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

Second primary unit, subject to CMC 9128.81 through 9128.88.

 

L

 

Two (2) unit development, subject to CMC 9128.81 through 9128.88.

 

L

 

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

L

L

L

Accessory dwelling units and junior accessory dwelling units. (See CMC 9122.1.)

L

L

L

Multiple-family dwellings on lots 50 feet wide or greater. (See CMC 9123 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

Single-room occupancy (SRO) housing. (See CMC 9128.7.)

 

 

L

Supportive housing.

X

X

X

Transitional housing.

X

X

X

Permanent Nonresidential Uses:

Public, elementary or secondary school.

X

X

X

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

 

 

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 9500 – 9537, Oil and Gas Code.)

 

 

 

Temporary Uses:

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

L

L

L

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

L

L

L

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

L

L

L

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

L

L

L

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

LD

LD

LD

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

CC

CC

CC

Tent revival.

CC

CC

CC

Fireworks stand. (See CMC 3101.0 through 3101.10.)

 

 

CC

Wireless Telecommunications Facilities:

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

C

C

C

Any person, firm or corporation violating any provision of this Section shall be guilty of an infraction and shall be punishable as provided in Chapter 2 of Article I. (Ord. 79-479, § