exceed fifteen (15) percent of the window area. Signage letters shall not exceed three (3) inches in height. Content of the sign is limited to the business name and address. No phone numbers are allowed.

i. Blade signs shall be mounted a minimum of eight (8) feet above grade and project no more than thirty (30) inches from the building line in the West Gateway District.

j. A one (1) foot by two (2) foot sign listing the business is permitted on live/work units. All other signage is not allowed, including signage on the inside of the units which may be viewed through the front windows.

k. Awning signs shall be kept to a minimum size and be limited to the valance of the awning. Area shall be calculated with total area.

l. Wall-mounted signage should be centered above storefront. Signage width should not exceed seventy-five (75) percent of leasehold frontage.

m. The sign area of a monument sign shall not exceed 1.5 square feet per each foot of street frontage. Sign placement shall not exceed a maximum of one (1) per every one hundred fifty (150) linear feet of street frontage. Signs shall be located at least seven and one-half (7-1/2) feet from interior lot lines. Monument signs shall be a maximum of eight (8) feet high, with a maximum eighteen (18) inch base and should not be a hazard to pedestrian or vehicular traffic. Sign content shall be limited to shopping center name and name of tenant (no more than two (2) rows of letters).

n. Pole or pylon signs are limited to sign per center subject to review by the Planning Manager. Pole or pylon signs are reserved for major tenants. Pole or pylon signs are limited to parcels two (2) acres and more. The maximum height is thirty (30) feet. The area shall not exceed one (1) square foot for each square foot of building frontage.

o. Pole, pylon or monument signs shall be located within a minimum two hundred (200) square foot landscaped planter area.

p. Any deviations from the standards may be considered by the Planning Commission pursuant to an approved sign program.

2. Prohibited Signs. The following signs are prohibited:

a. Internally illuminated sign cabinets with a rectangular form.

b. Use of human beings, live animals or animated figures.

c. Pennants, streamers, flashing blinking lights or moveable signs (electric or manual).

d. Sign promoting products sold at other locations.

e. Pole or pylon signs on sites less than two (2) acres.

f. Exposed raceway.

3. Temporary Signs.

a. Banners, permits and other similar temporary signage placed on the exterior of the building are generally prohibited, although they may be permitted at the opening of a new business, or for special events with prior approval of the Planning Division.

G. Walls.

1. Standards.

a. All perimeter walls shall be placed directly on the property line.

b. All perimeter walls are to be constructed out of masonry (stone, block, brick) with stucco finish.

c. All perimeter walls are to be articulated via pilasters, reveals, or other elements at a maximum of thirty (30) foot intervals.

H. Other.

1. Standards.

a. Trash and recycling areas shall be provided in accordance with Part 6, Division 4 (Trash and Recycling Areas) of this Chapter.

b. Nonresidential development shall comply with Part 6, Division 5 (Transportation Demand and Trip Reduction Measures) of this Chapter.

c. Exclusively residential development and the residential portion of mixed-use developments shall be in conformance with the requirements set forth in CMC 9128.11 (Intent and Purpose), 9128.13 (Application for Conditional Use Permit), 9128.17 (Declaration of Covenants – Conditions and Restrictions), 9128.51 (Multiple-Family Dwelling), 9128.53 (Application for Conditional Use Permit) and 9128.55 (Development Criteria).

d. Residential uses shall be permitted pursuant to the development standards established by CMC 9128.16 and 9128.54 except as modified in this Section.

I. Live/Work Criteria. The purpose of this Section is to provide standards for live/work units. Live/work units are intended to be occupied by business operators who live in the same structure that contains the commercial activity. The Planning Commission during the conditional use permit process may impose additional conditions as deemed necessary to protect public health, safety and welfare. The development standards for live/work units are mandatory.

1. Development Standards.

a. Each live/work unit shall front on a public or private street and the work area shall be located at street level.

b. Each unit shall have a pedestrian-oriented frontage.

c. The living space within the live/work unit shall be contiguous with and an integral part of the working space with direct access between the two (2) areas and not a separate stand-alone dwelling unit. The residential unit shall not have a separate street address from the business component.

d. The live/work unit shall be occupied and used only by a business operator and/or household of which at least one (1) member shall be the business operator.

e. The living space shall not be rented or sold separately from the working space.

f. One (1) employee, at a time, who does not reside in the unit may work in the unit, unless this employment is prohibited or limited by the conditional use permit.

g. Other than a sign as permitted by this Section, in no way shall the appearance of the structure be altered, or the conduct of the use within the structure be such that the structure may be recognized as serving a nonresidential use (either by color, materials, construction, lighting, odors, noises, vibrations, etc.).

h. The retail use shall be limited to the display and sale of works created in the unit.

i. A commercial business license shall be obtained.

j. A copy of the conditional use permit, showing the conditions of the use permit, shall be provided to all occupants of live/work units in the building prior to their execution of a lease or purchase agreement for such live/work unit.

k. Work space shall be limited to the first floor of the building. Living space shall be located in the rear ground level or upper floors so that it does not interrupt the appearance of the commercial frontage.

l. The designated work space cannot be used for residential living space other than a home office.

m. There shall be no storage of flammable liquids or hazardous materials beyond that normally associated with a residential use. Storage of flammable liquids and hazardous materials beyond that normally associated with a residential use, such as for an artist studio, shall be allowed only through an approved conditional use permit and approval from the Los Angeles County Fire Department and Building Official.

2. Performance Standards. These performance standards shall apply to all live/work units:

a. Noise. Noise resulting from conduct of the work within the unit shall be muffled so as not to become disruptive to surrounding neighborhoods due to volume, tone, intermittence, frequency or shrillness.

b. Odor. Every use shall be operated in such a manner that it does not emit an obnoxious odor or fumes beyond the working unit/area.

c. Smoke. Every use shall be operated in such a manner that it does not emit smoke into the atmosphere.

d. Dust and Dirt. Every use shall be operated in such a manner that it does not emit any dust or dirt into the atmosphere.

3. Findings. The following findings must be made when approving a conditional use permit for live/work units:

a. The proposed use at the location requested will not significantly cause an adverse effect to the health, safety or welfare of persons residing or working in the surrounding area; or

b. The proposed site is adequate in size and shape to accommodate the yards, open space, walls, fences, parking, landscaping and other development requirements as required to integrate the use with existing and planned uses in the surrounding area; and

c. The proposed site is adequately served by highways and streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate, and by other public and private service activities as required.

d. The living and working areas are not separately rented.

J. Design Guidelines and Sustainable Standards. The purpose of the guidelines is to establish the parameters of sustainable design and provide an opportunity to incorporate the principles of sustainable design into a concentrated area of development, where they can be implemented in a consistent and coordinated manner. The sustainable guidelines shall serve as best practices recommendations for all new development within the Carson Street Corridor. These guidelines are intended to promote a more sustainable built environment through specific design and construction techniques. Guidelines, unlike standards, are not mandatory.

All projects within the Mixed-Use – Carson Street Corridor District are recommended to incorporate the following guidelines and are subject to City review and approval.

1. Site Design/Development.

a. Create outdoor spaces to promote community, a sense of place, pedestrian-friendly environments, and reduced automobile usage.

b. Encourage rehabilitation of damaged sites due to environmental contamination.

c. Cluster buildings to promote higher-density communities and greater opportunities for energy-efficient designs.

d. Site buildings to take advantage of solar orientation, minimize energy use and to increase potential for alternative energy sources.

e. Increase porous paving to minimize stormwater/runoff impact on surrounding environment.

f. Minimize uplighting and reduce site lighting requirements to be one (1) foot candle per square foot to lower the amount of light that spills across the site.

g. There should be a minimum of curb cuts provided and no wider than is necessary to serve the project.

h. Enhanced paving should be provided at all driveways.

i. Built streetwall along Carson Street should be a minimum of fifty (50) percent of lot width in the West Gateway and Community Shopping Districts.

j. Provide pedestrian access connecting rear parking lots to street when possible.

k. Parking lots should be placed at the rear and sides of new retail development to establish a consistent building frontage line along Carson Street.

l. New points of ingress and egress to public or private parking lots should be from side streets whenever possible. Driveways onto Carson Street should be combined to serve two (2) or more properties whenever possible.

m. Provide continuous enhanced paving at pedestrian areas adjoining one (1) or more developments and all driveway areas.

n. Provide fountains and/or civic art, centrally located, in designated open space areas for visual attraction, screening of traffic noise and cooling effect.

o. All new developments over twenty thousand (20,000) square feet should incorporate a public arts component equal to at least one (1) percent of the total project costs.

p. Primary ground floor building entrances should front the public right-of-way. Secondary entrances are permitted when parking is located to the side or rear of the building. The main entrance should be clearly identified and directly accessible from the public right-of-way.

q. New points of access to parking lots for corner lots shall be on the side street.

r. Driveways onto Carson Street shall be combined to serve two (2) properties when possible.

2. Building Composition/Architecture.

a. Orient longer side of building on an east-west axis to maximize solar heat gain.

b. Shape buildings to maximize effects of local wind condition and circulate breezes.

c. Specify light colors or reflective colors and materials to minimize heat gain.

d. Specify windows and glazing systems with high R-values and e-coatings to minimize heat gain and loss.

e. Provide roof overhangs, awnings, canopies, porches, or blinds to prevent unwanted solar heat gain.

f. Provide natural lighting opportunities through the use of skylights, lightshelves, lightwells, clerestories, and windows.

g. Specify materials that are either made from recycled content or are reused from previous construction.

h. Specify materials that do not contain formaldehyde, organic solvents, VOCs and chlorofluorocarbons (CFCs).

i. Entries shall be enhanced through architectural treatment such as tiling, individual awnings, or placement of signs above the entryways.

j. Buildings fronting onto intersections should have architectural features to demarcate the corner.

k. Recess storefront bays on new buildings at least three (3) inches from the front plane of the building. Encourage retention of recessed storefront remodel.

l. Wall opening (windows and doors) shall occupy a minimum of seventy (70) percent of the ground floor street facade in commercial units. Opaque or dark tinted glass is strongly discouraged.

m. Doors and windows for retail shops shall contain seventy (70) percent clear glass (ninety (90) percent light transmission). Solid doors, or doors with opaque or dark tinted glass are strongly discouraged.

n. Each floor above the ground floor shall have a minimum of two (2) windows.

o. Storefront windows shall be a minimum of eighteen (18) inches and a maximum of thirty-six (36) inches from the sidewalk grade to accommodate a traditional bulkhead.

p. Upper-floor windows should have a greater height-to-width ratio.

q. Skylights, clerestories and transom windows should be incorporated into the building where possible to allow for maximum amount of daylight.

r. If awnings are used, each structural bay should have an individual awning. One unified awning spanning several bays shall be prohibited. Awning shape should relate to the shape of the window and door openings.

s. Awnings should be constructed of canvas with metal or wood frames.

t. Wall-mounted signage shall be centered above storefront.

u. Buildings should be designed with a variety of scales, creating a scale and level of detail that addresses the pedestrians at street level and the formal conditions of the upper floors.

v. New development should consider the roof lines of adjacent buildings to avoid clashes in scale, proportion, style and materials.

w. Roof pitches that create prominent or out-of-scale building elements, such a A-frame roofs, geodesic domes, or chalet-style buildings are strongly discouraged.

x. The use of exterior paint should be limited to four (4) different colors per building. Use of fluorescent colors are strongly discouraged.

y. Use of wood, metal, vinyl, and heavily textured stucco as primary exterior building materials is strongly discouraged. Wood and metal may be used for door frames, window frames and other accent uses. Permitted exterior materials for storefront bulkheads should be tile, brick or stucco.

z. Recess storefront bays on new buildings at least three (3) inches from the front plane of the building. Encourage retention of recessed storefront in storefront remodel.

aa. Entries should be enhanced through architectural treatment such as tiling, individual awnings, or placement of signs above the entryway.

bb. Facades should be varied via elements such as windows, fenestrations, cornices, etc., to create visual interest, variety and emphasis. Long repetitive expanses of wall surfaces should be avoided. Vertical and horizontal design elements should be incorporated to balance the facade composition.

cc. Each structural bay should have an individual awning when awnings are provided. One unified awning spanning several structural bays is discouraged. Awnings should relate to the shape of the window and door openings. Awnings should be constructed of canvas with metal or wood frames.

dd. Exterior security grills or permanently affixed security bars are strongly discouraged. Roll-down security grills that conceal storefront windows are strongly discouraged. Interior security grills must recess completely into pockets that conceal the grill when it is retracted. Roll-down security grills and housings must be completely concealed from the street by awnings or canopies. Security grills should not be visible during hours of operation.

3. Conservation.

a. Consider offsetting energy costs through alternative energy sources such as photovoltaics, wind power, water power, geothermal, bio-gas, or co-generation plants.

b. Specify lighting fixtures, plumbing fixtures, and appliances that minimize energy and water consumption (i.e., fluorescent lights, daylight sensors, low-flow toilet fixtures, automatic faucets, natural gas appliances.

c. Institute recycling programs for facilities and provide recycling locations within developments to collect materials.

4. Public Improvements.

a. Minimize amounts of impervious surfaces to reduce stormwater runoff and reduce heat islands through use of landscaping, permeable paving and high-albedo concrete.

b. Provide attractive waiting areas for mass transit use, preferred carpool/vanpool parking locations, bicycle storage areas, and shower/changing facilities for building users.

c. Provide site amenities (i.e., drinking fountains, benches, bike racks, etc.)

d. Provide pedestrian-scaled pole lighting with a minimum of one (1) foot candle in all public areas.

e. Transit shelters should be incorporated into the design of commercial and mixed-use projects. Designs can be physically integrated into the development or coordinated aesthetically with the proposed development.

5. Landscape.

a. Protect the native topsoil during construction so it can support the future landscape, reduce stormwater runoff, reduce fertilizer and pesticide use, and conserve irrigation water.

b. Minimize disruption of existing plants, especially trees. Existing mature trees and shrubs should be incorporated into the site plan when possible.

c. Landscape to reduce energy use by shading buildings and parking lots during hot summer months and to allow for heat gain in the winter, as well as enhancing natural ventilation by directing breezes and blocking wind.

d. Design landscape to allow irrigation and stormwater to soak into the soil recharging groundwater systems and filter out pollutants. Reduce runoff, erosion and pesticide use during construction and operation to protect water quality.

e. Minimize waste by reducing the need to prune by selecting appropriate plants and using plant trimmings as mulch and compost.

f. Use salvaged and recycled content materials in the landscape.

g. Accent planting should be used at all driveways and pedestrian entries to the property marking appropriate entryways. Accent planting should consist of low ground cover and flowering plants.

6. Signs.

a. Signs may use any of the building colors plus three (3) additional colors. Signs must use at least one (1) building color.

b. It is recommended that signs have internally illuminated letters on a raceway (channel letters), neon letters, and externally illuminated letters mounted to facade or canopy, internally and externally illuminated projecting signs, sign cabinets with distinctive curvilinear form.

c. Internally illuminated sign cabinets with a rectangular form are strongly discouraged. (Ord. 06-1363, § 9; Ord. 08-1403, § 1; Ord. 09-1419, § 4; Ord. 09-1420, § 2)

§ 9138.18    Mixed-Use – Sepulveda Boulevard (MU-SB).

A. Description of Boundaries. The City of Carson Mixed-Use – Sepulveda Boulevard Corridor (MU-SB) is located on the south side of Sepulveda Boulevard, two hundred forty (240) feet east of Marbella Avenue to four hundred (400) feet west of Avalon Boulevard.

B. Purpose and Intent. The purpose of the MU-SB Zone is to create a retail, office and residential district along the south side of Sepulveda Boulevard. The use of the regulations and development standards contained herein is intended to fulfill the following objectives:

1. Create a mix of high density residential and commercial use on the south side of Sepulveda Boulevard.

2. Create a buffer between the major street and the residential uses to the south.

C. Permitted Land Uses. All uses within the Mixed-Use – Sepulveda Boulevard District are subject to site plan and design review per CMC 9172.23.

1. Permitted and Conditional Uses.

Residential Uses:

 

Multiple-family dwellings

CUP

Residential condominiums

CUP

Live/work residential units

CUP

Mixed-use residential/commercial

CUP

Community care residential facility

CUP

Community day care facility

CUP

Retail:

 

Department store, variety stores and specialized stores for apparel, items for personal use, household items, plants and flowers, supplies and small equipment for businesses, telephones, computers, antiques, but no second-hand items

 

Automobile parking lot or parking building (no long-term vehicle storage, no storage of inoperable vehicles)

 

Pharmacy:

 

No drive-through

 

Animal Services:

 

Animal clipping and washing, grooming, veterinary office or clinic (no animal hospital or kennel)

CUP

Personal Services:

 

Barber shop, beauty shop, reducing salons, manicure parlor

 

Optical Services

 

Clothing Services:

 

Laundry or dry cleaning, self-service laundry, tailor, shoe repair

 

Mechanical and Repair Services:

 

Locksmith, watch repair, small appliance repair, radio and television repair, computer repair, bicycle repair

 

Graphic Arts Services:

 

Copying, printing, blueprinting, photography (incidental photofinishing and film developing permitted), picture framing

 

Offices:

 

Business, professional, financial, insurance, real estate, advertising, newspaper or publishing (no printing), ticket agency, travel agency, car rental, employment agency, collection agency, detective agency, security service, bail bondsman, medical/dental office or clinic

 

Bank:

 

No drive-through facility

 

Food Sales and Services:

 

Restaurant, coffee shop, snack shop

 

Food store – grocery, fish, meat, fruits and vegetables, retail bakery, pastry, candy, health food, take-out food

 

Food catering (only direct retail sales or retail distribution)

 

Dog and cat catering (retail only)

 

Commercial Uses Allowed within Mixed-Use Projects:

Retail, personal services, graphic arts, office, medical office, restaurant (no drive-though), bank (no drive-through), food store, bakery

 

Commercial Uses Allowed within Live/Work Units:

 

Professional office, i.e., attorney, realtor, accountant, insurance agent, architect, engineer, etc.

 

Artist or craftsperson

 

Consultant

 

Travel agency

 

Education:

 

School of arts, crafts, dance, photography, writing, drama or music

 

Alcohol Beverage Sales and Services:

 

Alcohol beverage sales in conjunction with department store or supermarket

 

Alcoholic beverage sales in conjunction with a variety store, drug store, mini-market, food store or grocery store excluding supermarket, take-out food and liquor store (subject to requirements of CMC 9138.5)

CUP

Alcohol beverage sales and service in conjunction with a bona fide restaurant

 

Alcohol beverage sales and service in conjunction with Class I entertainment per CMC 63125 (See CMC 9131.18(C)(2))

CUP

Temporary Uses:

 

Fireworks stand CMC 3101.0 – 3101.10

CC

Office or other permitted commercial use in a trailer or other mobile unit. (Permitted for a period not exceeding six months during construction of a building on the same lot while a building permit is in effect. The Director may approve reasonable time extensions if he finds construction is proceeding in good faith.)

L

Storage of construction materials and equipment at a construction site without the screening which would be required for permanent outdoor storage (only during the period a building permit is in effect)

L

Subdivision directional signs

LD

Sidewalk, parking lot and tent sales (See CMC 9138.8)

D

Christmas tree sales, pumpkin sales

D

Yard sales (See CMC 4600 – 4606)

L

2. Prohibited Uses.

a. Any use not fully enclosed in a building.

b. Dismantling of vehicles or the storage of vehicles for parts.

c. Outside storage.

d. Arcade.

e. Massage parlor.

f. Tattoo parlor.

g. Drive-through restaurants and drive-through pharmacies.

h. Bowling alley, as a primary use.

i. Driving skills course.

j. Indoor mini-mart or auction house.

k. Night clubs.

l. Public assembly uses, including but not limited to churches, temples or other places of religious worship, not associated with recreational areas designated for exclusive use of permitted residential uses.

m. Sexually oriented business establishments.

n. Vehicle sales and service.

o. Payday loans.

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

3. Interpretation of Uses Permitted. Further definition and enumeration of uses permitted in the Mixed-Use – Sepulveda Boulevard District shall be determined by means of interpretation in accordance with CMC 9172.24.

D. Site Requirements. The site requirements listed under this Section are mandatory.

1. Minimum Lot Area.

a. The minimum lot size for a commercial use-only building or buildings is ten thousand (10,000) square feet.

b. The minimum lot size for a mixed use building or buildings is fifteen thousand (15,000) square feet.

c. The minimum lot size for development with a residential-only building or buildings is ten thousand (10,000) square feet.

d. Any lawfully established lot (including a leased area of land during the term of the lease) is deemed to have the required lot size.

e. A lot may be reduced to less than the required lot area if such a reduction is the result of an acquisition for public purposes.

2. Street Frontage and Access.

a. The minimum building frontage shall be seventy (70) percent of the lot width unless modified by the Planning Commission pursuant to CMC 9172.23 (Site Plan and Design Review).

b. The building or structure frontage shall not exceed one hundred fifty (150) feet per segment unless modified by the Planning Commission pursuant to CMC 9172.23 (Site Plan and Design Review).

c. No lot shall be created unless it is capable of being provided with vehicular access directly from a public street or alley and has a street frontage of at least thirty (30) feet.

d. A new or additional use shall not be developed on an existing lawfully established lot (including a leased area of land during the term of the lease) unless there is vehicular access from a public street or alley, and such access has a width of at least twenty (20) feet. The required vehicular access shall be either directly from a public street or alley or by means of a right-of-way or easement.

3. Minimum Lot Width.

a. The minimum lot width for mixed-use residential or residential use is one hundred (100) feet.

b. The minimum lot width for a commercial use is fifty (50) feet.

4. Minimum Lot Depth.

a. The minimum lot depth shall be one hundred (100) feet.

b. Any lawfully established lot (including a leased area of land during the term of the lease) is deemed to have the required lot depth.

5. Building Setbacks.

a. Front Yard. The following are the required setbacks from the front property line:

Commercial/live/work

5'

Residential

5'

Commercial

5'

3rd floor – Residential

10'

b. Side Yard. The following are the required setbacks from the side property lines:

 

Interior

Street Side

Subterranean garage

1''

1''

On grade parking or partial subterranean garage

1'' or 3'

5'

1st floor – Commercial/live/work

1'', 3' or 5'

5'

1st floor – Residential

5'

5'

2nd floor – Residential

5'

5'

2nd floor – Commercial

1'', 3' or 5'

5'

3rd floor – Residential

5'

5'

If the interior side lot line for a commercial use is adjacent to residential use, then a ten (10) foot interior side yard is required.

c. Rear Yard. The following are the required setbacks from the rear property line:

Subterranean garage

1''

On grade parking or partial subterranean garage

1'' or 3'

1st floor – Commercial/live/work

5'

2nd floor – Commercial/live/work

5'

1st floor – Residential

5'

2nd floor – Residential

5'

3rd floor

10'

d. Ground floor awnings and canopies may project five (5) feet into the front and street side yards.

e. Upper level balconies may project five (5) feet into the front and street side yards.

6. Building Height.

a. No commercial building or structure shall exceed a height of thirty (30) feet.

b. No residential or mixed-use building or structure shall have more than three (3) stories including a basement but excluding a cellar, nor shall it exceed a height of forty-five (45) feet.

7. Floor Area Ratio (FAR).

a. The maximum floor area ratio (FAR) residential or mixed-use shall be 1.5.

b. The minimum floor area ratio for ground floor commercial uses within a mixed-use development is 0.15.

c. The maximum floor area ratio for ground floor commercial uses within a mixed-use development is 0.7.

d. Subterranean garages are not included in the FAR calculation.

e. Partially subterranean garages are calculated at fifty (50) percent of the gross floor area.

8. Density.

a. A maximum density for residential use is twenty-five (25) dwelling units per acre.

b. If the residential units are affordable or for senior use per CMC 9126.91, the maximum density is thirty-three (33) dwelling units per acre.

c. The maximum number of dwelling units permitted on a lot or project area is the net lot area in acres multiplied by the density designation number; i.e., twenty-five (25) or thirty-three (33). Any fractional amount equal to or greater than one-half (1/2) shall permit an additional dwelling unit.

9. Recreational Open Space.

a. Recreational facilities shall be designated as that space suitably equipped and devoted to active or passive recreation for the exclusive use of the residents of a particular residential building or structure.

b. In each condominium or multiple-family dwelling project, there shall be usable open space of at least fifteen (15) percent of the gross floor devoted to residential use, of which sixty (60) percent must be open to the sky.

10. Private Open Space.

a. In each condominium or multiple-family project, there shall be one hundred thirty (130) square feet of private open space for all zero (0) and one (1) bedroom units and one hundred fifty (150) square feet of private open space for each larger unit.

b. A reduction in the amount of private open space may be authorized subject to the review and approval of a development plan by the Planning Commission, pursuant to CMC 9172.23 (Site Plan and Design Review).

11. Separation Between Buildings on Same Lot.

a. There shall be a minimum six (6) foot separation between buildings or one (1) foot horizontal distance for each two (2) feet of building height on the lowest building.

12. Parking.

a. Shared on-site parking is permitted with a conditional use permit.

b. Tandem parking may be used for the same residential unit. Tandem parking cannot exceed twenty-five (25) percent of the total parking count. Two (2) parking spaces in tandem shall have a combined minimum dimension of nine (9) feet by thirty-six (36) feet.

c. Live/work units require one and one-half (1-1/2) spaces for units under two thousand five hundred (2,500) square feet. Larger units require one (1) space per unit plus the number of spaces required for commercial use per CMC 9162.21.

d. Residential use requires one (1) covered parking space for every studio, two (2) covered spaces for each unit with one (1) or more bedrooms. One guest space for each four (4) units.

e. No more than one-third (1/3) of the required parking spaces shall be compact spaces.

f. Mixed-use developments require parking for the sum of all the uses.

g. Parking for residential use shall be secure and separate from off-street parking devoted for commercial uses.

h. Parking spaces for residential purposes either in a mixed-use development or exclusively residential development may be provided in a common covered garage above, below or at grade level subject to the review and approval of a development plan by the Planning Commission pursuant to CMC 9172.23 (Site Plan and Design Review).

i. Off-site parking is permitted within four hundred (400) feet of use with a conditional use permit, if property owners involved in the joint use agree by covenant.

j. All commercial parking lots/structures shall provide a minimum of five (5) percent of total stalls for preferred parking for carpools/vanpools.

k. All commercial development shall provide bicycle parking for at least five (5) percent of the total number of parking stalls in all parking areas.

l. Deviations from the parking requirements may be authorized subject to approval of a development plan by the Planning Commission pursuant to CMC 9172.23 (Site Plan and Design Review) if the project includes affordable housing opportunities as defined by this Chapter.

m. All other requirements of Part 6, Division 2 (Vehicle Parking, Loading and Maneuvering Areas) of this Chapter are applicable.

13. Lighting.

a. Pedestrian-scale lighting with a minimum one (1) foot-candle is required in the public areas.

b. Storefront entries shall be illuminated.

c. Lighting shall be shielded to prevent glare on adjacent properties.

E. Landscaping.

a. All portions of setbacks not covered by permitted encroachments, pedestrian walkways, or driveways shall be landscaped.

b. Open parking areas located at or above grade shall be landscaped in accordance with CMC 9162.52 (Landscaping Requirements).

c. All landscaping shall be in compliance with the provisions of Division 8, Part 6 of this Chapter relating to water-efficient landscaping.

d. One specimen-size tree (thirty (30) inch box tree) shall be provided for each four (4) units. A reduction in the number of required specimen box trees may be authorized subject to the review and approval of a development plan by the Planning Commission pursuant to CMC 9172.23 (Site Plan and Design Review).

e. All other requirements of CMC 9162.52 (Landscaping Requirements) are applicable.

F. Signage. The purpose of this Subsection is to guide commercial development on Sepulveda Boulevard in the selection and placement of their signage. It is the intent to provide a reasonable number of signs, as well as size specifications, in order to provide aesthetic harmony in the District. It is further intended to limit the number and size of signs to that required for proper conduct of business, yet controlling and managing the design, aesthetics and placement of all signage. It is desired that artistic flexibility be allowed while maintaining continuity and appropriate scale to the District as a whole. The information contained in these development standards as adopted by the City of Carson establishes mandatory criteria to which each sign must conform. Any deviations from these standards may be considered by the Planning Commission pursuant to an approved sign program. Each business will be responsible for the construction, installation and maintenance of its signage, and must submit plans for design approval to the City of Carson, pursuant to this Section. Submitted drawings must indicate location, materials, finishes, height, square footage and method of installation for all proposed signage.

1. Standards.

a. The combined sign area for all signs on a single-story building which abuts a public street shall not exceed two (2) square feet for each of the first twenty (20) feet of business storefront and one (1) square foot for each linear foot that exceeds the first twenty (20) feet.

b. Businesses that take their primary access from the public right-of-way shall have no more than two (2) signs: one (1) wall sign and one (1) awning window or pedestrian sign. Businesses located on a corner may have one (1) wall sign and window or pedestrian sign on each side.

c. Ground floor businesses that have an entrance on an alley or rear parking lot may have one (1) additional sign on the exterior wall that abuts the parking lot. Maximum sign area shall be calculated at subsection (F)(1)(a) of this Section. No more than two (2) rows of letters allowed.

d. Capital letters shall not exceed a height of eighteen (18) inches. Lower case letters shall not exceed a height of eighteen (18) inches. When using logos, logo size should not exceed twenty-four (24) inches. Two (2) rows of letters shall not exceed thirty-six (36) inches.

e. Major projecting signs shall be a minimum of eight (8) feet above adjacent grade and shall not project above the building parapet. Maximum sign projection beyond the building line should be thirty (30) inches at eight (8) feet above grade and a maximum of forty-eight (48) inches at fourteen (14) feet above grade. Projecting signs shall not exceed twenty-five (25) square feet and be no closer than fifteen (15) feet to another projecting sign, monument sign, or pylon sign.

f. Minor projecting signs shall not exceed four (4) square feet in size and shall not project more than thirty (30) inches from the wall on which they are attached.

g. Pedestrian signs shall not exceed four (4) square feet in size and shall not project more than thirty (30) inches from the wall on which they are attached. Internal illumination of pedestrian signs is prohibited.

h. Window signs shall be limited to permanent signs and shall not exceed fifteen (15) percent of the window area. Signage letters shall not exceed three (3) inches in height. Content of the sign is limited to the business name and address. No phone numbers are allowed.

i. Blade signs shall be mounted a minimum of eight (8) feet above grade and project no more than thirty (30) inches.

j. A one (1) foot by two (2) foot sign listing the business is permitted on live/work units. All other signage is not allowed, including signage on the inside of the units which may be viewed through the front windows.

k. Awning signs shall be kept to a minimum size and be limited to the valence of the awning. Area of awning sign shall be calculated with total sign area.

l. Wall-mounted signage should be centered above storefront. Signage width should not exceed seventy-five (75) percent of leasehold frontage.

m. The sign area of a monument sign shall not exceed one and one-half (1.5) square feet per each foot of street frontage. Sign placement shall not exceed a maximum of one (1) per every one hundred fifty (150) linear feet of street frontage. Signs shall be located at least seven and one-half (7-1/2) feet from interior lot lines. Monument signs shall be a maximum of eight (8) feet high, with a maximum eighteen (18) inch base, and should not be a hazard to pedestrian or vehicular traffic. Sign content shall be limited to shopping center name and name of tenant (no more than two (2) rows of letters).

n. Any deviations from the standards may be considered by the Planning Commission pursuant to an approved sign program.

2. Prohibited Signs. The following signs are prohibited:

a. Internally illuminated sign cabinets with a rectangular form.

b. Use of human beings, live animals, animated figures.

c. Pennants, streamers, flashing blinking lights or moveable signs (electric or manual).

d. Sign promoting products sold at other locations.

e. Pole of pylon signs.

f. Exposed raceway.

3. Temporary Signs.

a. Banners, permits and other similar temporary signage placed on the exterior of the building are generally prohibited, although they may be permitted at the opening of a new business, or for special events with prior approval of the Planning Division.

G. Walls.

1. Standards.

a. All perimeter walls shall be placed directly on the property line.

b. All perimeter walls are to be constructed out of masonry (stone, block, brick) with stucco finish.

c. All perimeter walls are to be articulated via pilasters, reveals, or other elements at a maximum of thirty (30) foot intervals.

H. Other.

1. Standards.

a. Trash and recycling areas shall be provided in accordance with Part 6, Division 4 (Trash and Recycling Areas) of this Chapter.

b. Nonresidential development shall comply with Part 6, Division 5 (Transportation Demand and Trip Reduction Measures) of this Chapter.

c. Exclusively residential development and the residential portion of mixed-use developments shall be in conformance with the requirements set forth in CMC 9128.11 (Intent and Purpose), 9128.13 (Application for a Conditional Use Permit), 9128.17 (Declaration of Covenants – Conditions and Restrictions), 9128.51 (Multiple-Family Dwelling), 9128.53 (Application for Conditional Use Permit) and 9128.55 (Development Criteria).

d. Residential uses shall be permitted pursuant to the development standards established by CMC 9128.15 and 9128.54 except as modified in this Section.

I. Live/Work Criteria. The purpose of this Subsection is to provide standards for live/work units. Live/work units are intended to be occupied by business operators who live in the same structure that contains the commercial activity. The Planning Commission during the conditional use permit process may impose additional conditions as deemed necessary to protect public health, safety and welfare. The development standards for live/work units are mandatory.

1. Development Standards.

a. Each live/work unit shall front on a public or private street and the work area shall be located at street level.

b. Each unit shall have a pedestrian-oriented frontage.

c. The living space within the live/work unit shall be contiguous with, and an integral part of, the working space, with direct access between the two (2) areas and not a separate stand-alone dwelling unit. The residential unit shall not have a separate street address from the business component.

d. The live/work unit shall be occupied and used only by a business operator and/or household of which at least one (1) member shall be the business operator.

e. The living space shall not be rented or sold separately from the working space.

f. One (1) employee, at any time, who does not reside in the unit may work in the unit, unless this employment is prohibited or limited by the conditional use permit.

g. Other than a sign as permitted by this Section, in no way shall the appearance of the structure be altered, or the conduct of the use within the structure be such that the structure may be recognized as serving a nonresidential use (either by color, materials, construction, lighting, odors, noises, vibrations, etc.).

h. The retail use shall be limited to the display and sale of works created in the unit.

i. A commercial business license shall be obtained.

j. A copy of the conditional use permit, showing the conditions of the use permit, shall be provided to all occupants of live/work units in the building prior to their execution of a lease or purchase agreement for such live/work unit.

k. Work space shall be limited to the first floor of the building. Living space shall be located in the rear ground level or upper floors so that it does not interrupt the appearance of the commercial frontage.

l. The designated work space cannot be used for residential living space other than a home office.

m. There shall be no storage of flammable liquids or hazardous materials beyond that normally associated with a residential use. Storage of flammable liquids and hazardous materials beyond that normally associated with a residential use, such as for an artist studio, shall be allowed only through an approved conditional use permit and approval from the Los Angeles County Fire Department and Building Official.

2. Performance Standards. These performance standards shall apply to all live/work units.

a. Noise. Noise resulting from conduct of the work within the unit shall be muffled so as not to become disruptive to surrounding neighborhoods due to volume, tone, intermittence, frequency or shrillness.

b. Odor. Every use shall be operated in such a manner that it does not emit an obnoxious odor or fumes beyond the working unit/area.

c. Smoke. Every use shall be operated in such a manner that it does not emit smoke into the atmosphere.

d. Dust and Dirt. Every use shall be operated in such a manner that it does not emit any dust or dirt into the atmosphere.

3. The following findings must be made when approving a conditional use permit for live/work units.

a. The proposed use at the location requested will not significantly cause an adverse effect to the health, safety or welfare of persons residing or working in the surrounding area; or

b. The proposed site is adequate in size and shape to accommodate the yards, open space, walls, fences, parking, landscaping and other development requirements as required to integrate the use with existing and planned uses in the surrounding area; and

c. The proposed site is adequately served by highways and streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate, and by other public and private service facilities as required.

d. The living and working areas are not separately rented.

J. Design Guidelines and Sustainable Standards. The purpose of the guidelines is to establish the parameters of sustainable design, provide an opportunity to incorporate the principles of sustainable design into a concentrated area of development, where they can be implemented in a consistent and coordinated manner. The sustainable guidelines shall serve as best practices recommendations for all new development within the Sepulveda Boulevard Corridor. These guidelines are intended to promote a more sustainable built environment through specific design and construction techniques. Guidelines, unlike standards, are not mandatory.

All projects within the Mixed-Use – Sepulveda Boulevard District are recommended to incorporate the following guidelines and are subject to City review and approval.

1. Site Design/Development.

a. Encourage rehabilitation of damaged sites due to environmental contamination.

b. Cluster buildings to promote higher density communities and greater opportunities for energy-efficient designs.

c. Site buildings to take advantage of solar orientation, minimize energy use and to increase potential for alternative energy sources.

d. Increase porous paving to minimize stormwater/runoff impact on surrounding environment.

e. Minimize uplighting and reduce site lighting requirements to be one (1) foot-candle per square foot to lower the amount of light that spills across the site.

f. There should be a minimum number of curb cuts provided which are no wider than necessary to serve the project.

g. Enhanced paving should be provided at all driveways.

h. Vehicular access should be from the alley whenever feasible.

i. Provide pedestrian access connecting rear parking lots to street when possible.

j. Parking lots should be placed at the rear and sides of new retail development to establish a consistent building frontage line along Sepulveda Boulevard.

k. New points of ingress and egress to public or private parking lots should be from side streets or alleys whenever possible. Driveways onto Sepulveda Boulevard should be combined to serve two (2) or more properties whenever possible.

l. Provide continuous enhanced paving at pedestrian areas adjoining one (1) or more developments and all driveway areas.

m. All new developments over twenty thousand (20,000) square feet should incorporate a public arts component equal to at least one (1) percent of the total project costs.

n. Primary ground floor building entrances should front the public right-of-way. Secondary entrances are permitted when parking is located to the side or rear of building. The main entrance should be clearly identified and directly accessible from the public right-of-way.

2. Building Composition/Architecture.

a. Orient longer side of building on an east-west axis to maximize solar heat gain.

b. Shape buildings to maximize effects of local wind condition and circulate breezes.

c. Specify light colored or reflective colors and materials to minimize heat gain.

d. Specify windows and glazing systems with high R-values and e-coatings to minimize heat gain and loss.

e. Provide roof overhangs, awnings, canopies, porches, or blinds to prevent unwanted solar heat gain.

f. Provide natural lighting opportunities through the use of skylights, lightshelves, lightwells, clerestories, and windows.

g. Specify materials that are either made from recycled content or are reused from previous construction.

h. Specify materials that do not contain formaldehyde, organic solvents, VOCs and chlorofluorocarbons (CFCs).

i. Entries shall be enhanced through architectural treatment such as tiling, individual awnings, or placement of signs above the entryways.

j. Recess storefront bays on new buildings at least three (3) inches from the front plane of the building. Encourage retention of recessed storefront remodel.

k. Wall openings (windows and doors) shall occupy a minimum of seventy (70) percent of the ground floor street facade in commercial units. Opaque or dark-tinted glass is strongly discouraged.

l. Doors and windows for retail shops shall contain seventy (70) percent clear glass (ninety (90) percent light transmission). Solid doors, or doors with opaque or dark-tinted glass, are strongly discouraged.

m. Each floor above the ground floor shall have a minimum of two (2) windows.

n. Storefront windows shall be a minimum of eighteen (18) inches and a maximum of thirty-six (36) inches from the sidewalk grade to accommodate a traditional bulkhead.

o. Upper-floor windows should have a greater height-to-width ratio.

p. Skylights, clerestories and transom windows should be incorporated into the building where possible to allow for maximum amount of daylight.

q. If awnings are used, each structural bay should have an individual awning. One (1) unified awning spanning several bays shall be prohibited. Awning shape should relate to the shape of the window and door openings.

r. Awnings should be constructed of canvas with metal or wood frames.

s. Wall-mounted signage shall be centered above storefront.

t. Buildings should be designed with a variety of scales, creating a scale and level of detail that addresses the pedestrians at street level and the formal conditions of the upper floors.

u. New development should consider the roof lines of adjacent buildings to avoid clashes in scale, proportion, style and materials.

v. Roof pitches that create prominent or out-of-scale building elements, such as A-frame roofs, geodesic domes, or chalet-style buildings, are strongly discouraged.

w. The use of exterior paint should be limited to four (4) different colors per building. Use of fluorescent colors is strongly discouraged.

x. Use of wood, metal, vinyl, and heavily textured stucco as primary exterior building materials is strongly discouraged. Wood and metal may be used for door frames, window frames and other accent uses. Permitted exterior materials for storefront bulkheads should be tile, brick or stucco.

y. Facades should be varied via elements such as windows, fenestrations, cornices, etc., to create visual interest, variety and emphasis. Long, repetitive expanses of wall surfaces should be avoided. Vertical and horizontal design elements should be incorporated to balance the facade composition.

z. Exterior security grills or permanently affixed security bars are strongly discouraged. Roll-down security grills that conceal storefront windows are strongly discouraged. Interior security grills must recess completely into pockets that conceal the grill when it is retracted. Roll-down security grills and housings must be completely concealed from the street by awnings or canopies. Security grills should not be visible during hours of operation.

3. Conservation.

a. Consider offsetting energy costs through alternative energy sources such as photovoltaics, wind power, water power, geothermal, bio-gas, or co-generation plants.

b. Specify lighting fixtures, plumbing fixtures, and appliances that minimize energy and water consumption (i.e., fluorescent lights, daylight sensors, low-flow toilet fixtures, automatic faucets, natural gas appliances).

c. Institute recycling programs for facilities and provide recycling locations within developments to collect materials.

4. Public Improvements.

a. Minimize amounts of impervious surfaces to reduce stormwater runoff and reduce heat islands through use of landscaping, permeable paving and high-albedo concrete.

b. Provide pedestrian-scaled pole lighting with a minimum of one (1) foot-candle in all public areas.

5. Landscape.

a. Protect the native topsoil during construction, so it can support the future landscape, reduce stormwater runoff, reduce fertilizer and pesticide use, and conserve irrigation water.

b. Minimize disruption of existing plants, especially trees. Existing mature trees and shrubs should be incorporated into the site plan when possible.

c. Landscape to reduce energy use by shading buildings and parking lots during hot summer months and to allow for heat gain in the winter, as well as enhancing natural ventilation by directing breezes and blocking wind.

d. Design landscape to allow irrigation and stormwater to soak into the soil recharging groundwater systems and filter out pollutants. Reduce runoff, erosion and pesticide use during construction and operation to protect water quality.

e. Minimize waste by reducing the need to prune by selecting appropriate plants and using plant trimmings as mulch and compost.

f. Use salvaged and recycled content materials in the landscape.

g. Accent planting should be used at all driveways and pedestrian entries to the property, marking appropriate entryways. Accent planting should consist of low ground cover and flowering plants.

6. Signs.

a. Signs may use any of the building colors plus three (3) additional colors. Signs must use at least one (1) building color.

b. It is recommended that signs have internally illuminated letters on a raceway (channel letters), neon letters, and externally illuminated letters mounted to facade or canopy, internally and externally illuminated projecting signs, sign cabinets with distinctive curvilinear form.

c. Internally illuminated sign cabinets with a rectangular form are strongly discouraged. (Ord. 07-1392, § 9; Ord. 09-1419, § 5)

§ 9138.72    Sex Offender Residency Restrictions.

Permanent and temporary residence for a sex offender is permitted as an accessory use to a mobilehome or dwelling subject to the provisions of Chapter 15 of Article IV and CMC 9182.31. (Ord. 08-1413U, § 3; Ord. 08-1414U, § 3; Ord. 08-1413, § 3)

§ 9138.8    Sidewalk, Parking Lot and Tent Sales.

In connection with temporary sidewalk, parking lot, and tent sales, the following requirements shall be met:

A. Only nonprofit organizations and merchants with a permanent location may conduct such sales.

B. The applicant shall obtain written approval to conduct such sales from the property owner.

C. The event shall be conducted outside an enclosed building and shall not encroach upon public rights-of-way.

D. The applicant shall submit adequate plot plans depicting pedestrian and vehicular circulation, parking and fire lanes acceptable to the Planning Division.

E. In the case of a tent sale, County Fire Department approval must accompany the application.

F. Such sales shall be subject to prior approval of the Director.

G. Tent events for a period not to exceed three and one-half (3.5) months that are hosted by department stores or regional shopping centers with a gross floor area of at least one hundred thousand (100,000) square feet located in the CR Zoning District and in a Mixed-Use Residential (MUR) Overlay District may be approved by the Planning Manager; provided, that the event meets all the requirements for location, parking, and access. (Ord. 88-857, § 4; Ord. 89-888, § 1; Ord. 09-1421, § 1)

§ 9138.91    Massage Service.

A. Purpose and Intent.

1. The permit requirements and restrictions imposed by this Code are reasonably necessary to protect the health, safety, and welfare of the citizens of the City of Carson.

2. The City of Carson is authorized, by virtue of the State Constitution, Sections 51030 et seq. of the Government Code, and Section 13 of the Chiropractic Act to regulate massage establishments by imposing, reasonable standards relative to the skill and experience of massage operators and massage technicians and reasonable conditions on the operation of massage establishments.

3. There is a significant risk of injury to massage clients by improperly trained and/or educated massage technicians, and this Code provides reasonable safeguards against injury and economic loss.

4. There is opportunity for acts of prostitution, lewdness, and other unlawful sexual activity to occur in massage establishments. Courts have long recognized massage as a pervasively regulated activity and that massage establishments are often brothels in disguise. The establishment of reasonable standards for issuance of permits and restrictions or operations would serve to reduce the risk of illegal activity and would thereby benefit the public health.

5. The restrictions and requirements contained in this Section are intended to reduce the burden on the Sheriff’s Department and the City of Carson Code Enforcement Division in the regulation of massage establishments.

6. The restrictions and requirements contained in this Section are intended to be in addition to the requirement of a valid business license and permit issued by the Business License Division or any license requirements imposed by the State or local agency.

7. The regulations and restrictions contained in this Code are intended to discourage massage establishments from degenerating into houses of prostitution, and the means utilized in this Code bear a reasonable and rational relationship to the goals sought to be achieved by the City of Carson as described in the General Plan.

B. Definitions. In addition to the definitions provided in CMC 63134 and for the purpose of this Section, the following definitions apply:

1. “Massage Establishment” means a fixed place of business where one or more persons engage in or carry on the practice of massage either as a principle or ancillary use. For the purpose of this Section, this definition shall not include those businesses that offer sexual stimulation or other adult-oriented activity in the guise of an establishment for therapeutic massage.

2. “Massage Parlor” means an establishment that provides massage service as its principle use. For the purpose of this Section, this definition shall not include those businesses that offer sexual stimulation or other adult-oriented activity in the guise of an establishment for therapeutic massage.

3. “Massage” or “Massage Service” means any method of pressure or acupressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, or stimulating the external parts of the body with the hands or other parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances, or with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations commonly used in this practice. This definition includes the practice of Therapeutic Massage or Massage Therapy. For the purpose of this Section, “Massage” or “Massage Service” shall not apply to any duly licensed physician, surgeon, osteopath, chiropractor or to other persons duly licensed by the State to treat, manipulate, operate upon or prescribe for the persons or bodies of human beings and who are actually practicing said licensed profession or to graduate nurses, or to students of medicine, surgery, osteopathy, chiropractic or similar professional callings actually attending accredited schools.

4. “Massage Technician” or “Massage Practitioner” means any person, who, for any monetary form of consideration whatsoever, gives or administers to another person a massage as defined in this Section.

5. “Therapeutic Massage” or “Massage Therapy” means the practice of kneading or otherwise manipulating a person’s muscles and other soft tissue with the intent of improving a person’s well-being or health and preventing and alleviating pain, discomfort, muscle spasm, and stress.

C. Required Permits.

1. Conditional Use Permit.

a. Pursuant to CMC 9172.21, an application for a massage establishment shall be subject to the requirements of a Conditional Use Permit, unless otherwise specified herein. The Planning Commission has the authority to approve such Conditional Use Permit. Any facility used for massage service shall be available for City inspection subject to reasonable notice.

b. The City retains the right to inspect these massage establishments, at minimum on an annual basis, after issuance to ensure the owner’s continued compliance with the Conditional Use Permit. The cost of such inspection should be paid by operator pursuant to a fee set forth in the City’s fee schedule.

c. The Planning Commission retains the discretion to deny any application for a Conditional Use Permit where the massage establishment is within close proximity, as determined by the Planning Commission, to any adult business or establishment selling alcohol for on-site consumption, including bars and taverns.

2. Business License and Business Permit.

a. No person shall engage in, conduct or carry on, or permit to be engaged in, conducted or carried on, in any location within the City, the business or operation of a massage establishment, and no person shall manage a massage establishment, without first obtaining a valid business license and permit issued by the City Business License Division.

b. Each establishment providing massage services in a massage parlor must additionally obtain a valid massage parlor permit in compliance with CMC 63134, regardless of whether such person has a valid business permit for a massage establishment. In addition, no operator and/or manager shall employ or allow any person to work in the establishment as a massage technician who does not have a valid massage technician permit issued by the City Business License Division.

3. Massage Technician Permit.

a. No person shall work as a massage technician in a massage establishment without first having obtained a valid massage technician permit in accordance with CMC 63135. A valid massage technician permit shall be required for any person who offers to, engages in, conducts, or provides massage services from any location within the City whether in the capacity of an employee or an independent contractor.

b. A massage technician permit does not automatically authorize the operation or management of a massage establishment. Any person permitted to perform massage services who desires to operate or manage a massage establishment must apply separately and obtain a business license and a massage service permit.

D. Exceptions.

1. In addition to the exceptions included in CMC 63134.4 and 63134.5, the required permits described in this Section shall not apply to, have no effect upon, and shall not be construed as applying to:

a. Any duly licensed physician, surgeon, chiropractor, acupuncturist, osteopath, or physical therapist licensed to practice such specialized profession in the State of California.

b. Any registered nurse or licensed vocational nurse, licensed to practice under the laws of the State of California, who is an employee of and working under the direction of a physician, surgeon, chiropractor, or osteopath, duly licensed to practice their respective professions in the State of California. Practical nurses or other persons that do not meet the requisite qualifications for a massage technician, or any other person not otherwise licensed by the State of California, whether or not employed by physicians, surgeons, or chiropractors, osteopaths, acupuncturists, or physical therapists, may not provide massage or act as a massage technician.

c. Any person licensed to practice any healing art under the provisions commencing with Section 700 of the Business and Professions Code when engaging in such practice within the scope of such license.

d. Any person providing massages ancillary to a legitimate primary business which do not involve disrobing and are not administered in a room separate and apart from the legitimate primary business.

e. For the purpose of this Section, privacy panels and similar separation systems shall not constitute a separate room subject to the approval of the Planning Division. The massage activity pursuant to this paragraph shall be considered ancillary if it can be demonstrated that it does not comprise more than twenty-five (25) percent of the gross floor area of the overall business.

f. Hospitals, senior-citizen nursing homes, sanatoriums, or other health care facilities duly licensed by the State of California, and the employees of such facilities while working on the premises of such State-licensed facilities.

g. Accredited high schools, junior colleges, trade schools, and colleges or universities whose coaches and trainers are acting within the scope of their employment.

h. Barbers, beauticians, or manicurists who are duly licensed by the State of California pursuant to the Barbering and Cosmetology Act set forth in the Business and Professions Code Section 7300 et seq., as the same may be amended from time to time, while engaging in practices within the scope of such license, except that this exemption applies solely for the massaging of the back, neck, face, and/or scalp of the customer or client of said barber or beautician or, in the case of a licensed manicurist, the massaging of the forearms, hands, calves, and/or feet.

i. Schools of cosmetology or barbering which comply with the requirements of Business and Professions Code Section 7362 et seq. when instructors are acting within the scope of their employment or when students are working as unpaid externs pursuant to the requirements of Business and Professions Code Section 7395.1.

2. Any person claiming exemption under this Section shall furnish satisfactory evidence that he or she is entitled to such exemption, including, proof of bona fide employment, or if applicable, a citation or certification to the particular provision of the Business and Professions Code upon which that person relies. Any facility used for massage service shall be available for City inspection subject to reasonable notice. (Ord. 06-1349, § 3)

§ 9138.92    Tattoo Service.

A. Purpose and Intent.

1. The permit requirements and restrictions imposed by this Section are reasonably necessary to protect the health, safety, and welfare of the citizens of the City of Carson.

2. The restrictions and requirements contained in this Section are intended to reduce the burden on the Sheriff’s Department and the City of Carson Code Enforcement Division in the regulation of tattoo services.

3. The restrictions and requirements contained in this Section are intended to be in addition to the requirement of a valid business license issued by the Business License Division.

4. The regulations and restrictions contained in this Section are intended to bear a reasonable and rational relationship to the goals sought to be achieved by the City of Carson as described in the General Plan.

B. Definitions. For the purpose of this Section, the following definitions apply:

1. “Body Pierce” means to puncture, perforate, or penetrate a human body part or tissue with an object, appliance, or instrument for the purpose of placing a foreign object in the perforation to prevent the perforation from closing. The puncturing of the outer perimeter or lobe of the ear shall not be included in this definition.

2. “Tattoo” means an indelible mark or figure fixed upon a body by insertion of pigment under the skin or by production of scars.

3. “Tattoo Establishment” means premises used for the business of marking or coloring the skin with tattoos, and all furnishings, equipment, instruments, dyes and inks, and other facilities maintained therein incidental to such use.

4. “Tattoo Parlor” or “Tattoo Facility” – see “Tattoo Establishment.”

5. “Tattoo Service” means a business that provides tattoos to customers.

C. Required Registration and Permits.

1. Conditional Use Permit. Pursuant to CMC 9172.21, an application for tattoo service shall be subject to the requirements of a Conditional Use Permit, unless otherwise specified herein. The Planning Commission has the authority to approve such Conditional Use Permit.

2. Business License.

a. No person shall engage in, conduct or carry on, or permit to be engaged in, conducted or carried on, in any location within the City, the business or operation of a tattoo establishment, and no person shall manage a tattoo establishment, without first obtaining a valid business license issued by the Business License Division.

b. Each person providing tattoo service in a tattoo establishment who is not a paid employee of said establishment, but is contracted or otherwise paid apart from the establishment, must obtain a separate business license. Paid employees of the establishment need not obtain a separate business license.

3. Registration. Every person conducting tattoo services, as defined in this Section, or desiring to conduct such activity, on or after the effective date of the ordinance, shall register with the Los Angeles County Health Department in compliance with applicable County codes.

4. Public Health Facility and Public Health Operator Permits.

a. Every person owning a tattoo establishment shall, within one (1) year of the effective date of the ordinance codified in this Section and in compliance with CMC 9182.22(A), or prior to the operation of a tattoo establishment, obtain and maintain a valid public health facility permit in compliance with applicable County codes.

b. Every person conducting tattoo activity shall, within one (1) year of the effective date of the ordinance codified in this Section and in compliance with CMC 9182.22(A), or prior to conducting any tattoo service, obtain and maintain a valid public health operator permit in compliance with applicable County codes.

D. Posting Requirements.

1. The public health facility permit issued to the owner of any facility operating as a tattoo establishment must be posted and exhibited at all times in an area that is visible to the public and clients of said establishment.

2. The public health operator permit issued to a person providing a tattoo service must be posted and exhibited at all times in an area that is visible to the public and clients of any tattoo establishment in which tattoo services are provided.

3. Every person registered with the department shall at all times prominently post the certificate of registration adjacent to his or her workstation in an area that is readily visible to clients from that location.

E. Communicable Disease Control. If the City of Los Angeles County Health Department has reasonable cause to suspect a communicable disease is, or may be, transmitted by any person conducting activities regulated by this Section, or by any use of contaminated equipment, or by other unsanitary or unsafe conditions which may adversely impact the public health and safety, the City of County Health Department may do any or all of the following:

1. Issue an order excluding from the permitted tattoo establishment any person responsible for transmitting a communicable disease, or reasonably believed to be responsible for transmitting a communicable disease, or reasonably believed to pose a substantial risk of transmitting a communicable disease, until the City or Los Angeles County Health Department determines there is no further risk to the public health and safety.

2. Issue an order to immediately suspend the public health facility permit issued to the owner of the tattoo establishment until the City or Los Angeles County Health Department determines there is no further risk to the public health and safety.

3. Issue an order to an owner, an employee or a client of a tattoo establishment, to provide information reasonably deemed necessary to prevent the spread of communicable disease.

F. Inspections. Any and all tattoo establishments shall permit City officers, including code compliance officers, to inspect any premises providing tattoo services for compliance with applicable codes.

G. Violation and Noncompliance.

1. Penalty. Any person who operates a tattoo establishment in violation of this Section shall be guilty of a misdemeanor, punishable by a fine not to exceed $1,000, imprisonment in the county jail for a period not to exceed six (6) months, or both.

2. Injunctive Relief. Any act or failure to act which is a violation of this Section may be the subject of a civil action to enjoin the person so acting or failing to act to conform his or her conduct to the provisions of this Code. The filing and prosecution of such an action shall, in no way, limit the authority or ability to impose other requirements of this Section or penalties enumerated hereunder.

3. Owner Responsibility. The owner of a tattoo establishment is responsible for any violation by any person who does any tattoo service with the owner’s consent, or in the owner’s tattoo establishment, whether such person is an employee or a tattoo technician independent operator. Any such tattoo activity done with the owner’s actual or constructive knowledge is presumed to be done with the owner’s consent.

H. Exceptions.

1. The required permits described in this Section shall not apply to, have no effect upon, and shall not be construed as applying to the application of permanent make-up or cosmetic reconstruction applied by a licensed practitioner, licensed cosmetician, or licensed electrologist as defined in the California Business and Professions Code, and has received additional training in the procedures, practices and techniques of permanent make-up application and cosmetic reconstruction.

2. Any person claiming exemption under this Section shall furnish satisfactory evidence that he or she is entitled to such exemption, including proof of bona fide employment, or if applicable, a citation or certification to the particular provision of the Business and Professions Code upon which that person relies.

3. A person who exclusively engages in the piercing of the leading edge or earlobe of the ear shall be exempt from the permitting and registration requirements of this Section, provided he or she does the following:

a. Performs the procedure through the use of an approved ear perforating mechanical device to force the single-use stud or single-use needle through the tissue of the ear; and

b. Utilizes a sterile, disposable, single-use stud or single-use solid needle.

I. Severability. If any provision of this Section or the application thereof to any person or circumstance is held invalid, the remainder of the Section or the application of such provision to other persons or circumstances shall not be affected thereby. (Ord. 06-1349, § 4)

PART 4. INDUSTRIAL ZONES

Sections:

Division 1. Uses Permitted

§ 9141.1   Uses Permitted.   «Unamended section»

Division 1. Uses Permitted

§ 9141.1    Uses Permitted.

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

USES PERMITTED IN INDUSTRIAL ZONES

Legend

X.

Automatically permitted use.

L.

Automatically permitted use provided special limitations and requirements are satisfied as noted herein, in Division 8 of this Part and in Division 8 of Part 3.

D.

Use permitted subject to the approval of the Director.

LD.

Use permitted provided special limitations and requirements are satisfied as noted herein, in Division 8 of Part 2, and subject to the approval of the Director.

C.

Use permitted upon approval of a conditional use permit.

CC.

Use permitted upon approval of the City Council as prescribed under other provisions of the Carson Municipal Code.

 

All uses located less than one hundred (100) feet from any residential zone are subject to the provisions of CMC 9148.8 to determine if the use requires a conditional use permit.

Note: In the following list, industrial activities are classified by product, by materials used, and by processes employed. Since many industrial uses are complex in nature, it is necessary to consider all three (3) of the above-mentioned elements in classifying any specific industrial use. Uncertainties as to the proper classification for a specific use are to be resolved through Interpretations adopted in accordance with CMC 9172.24

ZONES

 

ML

MH

Manufacturing of the Following Products:*

 

 

*Food manufacturing and processing activities are listed under a separate heading.

Pharmaceuticals – drugs, medicines, vitamin tablets.

X

X

Perfume, cosmetics, toiletries (except soap).

X

X

Soap, bleaching powder, glue.

 

C

Novelties, buttons, brushes, toys, candles.

X

X

Ceramics, pottery, statuary.

X

X

Jewelry, watches, clocks, optical goods, musical instruments, scientific instruments, electronic instruments, phonographs, phonograph records, radios, television sets, electronic parts, precision metal products, wire, springs, tools, sandpaper, emery cloth, grinding wheels, printer’s type.

X

X

Electric and gas fixtures, electric appliances, electric motors and generators, batteries (including rebuilding), signs (electric, neon, billboards, etc.).

X

X

Furniture, bedsprings, boxes, coffins, fences, sash and doors, venetian blinds, window shades.

X

X

Clothing, dry goods, draperies, bedding, rugs, upholstery, automobile seat covers, awnings, bags, rope, baskets.

X

X

Chamois.

 

C

Ink, polish, putty, enamel (except lacquer, synthetic enamel, polyurethane), ethylene glycol.

X

X

Lacquer, synthetic enamel, polyurethane.

C

C

Engines (no foundry).

X

X

Engines (with foundry).

C

C

Automobiles, trailers, boats, aircraft, heavy equipment.

 

X

Tile (indoor kiln).

X

X

Concrete block, brick, tile (outdoor kiln).

 

C

Poisons (Class A and Class B)* – pesticides, rodenticides, insecticides, herbicides.

 

C

* Classification according to the Los Angeles County Fire Department (R.M. Graziano’s Tariff No. 25).

Explosives – fireworks, dynamite, ammunition, weapons involving use or testing with explosive materials.

 

C

Manufacturing of Products from the Following Materials:

 

 

Textiles, wool, yarn, fur, felt, canvas, leather, hair, feathers, paper, cloth.

X

X

Bone, horn, shells, cellophane, casein (except glue).

X

X

Wood, cork, fiberglass, clay, glass (no blast furnace), plastic (no pyroxylin).

X

X

Hydrocyanic acid, tar, coal tar, pyroxyline plastic, guncotton.

 

C

Aluminum, sheet metal, ornamental iron, steel.

X

X

Rubber (in ML Zone, rubber is not to be melted and, where a banbury mixer is used, the resulting dust is to be washed).

L

X

Petroleum.

 

C

Manufacturing of the Following Materials:

 

 

Dextrin.

X

X

Cloth, textiles, upholstery, felt, canvas.

X

X

Wallboard, fiberglass, glass (no blast furnace).

X

X

Glass (with blast furnace).

 

C

Polyurethane foam.

C

C

Cellophane, celluloid, cellulose.

 

C

Steel.

 

C

Gas acetylene, chlorine, ammonia, synthetic ammonia.

 

C

Acid, caustic soda, soda ash, lye, lime.

 

C

Gelatin, grease, tallow.

 

C

Cement, gypsum, terra cotta.

 

C

Kalsomine, lamp black, size, phenol, potash, pyroxylin plastic.

 

C

Petroleum, petroleum cleaning compound, asphalt, tar, coal tar, creosote.

 

C

Organic peroxide.

 

C

Fertilizer.

 

C

Explosives – nitroglycerine, nitromethane, nitroethane, cellulose nitrate, gunpowder, blasting powder.

 

C

Industrial Activities Involving the Following Processes:

 

 

Sewing, weaving and knitting of textiles, dyeing of yarn and fabrics.

X

X

Cleaning of fabrics, curtains, carpets.

X

X

Mattress renovation.

X

X

Wool pulling.

 

C

Photo-finishing, film developing and processing, photoengraving, lithography, block printing, silk screening, printing, book binding.

X

X

Glass silvering, optical grinding, fitting and mounting; glass blowing (no blast furnace).

X

X

Furniture redecorating and restoration, antique restoration, cabinet making, wood carving.

X

X

Plastic molding (including hydraulic press).

X

X

Tire retreading and recapping.

X

X

Raw rubber processing (in ML Zone, rubber is not to be melted and, where a banbury mixer is used, the resulting dust is to be washed).

L

X

Rubber reclaiming.

 

C

Metal plating and finishing (in ML Zone, no perchloric acid).

L

X

Metal engraving, metal fabrication (no snap riveting) metal spinning, tool tempering, welding.

X

X

Foundry (no brass or bronze) – precision investment casting, die casting.

X

X

Foundry (including brass or bronze) forging, drop forge, drop hammer, boiler works, smelter, blast furnace, coke oven, scrap metal processing, metal fabrication (including snap riveting).

 

C

Vehicle dismantling or wrecking, junk and salvage processing, subject to the requirements of CMC 9148.1.

 

C

Aircraft power plant testing.

 

X

Ore grinding and reduction.

 

C

Paper shredding.

 

C

Grinding, dressing or cutting of stone, granite or marble; sand washing.

X

X

Aggregate batch plant, aggregate dryer, rock or asphalt crushing, asphalt plant, sandblasting. (In ML Zone, only permitted on property which also has an ORL Zone designation, and must be at least 1,000 feet, as measured from lot line to lot line, from any residential zone, and any conditional use permit shall be subject to final approval or other action by the City Council.)

C

C

Starch mixing and bottling, paint spray booth, shellac mixing (no cooking), paint or enamel mixing (except lacquer, synthetic enamel, polyurethane).

X

X

Mixing of lacquers, synthetic enamel, polyurethane paint.

C

C

Shellac mixing (with cooking).

 

C

Processing of coconut oil, cottonseed oil, linseed oil.

 

C

Oil canning and packaging (in ML Zone, not more than 100 barrels stored aboveground).

L

X

Petroleum refining, oil reclaiming, coal or coal tar distillation.

 

C

Potash refining.

 

C

Bone distillation, fat rendering, offal reduction, curing or tanning of furs or hides, processing of animal by-products.

 

C

Creosoting.

 

C

Fertilizer works, manure spreading and drying.

 

C

Use of organic peroxides,* nitromethane, nitroethane.

 

C

*Having a severity classification of 3 or greater according to tests prescribed by the Society of the Plastics Industry and acceptable to the Los Angeles County Fire Department.

Water treatment.

X

X

Resource Extraction:

 

 

Borrow pit.

C

C

Oil fields, oil wells, subject to the requirements of CMC 9148.2.

L

L

Food Manufacturing and Processing:

 

 

Ice, soft drinks, beer, wine, malt products, dairy products, candy, confections, pastries, bread, oleomargarine, sodium glutamate, honey, nuts and similar food products (no lard, pickles, sauerkraut, or vinegar).

X

X

Lard, pickles, sauerkraut, vinegar.

 

C

Box lunch preparation.

X

X

Fruits and vegetables – packing, canning, processing or extracting or bottling of juices (must be at least 100 feet from any residential zone, public school, public park, hospital or long-term health care facility).

L

L

Fish barbecuing or smoking (oven less than 10 cubic feet, no fish cleaning, retail sales only).

L

L

Dressing of poultry or rabbits (must be at least 100 feet from any residential zone, public school, public park, hospital or long-term health care facility)

 

L

Slaughtering of animals.

 

C

Meat, fish, dog or cat food – packing, canning, processing.

 

C

Coffee roasting.

 

C

Cigars, cigarettes.

X

X

Chewing tobacco.

 

C

Service and Repair:

 

 

Linen, towel or uniform supply.

X

X

Assaying, gas heater testing, pest control, cesspool cleaning service, plumbing contractor, roofing contractor, tree surgeon.

X

X

Carpenter shop, machine shop, metal working shop, sheet metal shop, tinsmith, gunsmith (no weapons manufacture involving use or testing with explosive materials), blacksmith, lapidary shop, electrical motor and appliance repair.

X

X

Boat repair, vehicle repair (no limit on size of vehicle), equipment and machinery repair, subject to the limitations of CMC 9138.2 if within 300 feet of other than an industrial zone.

L

L

Laboratory – product testing, product research.

X

X

Laboratory – chemical, biological, anatomical.

C

C

Equipment Sale and Rental:

 

 

Motor vehicles and heavy equipment of all types and sizes, contractor’s equipment, agricultural equipment.

X

X

Auction:

 

 

Auction – indoor or outdoor (no swap meet or flea market).

C

C

Wholesale:

 

 

Wholesale activities of all types (except livestock and poultry).

X

X

Poultry (in ML Zone, all activities within an enclosed building).

L

X

Storage:

 

 

Cold storage plant.

X

X

Petroleum coke.

 

C

Warehousing of furniture, household goods, dry goods, clothing, textiles, durable goods, no perishable foods.

X

X

Glass, lumber (no boxes or crates), naval stores, plaster, empty barrels, metal (no scrap), machinery, equipment.

X

X

Polyurethane foam.

C

C

Rock, sand, crushed aggregate and gravel:

 

 

Not more than 2,000 tons.

X

X

More than 2,000 tons. (In ML zone, only permitted on property which also has an ORL Zone designation and must be at least 1,000 feet, as measured from lot line to lot line, from any residential zone, and any conditional use permit shall be subject to approval or other action by the City Council.)

C

X

Clay and clay products.

X

X

Cement silo, grain elevator.

 

X

Petroleum and petroleum products:

 

 

Not more than 2,500 barrels.

X

X

More than 2,500 barrels.

 

C

Cargo container (Prohibited within 1,000 feet, as measured from lot line to lot line, of residentially zoned property or institutional uses).

 

L

Natural gas:

 

 

Belowground – any amount.

X

X

Aboveground:

 

 

Not more than 500,000 cubic feet.

X

X

More than 500,000 cubic feet.

C

 

Oxygen, acetylene (subject to Fire Code requirements)

X

X

Agricultural chemicals (must be at least 100 feet from any residential zone, public school, public park, hospital or long-term health care facility).

L

L

Liquid petroleum gas:

 

 

Not more than 30,000 gallons.

X

X

More than 30,000 gallons

 

C

Fuel yard (not covered elsewhere, including propane).

X

X

Aircraft fuel and lubricant.

 

C

Explosives – dynamite (over 100 pounds), nitroglycerine, nitromethane, nitroethane, cellulose nitrate, gun powder, blasting powder.

 

C

Creosote, creosoted poles.

 

C

Fertilizer.

 

C

Junk, salvage, metal scrap, rags, bottles, nonferrous scrap (other than paper), subject to the requirements of CMC 9148.1.

 

C

Waste paper, subject to the requirements of CMC 9148.1.

C

C

Poison (Class A or Class B)* – pesticides, rodenticides, insecticides, herbicides.

 

C

*Classification according to Los Angeles County Fire Department. (R.M. Graziano’s Tariff No. 25).

Organic peroxides** – (more than 50 pounds).

 

C

**Having a severity classification of 3 or greater according to tests prescribed by the Society of the Plastics Industry and acceptable to the Los Angeles County Fire Department.

Motor vehicles (not including impounding yard).

X

X

Vehicle impounding yard, subject to the requirements of CMC 9148.1.

 

C

Aircraft.

 

X

Transportation, Communications, Utilities and Public Service:

 

 

Service yard – public utility or public service.

X

X

Jail farm, honor farm.

C

C

Aircraft beacons and navigational aids – operating.

X

X

Blimp port, heliport, helistop.

C

C

Railroad yard, repair shop, roundhouse.

 

C

Truck terminal, subject to the requirements of CMC 9148.9.

C

C

Truck yard, subject to the requirements of CMC 9148.9

 

C

Transfer station for refuse, sewage treatment plant.

 

C

Access to other property lawfully used for purposes not permitted on subject property.

X

X

Intermodal container transfer facility.

 

C

Education:

 

 

Trade school.

X

X

Recreation:

 

 

Arcade (subject to the requirements of CMC 9138.4)

C

C

Archery range.

C

C

Outdoor drive-in theater.

C

C

Range for pistol, rifle, skeet, or trap shooting; turkey shoot.

 

C

Model airplane area (motor-driven or jet-propelled).

 

C

Fairgrounds, outdoor festival (permanent).

C

C

Race track – horse, automobile, motorcycle.

 

C

Zoo.

 

C

Agriculture:

 

 

Earthworm farm (must be at least 100 feet from any residential zone, public school, public park, hospital or long-term health care facility).

L

L

Mushroom farm (must be at least 300 feet from any residential zone, public school, public park, hospital or long-term health facility).

 

L

Egg candling.

X

X

Studios:

 

 

Motion picture studio or set – indoor or outdoor.

X

X

Cemetery:

 

 

Cemetery, mausoleum, columbarium, crematory.

 

C

Animal Services:

 

 

Horse stable, riding academy – commercial or private (must be at least 100 feet from any residential zone, public school, public park, hospital or long-term health care facility).

C

C

Animal shelter, pound, kennel, training school.

C

C

Animal hospital, animal research institute.

X

X

Pet cemetery.

 

C

Electronic message center signs. (See CMC 9146.7.)

C

C

Outdoor Advertising:

 

 

Outdoor advertising sign, subject to the requirements of CMC 9146.7.

C

C

Recycling Facilities:

 

 

Large collection recycling facility. (Subject to CMC 9148.4.)

L

L

Processing facility for recyclables, light. (Subject to CMC 9148.5.)

L

L

Processing facility for recyclables, heavy. (Subject to CMC 9148.5.)

C

Wireless Telecommunications Facilities (see CMC 9138.16):

 

 

Minor wireless telecommunications facilities, subject to the requirement of CMC 9138.16.

L

L

Major wireless telecommunications facilities, subject to the requirement of CMC 9138.16.

C

C

Uses Permitted in Commercial Zones:

 

 

Any principal use permitted in any commercial zone, whether automatically (X), with limitation (L), or by conditional use permit (C), is automatically permitted in the industrial zones, subject to the same requirements specified for such use in the commercial zones, except the following:

 

 

Residential:

 

 

Mobile home park.

Not permitted

Group quarters for members of a religious order.

Not permitted

Community residential care facility, boarding or rooming house, fraternity or sorority house, dormitory, residential hotel or similar group quarters, motel units with kitchens.

Not permitted

Transportation related uses:

 

 

Shared parking facilities.

C

C

Health services:

 

 

Hospital, long-term health care facility, public health center.

C

 

Ambulance service.

C

C

Public and quasi-public uses:

 

 

Archaeological dig, provided the Director determines there is a reasonable prospect that significant scientific, cultural, or historical information will be obtained from the site.

D

D

Education:

 

 

Elementary or secondary school public or private.

Not permitted

Recreation:

 

 

Golf driving range, pitch-and-putt course, golf course, subject to the limitations of CMC 9138.3.

L

L

Arcade, subject to the requirements of CMC 9138.4.

C

C

Retail services and offices:

 

 

Adult business.

Not permitted

Payday loans.

CUP

CUP

Massage service.

Not permitted

Tattoo service. (New uses not permitted. Existing uses prior to June 7, 2006, required a CUP and are subject to CMC 9138.92.)

L

Not permitted

Alcoholic beverage sales and services:

 

 

Alcoholic beverage sales in conjunction with variety store, drug-store, mini market, drive-through market, food store, or grocery store excluding a supermarket, take-out food, liquor store, subject to requirements of CMC 9138.5.

C

C

Alcoholic beverage sales and services in conjunction with cocktail lounge, bar, arcade, pool hall, billiards, card room, bowling alley, indoor theater, night club and eating establishment other than a bona fide restaurant, subject to requirements of CMC 9138.5.

C

C

Vehicles sales and service:

 

 

Automobile service station, subject to the requirements of CMC 9148.3 and 9138.12.

L

L

Automobile laundries, subject to the requirements of CMC 9148.3 and 9138.13.

C

C

Miscellaneous retail petroleum outlet, subject to the requirements of CMC 9148.3 and 9138.14.

L

L

Vehicle repair, subject to the limitations of CMC 9138.2 if within 300 feet of other than an industrial zone.

L

L

Auctions for used automobiles, recreational vehicles, travel trailers, trucks or trailers, not over 2-ton capacity, motorcycles or motorscooters, subject to the requirements of CMC 9138.21.

C

C

Temporary Uses:

 

 

Election campaign office in a trailer. (Not permitted earlier than 90 days before the election. To be removed within 14 days after the election.)

L

L

Office or other permitted commercial use in a trailer or other mobile unit. (Permitted for a period not exceeding 6 months during construction of a building on the same lot while a building permit is in effect. The Director may approve reasonable time extensions if he finds construction is proceeding in good faith.)

L

L

Storage of construction materials and equipment at a construction site without the screening which would be required for permanent outdoor storage (only during the period a building permit is in effect).

L

L

Subdivision directional sign. (See CMC 9128.31 – 9128.35.)

LD

LD

Fireworks stand, fireworks storage. (See CMC 3101.0 – 3101.10)

CC

CC

Tent revival. (See Chapter 6 of Article III of the Carson Municipal Code.)

CC

CC

Carnival, mechanical rides, pony rides, outdoor festival and similar uses. (See CMC 63119 and 63119.1.)

CC

CC

Circus, rodeo. (See CMC 63120; and Animal Control Ordinance CMC 3300 – 3301.)

CC

CC

Sidewalk, parking lot, and tent sales. (See CMC 9148.7.)

D

D

Yard sales. (See CMC 4600 – 4606.)

L

L

Uses Permitted in Manufacturing Zones:

 

 

Auction house.

C

C

Indoor mini-mart.

Not permitted

.

Any person, firm or corporation violating any provision of this Section shall be guilty of an infraction and shall be punishable as provided in Chapter 2 of Article I of this Code. (Ord. 79-479, § 8; Ord. 78-427; Ord. 80-532, § 4; Ord. 80-541, § 1; Ord. 82-621, § 4; Ord. 83-673U, § 5; Ord. 84-685, § 5; Ord. 86-732, § 1; Ord. 87-813, § 4; Ord. 87-819, §§ 3, 4; Ord. 87-822, § 1; Ord. 88-857, § 3; Ord. 89-888, § 3; Ord. 90-915, § 3; Ord. 91-932, §§ 1, 2; Ord. 92-982, § 1; Ord. 93-1001, § 3; Ord. 94-1035U, § 6; Ord. 94-1037, § 7; Ord. 96-1085, § 2; Ord. 96-1097, § 1; Ord. 01-1237, § 2; Ord. 03-1284, § 4; Ord. 04-1308, §§ 3, 4; Ord. 06-1349, § 5; Ord. 09-1419, § 6)

PART 6. GENERAL DEVELOPMENT STANDARDS

Sections:

Division 2. Vehicular Parking, Loading and Maneuvering Areas

Off-Street Parking

§ 9162.21   Parking Spaces Required.   «Unamended section»

Division 2. Vehicular Parking, Loading
and Maneuvering Areas

Off-Street Parking

§ 9162.21    Parking Spaces Required.

The required number of off-street automobile spaces for each use shall not be less than set forth in the following table:

Use

Off-Street Parking Required

A.    Residential:

Any existing, lawfully established and maintained residential use is deemed to have the required parking.

1.    Single-family dwelling in the RS Zone, RA Zone.

2 spaces within a garage.

2.    Single-family dwelling in the RM Zone.

2 spaces within either a garage or carport.

3.    Multiple-family dwelling.

2 spaces within either a garage dwelling or carport for each dwelling unit. In addition, 1 guest parking space for every 1 multifamily unit with 3 bedrooms or more and 1 guest parking space for every 2 multifamily units with 2 bedrooms or less.

3a.    Multiple-family dwelling within a Mixed-Use (MU) District.

1 covered space for every studio unit. 2 covered spaces for each unit with 1 or more bedrooms. 1 guest space for every 4 units.

3b.    Live/work rental units within a Mixed-Use (MU) District.

2 spaces per unit for units under 2,500 square feet. Larger units require 2 spaces for residential plus the number of spaces required by this Section for commercial activities. 1 guest space for every 4 units.

4.    Condominium.

2 spaces within a garage for each dwelling unit. In addition, 1 guest parking space for every 1 multifamily unit with 3 bedrooms or more and 1 guest parking space for every 2 multifamily units with 2 bedrooms or less.

4a.    Condominiums within a Mixed-Use (MU) District.

1 covered space for every studio unit. 2 covered spaces for each unit with 1 or more bedrooms. 1 guest space for every 4 units.

4b.    Live/work rental units within a Mixed-Use (MU) District.

2 spaces per unit for units under 2,500 square feet. Larger units require 2 spaces for residential plus the number of spaces required by this Section for commercial activities. 1 guest space for every 4 units.

5.    Mobile home park.

2 spaces for each mobile home (tandem parking permitted), plus 1 guest parking space for each 4 mobile homes.

6.    Convent, rectory, monastery and other group quarters for members of a religious order.

1 space for each 3 rooming units.

7.    Boarding or rooming house, fraternity or sorority house, dormitory.

1 space for each 2 rooming units.

8.    Caretaker’s residence.

1 space for each residence.

9.    Retirement home, senior citizens’ housing (units without kitchens and not defined as a community care facility).

1 space for each rooming unit, plus 2 spaces for each resident employee. (The parking area to be improved shall be 1 space for each 2 rooming units, plus 2 spaces for each resident employee. The difference between the required parking area and the parking to be improved shall be held as open space reserve to meet additional parking needs or required parking in case of conversion to another use.)

10.    Retirement home, senior citizens’ housing (units with kitchens, and not defined as a community care facility).

2 spaces for each dwelling unit, plus 2 spaces for each resident employee. (The parking area to be improved shall be 1 space for each 2 dwelling units, plus 2 spaces for each resident employee. The difference between the required parking area and the parking to be improved shall be held as open space reserve to meet additional parking needs or required parking in case of conversion to another use.)

11.    Residential hotel without kitchens.

1 space for each rooming unit, plus 2 spaces for each resident employee.

12.    Residential hotel or motel with kitchens.

2 spaces for each unit.

13.    Second dwelling unit:

 

(a)    Studio

1 uncovered off-street parking space outside of front yard setback area.

(b)    1 bedroom

1 space within either a garage or carport. Minimum interior dimension for a one car garage shall be 10 feet wide by 20 feet long and 9 feet wide by 20 feet long for a one car carport.

(c)    2 bedrooms or unit size exceeding 700 square feet

2 spaces within a garage.

B.    Institutional:

1.    Small family home community care facility in the RS Zone.

2 spaces within a garage.

2.    Small family home community care facility in RM Zone.

2 spaces within either a garage or carport.

3.    Other community care facilities.

Required parking spaces to be determined for each conditional use permit based primarily upon the facility’s licensed capacity, type of care and number of employees.

4.    Long-term health care facility.

1 space for each 2 beds licensed by the regulatory agency.

5.    Hospital.

2 spaces for each bed licensed by the regulatory agency.

6.    Schools (public or private):

 

(a)    Elementary school, junior high school (kindergarten through grade 9).

1 space for each 200 square feet of teaching area.

(b)    Senior high school; business vocational or trade school.

1 space for each 125 square feet of teaching area.

(c)    Academic university or college.

1 space for each 500 square feet gross floor area.

7.    Library, museum, art gallery.

1 space for each 400 square feet gross floor area.

8.    Church, mortuary.

1 space for each 5 fixed seats (or 7-1/2 linear feet of fixed pew or bench) in the largest assembly room. For the area within the largest assembly room not occupied by fixed seats, pew or bench, the off-street parking required shall be 1 space for each 35 square feet of net floor area.

C.    Commercial:

1.    Gymnasium, dance hall, skating rink, theater, night club, auditorium, lodge room, sports arena, stadium and other places of public assembly or entertainment.

1 space for each 3 fixed seats (or 4-1/2 linear feet of fixed bench) in the largest room or space for public assembly or entertainment. For the area within the largest room or space for public assembly or entertainment not covered by fixed seats or bench, the off-street parking required shall be 1 space for each 21 square feet of net floor area. There shall be a minimum of 10 parking spaces provided.

2.    Dining and drinking establishments.

Areas used exclusively for entertainment shall have a parking requirement as indicated above. All other areas shall have a parking requirement of 1 space for each 100 square feet of gross floor area. There shall be a minimum of 10 parking spaces provided.

3.    Bowling alley.

3 spaces for each bowling lane, plus the parking spaces required for the other activities within the building.

4.    Transient hotel, motel.

1 space for each guest room, plus 2 spaces for the resident manager’s unit.

5.    Automobile service station.

As required by CMC 9138.12(G).

6.    Miscellaneous retail petroleum outlet.

As required by CMC 9138.14(H).

7.    Plant nursery.

1 space for each 1,000 square feet of indoor or outdoor sales or display area. There shall be a minimum of 5 parking spaces provided.

8.    Offices, studios, retail sales and services and other general commercial activities not classified elsewhere.

1 space for each 300 square feet of gross floor area. There shall be a minimum of 5 parking spaces provided on each site for each use.

9.    Driving skill course.

15 spaces per 400 yards of track, and 1 space per employee on the largest shift, plus the parking spaces required for other activities within buildings or on the grounds of the business.

10.    Arcade.

1 space for each 200 square feet for gross floor area.

11.    Health and exercise salons, health spas, athletics clubs, exercise and dance studios.

1 space per 150 square feet of gross floor area.

12.    Automobile dealership.

See CMC 9138.15(D)(6).

13.    Vehicle repair and service.

1 parking space shall be provided for each employee on the largest shift, plus 2 parking spaces shall be provided for each service bay. Parking for all other uses shall comply with CMC 9162.21.

D.    Industrial:

1.    Water pumping station, gas measurement station, electrical distribution substation and other public utility facilities having no employees or visitors.

No parking space is required.

2.    Vehicle impounding or dismantling yard, junk and salvage yard.

As required by CMC 9148.1(D).

3.    Mini-storage/ self-storage (As defined in CMC 9162.65).

1 parking space for every 20 units of storage area, plus 1 space for each 300 square feet of office area, plus 2 covered spaces for a caretaker unit.

4.    Uses requiring large dock-high loading facilities (As defined in CMC 9162.65).

Whichever of the following results in the greater requirement:

a.     Warehousing use – 1 parking space for each 1,500 square feet of gross floor area;

 

    Manufacturing use – 1 parking space for each 500 square feet of gross floor area;

 

    Office and service use – 1 parking space for each 300 square feet of gross floor area; or

 

b.    1 parking space for every 2 employees on the largest shift.

5.    Uses requiring small dock-high loading facilities (As defined in CMC 9162.65).

Whichever of the following results in the greater requirement:

a.    Warehouse use – 1 parking space for each 1,000 square feet of gross floor area;

 

    Manufacturing use – 1 parking space for each 500 square feet of gross floor area;

 

    Office and service use – 1 parking space for each 300 square feet of gross floor area; or

 

b.    1 parking space for every 2 employees on the largest shift.

6.    Uses requiring large grade level loading facilities (As defined in CMC 9162.65).

Whichever of the following results in the greater requirement:

a.    Warehousing use – 1 parking space for each 750 square feet of gross floor area;

 

    Manufacturing use – 1 parking space for each 500 square feet of gross floor area;

 

    Office and service use – 1 parking space for each 300 square feet of gross floor area; or

 

b.    1 parking space for every 2 employees on the largest shift.

7.    Uses requiring small grade level loading facilities (As defined in CMC 9162.65).

Whichever of the following results in the greater requirement.

a.    Single tenant unit size or average multiple tenant unit size under 3,000 square feet:

 

    Warehousing and manufacturing use – 1 parking space for each 500 square feet of gross floor area;

 

    Office and service use – 1 parking space for each 300 square feet of gross floor area; or

 

    Single tenant unit size or average multiple tenant unit size over 3,000 square feet:

 

    Warehousing – 1 parking space for each 750 square feet of gross floor area;

 

    Manufacturing – 1 parking space for each 500 square feet of gross floor area;

 

    Office and service use – 1 parking space for each 300 square feet of gross floor area; or

 

b.    1 parking space for every 2 employees on the largest shift.

8.    Service and office use with no truck loading facilities.

Whichever of the following results in the greater requirement:

a.    1 parking space for each 300 square feet of gross floor area; or

 

b.    1 parking space for every 2 employees on the largest shift.

9.    Large collection recycling facility.

1 automobile parking space for each employee on the largest shift, plus 1 space for each company vehicle, plus a minimum of 10 spaces for customers.

    Processing facility for recyclables.

10.    Cargo container storage (As defined in CMC 9191.067(C).

1 automobile parking space for every 2 employees on the largest shift, plus 1 space for each 300 square feet of office space. A minimum of 5 spaces shall be provided.

E.    Recreational (public and private):

1.    Passive park:

 

a.    Less than 1 acre in size.

No parking space is required.

b.    1 acre or greater in size.

2 spaces for each net acre.

2.    Golf course.

100 spaces for a 9-hole course. 200 spaces for an 18-hole course.

(Ord. 78-452; Ord. 78-431; Ord. 80-532, § 8; Ord. 82-603; Ord. 83-662, § 1; Ord. 85-720, § 11; Ord. 87-819, § 8; Ord. 87-821, §§ 4, 5; Ord. 88-842, § 2; Ord. 89-878, § 1; Ord. 91-945, § 3; Ord. 94-1039, § 14; Ord. 02-1251, § 1; Ord. 03-1279, § 24; Ord. 03-1290, § 7; Ord. 04-1322, § 8; Ord. 06-1363, § 9)

PART 8. IMPLEMENTING PROVISIONS

Sections:

Division 2. Nonconformities

Site Nonconformities

§ 9182.21   Nonconforming Use Eligible for Conditional Use Permit or Other Approval.   «Unamended section»

§ 9182.22   Termination of Existing Nonconforming Use.   «Unamended section»

§ 9182.24   Continuation of Residential Use within a Mixed-Use (MU) District.   «Unamended section»

§ 9182.25   Continuation of Churches, Temples or Other Places of Religious Worship Located within the CR (Commercial, Regional) Zone or MU-CS (Mixed-Use – Carson Street) Zone.   «Unamended section»

§ 9182.26   Continuation of Vehicle Repair and Service.   «Unamended section»

§ 9182.28   Payday Loans.   «Unamended section»

Density Nonconformities

§ 9182.31   Nonconforming Residential Density for Sex Offenders.   «Unamended section»

Division 2. Nonconformities

Site Nonconformities

§ 9182.21    Nonconforming Use Eligible for Conditional Use Permit or Other Approval.

Any use lawfully established as an automatically permitted use which subsequently is designated as a use requiring a conditional use permit or other special approval shall be considered to be a nonconforming use until such time as a conditional use permit or other such special approval is granted.

In granting a conditional use permit or special approval for such use, conditions may be included which provide for either the continuation or termination of each nonconformity existing on the site. Such conditional use permit or other approval shall not authorize the creation of additional or expanded uses or facilities which are not in conformance with current regulations. Any extension of a nonconformity beyond the time limit otherwise required shall be subject to the criteria of CMC 9172.25(D).

This Section shall not apply to:

A. Those uses lawfully established on property prior to the designation of said property as ORL (Organic Refuse Landfill) and which would not be subject to the requirement of a conditional use permit except for such designation.

B. Mobile home, and trailer parks lawfully established on property in the residential and commercial zones prior to enactment of the conditional use permit requirement. (Ord. 78-449; Ord. 81-585, § 3)

C. Existing alcoholic beverage sales and service businesses lawfully established on property in the commercial and industrial zones prior to January 21, 1983. Notwithstanding the preceding, the provisions of this Section shall apply to each business that ceases to operate continuously without substantial change in mode or character of operation. Additionally, the provisions of this Section shall apply to each such business that does any of the following:

1. Knowingly allows, during three (3) or more months within any twenty-four (24) month period, a nuisance activity to occur within the premises or in close proximity to the premises. For purposes of this provision, “nuisance activity” refers exclusively to the following: disturbance of the peace, illegal drug activity, public drunkenness, public alcohol consumption, public urination, and excessive loud noise.

2. Allows the business license for such business to lapse for more than thirty (30) days after written notification of the lapse. The written notification shall be provided by either (a) hand delivery, receipt of which shall be acknowledged in writing, to the store operator at the business address; (b) certified mail, return receipt requested to both the business address and the address listed on the business license; or (c) other method offering equivalent proof of actual notice.

Any existing alcoholic beverage sales and service business that does any of the above shall, upon determination of the Planning Commission after a public hearing, be considered a nonconforming use until such time as a conditional use permit is granted. The Planning Commission shall make such determination by resolution, and shall specify in its resolution the grounds resulting in the nonconforming use designation. The Planning Commission’s determination may be appealed to the City Council in accordance with CMC 9173.4. Alcoholic beverage sales at each such business shall terminate no later than sixty (60) days from the date of the nonconforming use designation by the Planning Commission, or the date of the City Council’s decision on appeal if an appeal was timely filed and the nonconforming use designation was upheld, unless an application for a conditional use permit has been filed for the business. Each such business shall thereafter be operated in accordance with the terms of the approved conditional use permit or shall cease alcoholic beverage sales if the conditional use permit application is denied. (Ord. 78-449; Ord. 81-585, § 3; Ord. 82-621, § 5; Ord. 01-1231, § 3)

D. Reserved.

E. Existing multiple dwelling and planned unit developments lawfully established on property within multiple dwelling residential zones prior to September 20, 1984.

F. Existing, lawfully established residential uses located within a Mixed-Use (MU) District prior to the enactment of the conditional use permit requirement, except as provided in CMC 9182.1.

G. Lawfully established restaurants and service stations which received discretionary approval within the last five (5) years from the date of a zone change to the CA (Commercial, Automotive) Zone District.

H. Existing, lawfully established truck terminals prior to the enactment of the Conditional Use Permit requirement, as described in CMC 9182.27. (Added by Ord. 84-700, § 6; Ord. 94-1039, § 16; Ord. 03-1279, § 25; Ord. 04-1308, § 7; Ord. 06-1363, § 9)

§ 9182.22    Termination of Existing Nonconforming Use.

A lawfully established use which becomes a nonconforming use, including any buildings, structures or facilities designed or intended only for uses which are nonconforming, shall be terminated and such buildings, structures or facilities shall be removed or made conforming in all respects within the time period specified in subsection A or B of this Section, whichever is applicable and results in the later termination date.

A. The time period indicated in the following table measured from the date of becoming a nonconforming use:

Use

Allowable Life

Use of land without buildings or structures.

1 year

Use involving only buildings or structures which would not require a building permit to replace such buildings or structures (but not including a mobile home park).

3 years

Mobile home park; mobile homes on individual lots.

35 years

Use involving buildings or structures which would require a building permit to replace such buildings or structures.

20 years

Outdoor advertising use.

5 years

Trailer parks.

20 years

Producing oil wells, oil storage tanks.

20 years

Sale of convenience goods at automobile service stations within 300 feet of any school.

20 years

Arcades.

5 years

Existing indoor mini-marts, auction house.

10 months

Truck-related uses defined in CMC 9148.8 which require a conditional use permit.

1 year

Cargo container storage; provided, however, that effective February 5, 1988:

6 months

(1)    No cargo container storage shall be permitted within fifty (50) feet of any residentially zoned property which involves any stacking more than one (1) container high;

 

(2)    No cargo container storage shall be permitted within one hundred (100) feet of any residentially zoned property which involves any stacking more than two (2) containers high; and

 

(3)    In no event shall any cargo container storage be permitted on any site which involves any stacking more than three (3) containers high.

 

Existing food/grocery stores in residential zones.

Expires December 31, 2003

Multiple-family residential uses located within a Mixed-Use (MU) District with ten (10) or more units (except existing mobile home parks), subject to CMC 9182.24.

2 years

Residential uses located within a Mixed-Use (MU) District with nine (9) units or less, subject to CMC 9182.24.

5 years

Adult business.

5 years

Massage service.

1 year

Tattoo service.

1 year

Wireless telecommunications facility, transmitter, receiver or repeater station – radio, television, microwave.

5 years

Second dwelling unit.

5 years

Vehicle repair and service located within the Commercial, Regional (CR) Zone, the Mixed-Use Residential (MUR) Overlay District and properties in all zones within one hundred (100) feet of residential zones, subject to CMC 9182.26.

5 years

Truck yard.

1 year

Alcoholic and beverage control (ABC) license, on-sale and off-sale only (subject to the requirements of CMC 9138.5).

3 years

Alcoholic and beverage control (ABC) license, on-sale and off-sale only with a conditional use permit shall be subject to the requirements of CMC 9138.5.

1 year

Transient hotels, motels with a conditional use permit shall be subject to the requirements of CMC 9138.19.

1 year

Payday loans.

3 years

B. The time period indicated in the following table measured from the date of construction of the most recently constructed main building or other major facilities which are designed or intended for the nonconforming use:

Structure Type According to Building Code*

Type of Structure*

Old Classification

New Classification

Use

Allowable Life

Light metal or wood frame

IV,

V

II (1 -Hour)

II-N, V

Nonresidential

25 years

Light metal or wood frame

IV,

V

II (1-Hour)

II-N, V

Residential except single-family dwellings

30 years

Light metal or wood frame

IV,

V

II (1-Hour)

II-N, V

Single-family dwellings

35 years

Heavy timber, masonry, concrete

II,

III

II (Fire Resistive) III, IV

All

40 years

Fire resistive heavy steel and/or concrete

I

I

All

50 years

*Building Code classification shall take precedence over type of material in case of conflict.

(Ord. 2-79; Ord. 81-550, § 1; Ord. 84-679, § 2; Ord. 84-685, § 9; Ord. 86-763U, § 3; Ord. 87-813, § 5; Ord. 87-822, § 3; Ord. 92-982, § 3; Ord. 93-1024, § 1; Ord. 94-1035U, § 7; Ord. 94-1037, § 8; Ord. 94-1039, § 17; Ord. 03-1279, § 26; Ord. 03-1284, § 7; Ord. 03-1290, § 11; Ord. 04-1308, § 6; Ord. 04-1322, § 9; Ord. 06-1349, § 6; Ord. 06-1363, § 9; Ord. 09-1419, § 7)

§ 9182.24    Continuation of Residential Use within a Mixed-Use (MU) District.

A. Existing, lawfully established multiple-family residential uses within a Mixed-Use (MU) District with ten (10) or more units per property (except existing mobile home parks) shall obtain the approval of a Development Plan by the Planning Commission pursuant to CMC 9172.23 (Site Plan and Design Review). An application for a Site Plan and Design Review shall be submitted in accordance with the provisions of this Section within a two (2) year period of the effective date of this Section or prior to the termination of the amortization period, whichever provides the greater amount of time.

When approving a Development Plan, the Commission shall make findings regarding the adequacy of on-site parking and applicable site development standards contained in Part 6 of this Chapter. The Commission shall require, as a condition precedent to continued use of the property under the Development Plan, that a report be submitted by the applicant, which shall provide and include plans to eliminate or mitigate any Building, Plumbing, Electrical and Fire Code deficiencies. The Planning Commission may require additional improvements to the property, or any buildings or structures thereon, which may include but are not limited to the following:

1. New or rehabilitated landscaping;

2. Exterior changes to promote compatibility of buildings and structures with surrounding development;

3. General repairs to vehicular maneuvering or parking areas;

4. Modifications designed to bring a structure more nearly into compliance with the applicable standards for multiple-family residential uses.

B. Existing, lawfully established multiple-family residential uses located within a Mixed-Use (MU) District with nine (9) or less units per property shall be allowed to continue indefinitely under existing ownership of the property, except that the provision of CMC 9182.22 shall apply if ownership of the property changes and the use shall be terminated if the property is occupied by structures declared substandard pursuant to Chapter 99 of the Building Code. For purposes of this Section, a change of ownership shall be defined by Sections 60 through 69.5 et sub. of the Revenue and Taxation Code of the State of California. (Added by Ord. 94-1039, § 15; Ord. 06-1363, § 9)

§ 9182.25    Continuation of Churches, Temples or Other Places of Religious Worship Located within the CR (Commercial, Regional) Zone or MU-CS (Mixed-Use – Carson Street) Zone.

A. All existing churches which were lawfully established within the CR (Commercial, Regional) Zone shall be subject to the approval of a Development Plan by the Director of Community Development pursuant to CMC 9172.23 (Site Plan and Design Review) and CMC 9138.22 (Church Uses within the CR (Commercial, Regional) Zone). Existing churches, temples, or other places of worship lawfully established within, and prior to the adoption of the MU-CS (Mixed-Use – Carson Street) Zone shall be subject to the approval of a Site Plan and Design Review pursuant to CMC 9172.23 as determined by the Planning Commission. An application for a Site Plan and Design Review shall be submitted in accordance with the provisions of this Section within a one (1) year period of the effective date of the ordinance codified in this Section or prior to the termination of the amortization period, whichever provides the greater amount of time.

B. When approving a Development Plan, the Director of Community Development shall make findings regarding the adequacy of on-site parking and applicable site development standards contained in Part 6 (General Development Standards) of this Chapter. The Director of Community Development shall require as a condition precedent to continued use of the property under the Development Plan, that a report be submitted by the applicant, which shall provide and include plans to eliminate or mitigate any Building, Plumbing, Electrical, and Fire Code deficiencies. The Director of Community Development may require additional improvements to the property, or any buildings or structures thereon, which may include but are not limited to the following:

1. New or rehabilitated landscaping;

2. Exterior changes to promote compatibility of buildings and structures with the surrounding development;

3. General repairs to vehicular maneuvering or parking areas;

4. Modifications designed to bring a structure more nearly into compliance with the applicable standards for public assembly uses as per applicable Building and Safety Codes in effect at the time of application. (Ord. 97-1115, § 3; Ord. 09-1420, § 3)

§ 9182.26    Continuation of Vehicle Repair and Service.

A. Existing lawfully established vehicle repair and service uses located within the CR (Commercial, Regional), MU (Mixed-Use) District and all zones within one hundred (100) feet of residential zones shall obtain a Conditional Use Permit by the Planning Commission pursuant to CMC 9172.21. An application for a Conditional Use Permit shall be submitted within a five (5) year period of the effective date of the ordinance codified in this Section or prior to the termination of the amortization period, whichever provides the greater amount of time.

When approving a Conditional Use Permit, the Commission shall make findings regarding the adequacy of on-site parking and applicable development standards contained in CMC 9138.2. The Commission shall require, as a condition precedent to the continued use of the property under the Conditional Use Permit, that a report be submitted by the applicant, which shall provide and include plans to eliminate or mitigate any Building, Plumbing, Electrical and Fire Code deficiencies. The Commission may require additional improvements to the property, or any buildings or structures thereon, which may include but are not limited to the following:

1. New or rehabilitated landscaping;

2. Exterior changes to promote compatibility of buildings and structures with surrounding development;

3. General repairs to vehicular maneuvering or parking areas;

4. Modifications designed to bring a structure more nearly into compliance with the applicable standards for commercial uses.

This section shall not validate any existing illegal vehicle repair and service facilities. (Ord. 04-1322, § 10; Ord. 06-1363, § 9)

§ 9182.28    Payday Loans.

Existing lawfully established payday loan facilities as of April 7, 2009, may continue to operate without complying with the conditional use permit requirements of CMC 9172.21. (Ord. 09-1419, § 8)

Density Nonconformities

§ 9182.31    Nonconforming Residential Density for Sex Offenders.

A. A lawfully established temporary or permanent residence for a sex offender subject to the provisions of CMC 9122.9 and 9138.72 shall be permitted to continue indefinitely provided the residential dwelling unit is not occupied by more than one (1) sex offender, unless those persons are legally related by blood, marriage or adoption.

B. A lawfully established temporary or permanent residence for a sex offender subject to the provisions of CMC 9122.9 and 9138.72 which becomes nonconforming as a result of two (2) or more sex offenders, not legally related by blood, marriage or adoption, residing in the residential dwelling unit shall be made conforming within six (6) months from the effective date of the ordinance which results in the nonconformity. (Ord. 08-1413U, § 4; Ord. 08-1414U, § 3; Ord. 08-1413, § 4)

PART 9. DEFINITIONS

Sections:

§ 9191.016   Adult Business.   «Unamended section»

    Massage Service.

    Tattoo Service.

§ 9191.084   Check Cashing or Check Cashing Business.   «Unamended section»

§ 9191.176   Deferred Deposit or Deferred Deposit Originator.   «Unamended section»

§ 9191.391.5   Medical Marijuana Dispensary.   «Unamended section»

§ 9191.456   Payday Loan.   «Unamended section»

§ 9191.016    Adult Business.

Shall mean any one (1) of the following:

A. Any business wherein the preponderant business is the offering of services, materials, goods and/or products which are characterized by an emphasis on matter depicting, describing, or relating to “nude” or “semi-nude” persons or “specified sexual activities” between persons for observation by patrons therein. Such business shall include, but not be limited to, an adult bookstore, adult video store, adult arcade, adult theater or other similar business;

B. Any business which utilizes or encourages sexual arousal, sexual gratification and/or sexual stimulation of a customer or prospective customer in connection with the sale or offering for sale of service, goods or materials. Such business shall include, but not be limited to, Turkish bath, “nude” or “semi-nude” modeling studio, business using “nude” or “semi-nude” models in offering lingerie or intimate apparel for sale, sexual catharsis center, sexual encounter establishment, bondage or discipline parlor, escort bureau or other similar business; or

C. Any business, having as a portion of its goods for sale, products which replicate or are designed to simulate “specified anatomical areas,” as defined in CMC 9191.620, and which are designed to be placed on “specified anatomical areas” to cause sexual excitement thereof. Such business shall include, but not be limited to, a sexual novelty store or other similar business.

This definition of adult business does not apply, nor shall it be interpreted to apply, to any business conducted, operated by or employing licensed chiropractors, licensed physicians, licensed physical therapists, licensed psychologists, licensed social workers or licensed marriage family counselors when performing functions under or pursuant to their respective licenses. (Added by Ord. 94-1035U, § 8; Ord. 94-1037, § 9; Ord. 06-1349, § 7)

Massage Service. See CMC 9138.91(B).

Tattoo Service. See CMC 9138.92(B).

§ 9191.084    Check Cashing or Check Cashing Business.

Shall mean any business or type of service that is required to obtain a check casher permit from the Attorney General’s Department of Justice and/or provides services which include the acts of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose for compensation. Check cashing does not include any form of deferred deposit, payday loan, or short-term lending. (Ord. 09-1419, § 2)

§ 9191.176    Deferred Deposit or Deferred Deposit Originator.

Shall mean any business or type of service that is required to obtain a deferred deposit originator license from the California Department of Corporations and provides services such as a transaction whereby a person defers depositing a customer’s personal check until a specific date, pursuant to a written agreement for a fee or other charge. Also includes any type of short-term lending. (Ord. 09-1419, § 2)

§ 9191.391.5    Medical Marijuana Dispensary.

“Medical marijuana dispensary” means any establishment, business, enterprise, or location where marijuana is distributed, transmitted, given, or otherwise provided to qualified patients or primary caregivers in accordance with California Health and Safety Code Sections 11362.5 through 11362.83, inclusive, commonly referred to as “The Compassionate Use Act of 1996” and Senate Bill 420. A “medical marijuana dispensary” shall not include the following uses, as long as the location of such uses is otherwise regulated by this Code or applicable law: a clinic licensed pursuant to Health and Safety Code Division 2, Chapter 1; a health care facility licensed pursuant to Health and Safety Code, Division 2, Chapter 2; a residential care facility for persons with chronic life-threatening illness licensed pursuant to Health and Safety Code, Division 2, Chapter 3.01; a residential care facility for the elderly licensed pursuant to Health and Safety Code, Division 2, Chapter 3.2; a residential hospice or a home health agency licensed pursuant to Health and Safety Code, Division 2, Chapter 8; as long as any such use complies strictly with applicable law including, but not limited to, Health and Safety Code Section 11362.5 et seq. Medical marijuana dispensaries are prohibited in the City of Carson. (Ord. 08-1410, § 10)

§ 9191.456    Payday Loan.

See Deferred Deposit. (Ord. 09-1419, § 2)

CHAPTER 2
SUBDIVISION REGULATIONS*

Parts

1    General Provisions

9    Mobilehome Park Residential Conversions

*This Chapter was originally adopted by Ord. 77-414, adopted October 17, 1977. This chapter has been re-adopted in entirety by Ord. 80-543, adopted October 27, 1980. All amendments to this Chapter are noted within the section changed.

PART 1. GENERAL PROVISIONS

Sections:

§ 9201.7.3   Repealed.   «Unamended section»

§ 9201.7.3    Mobilehome Park Conversions to Resident Ownership.

Repealed by Ord. 06-1358. (Ord. 03-1281U, § 1)

PART 9. MOBILEHOME PARK RESIDENTIAL CONVERSIONS

Sections:

§ 9209.1   Purpose.   «Unamended section»

§ 9209.2   Applicability.   «Unamended section»

§ 9209.3   Application Requirements.   «Unamended section»

§ 9209.4   Tenant Notification.   «Unamended section»

§ 9209.5   Tentative Map and Preliminary Parcel Map Approval.   «Unamended section»

§ 9209.6   Effective Date of Decision and Appeals.   «Unamended section»

§ 9209.1    Purpose.

The purpose of these provisions is to promote greater individual choice in type, quality, price and location of housing; to provide for the housing needs of all segments of the population; to provide increased homeownership opportunities for all segments of the population; to mitigate the hardship caused by displacement of tenants, particularly those in low to moderate cost housing and those who are elderly, families with minor dependent children, the handicapped and the disabled; to promote the safety of conversion projects and correction of Building Code violations in such projects; to provide adequate off-street parking; to encourage construction of new rental units to replace units lost due to conversions; to protect the existing rental housing stock by reducing conversions; to ensure that conversions of mobilehome parks to resident ownership are bona fide resident conversions in accordance with state law; and to generally regulate projects in accordance with applicable general and specific plans and with the public health, safety and welfare. (Ord. 06-1358, § 1; Ord. 08-1401, § 1)

§ 9209.2    Applicability.

The provisions of this Part shall apply to all mobilehome park conversions and all tentative maps and preliminary parcel maps submitted for consideration subsequent to the date upon which the ordinance codified in this Part becomes effective. (Ord. 06-1358, § 1)

§ 9209.3    Application Requirements.

A. Compliance with Law. A conversion project shall comply with the Division of Land regulations in Chapter 2 of Article IX of the Carson Municipal Code, the provisions of this Part, and local ordinances and other applicable State laws such as Government Code Sections 66427.5 and/or 66428.1.

B. Information Required. In addition to the information required by other applicable sections of this Code and other applicable law, the following information shall be submitted at the time of filing:

1. Building Plans. Building plans or other documents containing the following information pertaining to the project and certified as to its accuracy by a licensed engineer:

(a) A description of the features of the type of common area building and project, including age, type of construction, number of dwelling units, excluding manufactured housing units; and

(b) A site plan, including common area buildings, structures, open spaces, and accessory storage areas and buildings including trash storage areas, and the footprint of each manufactured housing unit and other dwelling unit (if applicable); and

(c) A parking plan, including the total number of spaces actually provided and the total number required at the time of the original entitlement of the mobilehome park if different from that actually provided; dimensions of stalls, aisles and driveways; locations of columns, walls and other obstructions; and total number of covered and uncovered parking spaces and location and number of guest parking spaces; and

(d) A phase I and, if indicated from the phase I report, a phase II environmental report; and

(e) A soils report, if that same is required by the County of Los Angeles or indicated from the phase I report; and

(f) A Department of Real Estate budget (Form No. 623, as the same may be modified from time to time), which includes, but is not limited to, information regarding: (i) the condition of park infrastructure and common facilities and the necessity for any replacements of infrastructure and common area facilities or major repairs estimated for the remaining useful life; (ii) building component reports indicating conditions and estimated remaining useful life of the roof, foundation, plumbing, electrical, heating, air conditioning, other mechanical and structural systems, prepared by a registered civil or structural engineer, licensed general building contractor, licensed general engineering contractor or architect; (iii) a reserve study estimating the cost of replacing all these facilities over their useful life and a plan that provides adequate funding for same; and (iv) an estimate of the cost of all overhead and operating costs of maintaining the park, including, but not limited to, maintaining the park’s open space areas over the next thirty (30) years; and

(g) Floor and elevation plans, including indications of common and private areas (excluding manufactured housing units) and required exits; and

(h) All existing building inspection reports (if any such report has already been submitted to the California Department of Real Estate, a copy of such report shall be furnished to the City); and

(i) A structural pest control report, prepared by a licensed pest control contractor for all common areas; and

(j) A utility report, if the spaces within a park are not individually metered, confirming (i) the existence of adequate utility services, and (ii) indicating the feasibility of individual or submetering, prepared by qualified engineers; and

(k) All legal documents confirming the legal status of the park, including, but not limited to, documents (i) prepared for and defining the powers and duties of the proposed homeowners’ association, including articles of incorporation, bylaws, and conditions, covenants and restrictions; and (ii) any notice(s) from the Department of Housing and Community Development of claimed violations; and (iii) a general title report.

2. Survey of Residential Support. A survey of residential support conducted in compliance with subdivision (d) of Government Code Section 66427.5. The subdivider shall demonstrate that the survey was conducted in accordance with an agreement between the subdivider and an independent resident homeowners’ association, if any, was obtained pursuant to a written ballot, and was conducted so that each occupied mobilehome space had one (1) vote. The completed survey of resident support ballots shall be submitted with the application. In the event that more than one (1) resident homeowners’ association purports to represent residents in the park, the agreement shall be with the resident homeowners’ association which represents the greatest number of resident homeowners in the park. For purposes of determining whether a proposed conversion is a bona fide resident conversion, the following criteria shall be used:

(a) Where the survey of resident support conducted in accordance with Government Code Section 66427.5 shows that more than fifty (50) percent of resident households support the conversion to resident ownership, the conversion shall be presumed to be a bona fide resident conversion.

(b) Where the survey of resident support conducted in accordance with Government Code Section 66427.5 shows that at least thirty-five (35) percent but not more than fifty (50) percent of residents support the conversion to resident ownership, the subdivider shall have the burden of demonstrating that the proposed conversion is a bona fide resident conversion. In such cases, the subdivider shall demonstrate, at a minimum, that a viable plan, with a reasonable likelihood of success as determined by the decision maker, is in place to convey the majority of the lots to current residents of the park within a reasonable period of time.

(c) Where the survey of resident support conducted in accordance with Government Code Section 66427.5 shows that less than thirty-five (35) percent of residents support the conversion ownership, the conversion shall be presumed not to be a bona fide resident conversion.

3. Tenant Impact Report. The tenant impact report shall include all information required by State law or by the provisions of this Part, including the following:

(a) Identify the anticipated timetable for compliance with Government Code Section 66427.5(a); and

(b) Identify the method and anticipated timetable for making rent determinations required by Government Code Section 66427.5(f)(1); and

(c) Identify the number of tenants likely to be determined to be subject to Government Code Section 66427.5(f)(1); and

(d) Upon conversion, identify the number of tenants likely to be determined to be subject to Government Code Section 66427.5(f)(1) during the period within five (5) years following conversion; and

(e) Upon conversion, identify the number of tenants likely to be determined to be subject to Government Code Section 66427.5(f)(2); and

(f) Upon conversion, and during the period within five (5) years following conversion, identify the number of tenants likely to be determined to be subject to Government Code Section 66427.5(f)(2); and

(g) Include an analysis of the then-feasible mitigation measures to mitigate adverse impacts of the conversion on the ability of the mobilehome park residents, if such residents so choose, to find adequate comparable replacement space in a mobilehome park. The mitigation measures shall include all measures appropriate to assure that residents: (i) are not displaced by being given a reasonable opportunity to purchase in the park; or (ii) if displaced, through relocation assistance services, are substantially likely to be relocated to a comparable mobilehome park; and

(h) Include a survey of resident support meeting the requirements of Government Code Section 66427.5; provided, that the agreement between the subdivider and a resident homeowners’ association shall be subject to reasonable review by the City prior to approval by any resident homeowners’ association; and

(i) Include an analysis of how the subdivider will avoid the displacement of nonpurchasing tenants by providing the phased increase to market rent as outlined in Government Code Section 66427.5, and include the same in its tenant notice; and

(j) Include a showing that any assistance being provided to tenants to assist with housing purchase and the extent to which such assistance will be likely to permit purchase by eligible tenants, including, as applicable, assistance from private and public sources, including Federal and State. The subdivider shall meet with the City’s Redevelopment Agency staff and/or Housing Division staff to determine the resources in any public housing funding which may be set aside to assist in purchase, including the conditions of such assistance and which tenants can qualify and include this information in the report.

4. Resident Information. The following information shall be requested, but cannot be required, for all existing residents:

(a) Name and address of each resident; and

(b) Household size and total number of project occupants; and

(c) Consistent with Government Code Section 66427.5(f)(2), the subdivider shall provide a rent schedule for four (4) years preceding the application date and relocation assistance plan, if any, or if required by law; and

(d) Information concerning the number of residents in the park who are moderate-income, low-income, and very low-income persons as defined by the U.S. Department of Housing and Urban Development; and

(e) Information concerning the number of residents in the park who are disabled or handicapped; and

(f) Information concerning the number of the residents in the park who are senior citizens as defined by law.

5. Required Submittals and Notices. No application for tentative map or preliminary parcel map approval of a residential conversion project or a residential-to-other-use conversion project shall be accepted until the filing of the tenant impact report as required in subsection (B)(2)(g) of this Section and without adequate evidence from the subdivider that each resident of the project has received notice of the application as of the date of application and notice of the relocation assistance provisions of CMC 9209.4. Any person who becomes a resident of a residential rental unit proposed for conversion project after the date of such application shall be given written notice by the subdivider of the pendency of such application prior to entering into any written or oral rental agreement. (Ord. 06-1358, § 1; Ord. 08-1401, § 2)

§ 9209.4    Tenant Notification.

A. Notice of Tenant Impact Report. The subdivider shall give existing residents a copy of the tenant impact report within fifteen (15) days of the completion of such report, but not later than fifteen (15) days before the first public hearing pursuant to CMC 9209.5, and shall also provide a copy to new or prospective residents prior to acquiring their interest after the initial distribution of such report.

B. Notification of Exclusive Right to Purchase. In addition to all notification requirements by other provisions of State law, and by other applicable law, the subdivider shall give each resident of any proposed residential conversion project written notice of an exclusive right to contract for the purchase of the dwelling unit occupied by the tenant or purchase of a share in the corporation entitling the shareholder to enjoy exclusive occupancy of the unit upon the same or more favorable terms and conditions than those on which such unit or share will be initially offered to the general public. The right shall run for a period of not less than ninety (90) days from the issuance of the subdivision public report pursuant to California Business and Professions Code Section 11018.2, unless the subdivider receives prior written notice of the resident’s intention not to exercise such right.

C. Residential Conversion Project – Notification of Right to Continue Residency as a Resident. In addition to all notification requirements by other provisions of this Code and by other applicable law, the subdivider shall give each resident of any proposed residential conversion project written notice of the right to continue residency as a tenant in the park as required by Government Code Section 66427.5(a). (Ord. 06-1358, § 1)

§ 9209.5    Tentative Map and Preliminary Parcel Map Approval.

A. Maps Subject to General and Specific Plans and City Ordinances and Applicable Law. All tentative maps and preliminary parcel maps filed in connection with residential conversion projects shall be subject to the Division of Land Regulations contained in Chapter 2 of Article IX of the Carson Municipal Code, except as herein otherwise provided, all City ordinances and other applicable law. All such maps shall be subject to the general plan and any applicable specific plan. Pursuant to Government Code Sections 66427.5(e) and 66474, the Planning Commission and/or City Council are authorized to approve, conditionally approve, or disapprove a map. The Planning Commission and/or City Council may impose such other conditions in excess of those provided in this Part as are reasonably necessary to protect the public health, safety and general welfare.

B. Inconsistent with General or Specific Plans. The Planning Commission and/or City Council shall disapprove a tentative map or preliminary parcel map for a residential conversion project as required in the City’s Division of Land Regulations contained in Chapter 2 of Article IX of the Carson Municipal Code and Government Code Section 66474.

C. Inconsistent with Zoning and Land Pattern. The Planning Commission and/or City Council shall disapprove a tentative map or preliminary parcel map for a residential conversion project where the conversion would be inconsistent with either the existing zoning pattern or land use pattern, unless it finds that there are special circumstances which justify approval of the map. Such circumstances may exist only with respect to the following facts: (i) the prevailing pattern of residential and other land use in the vicinity of the project site; and (ii) the existing and anticipated need for other use development in the planning area in which the project is located.

D. Violations of Code. The Planning Commission and/or City Council shall disapprove a tentative map or preliminary parcel map for a residential conversion project if it finds that there are uncorrected violations of this Code, or that the conversion plan will not protect the health and safety and general welfare of residents, and that an adequate plan to correct such violations or to correct the factors adversely affecting health and safety has not been developed or accomplished.

E. Inadequate Tenant Impact Report. The Planning Commission and/or City Council shall disapprove a tentative map or preliminary parcel map for a residential conversion project if it finds that the tenant impact report is inadequate under the terms of Government Code Section 66427.5 or the provisions of this Part. (Ord. 06-1358, § 1)

§ 9209.6    Effective Date of Decision and Appeals.

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. (Ord. 06-1358, § 1)


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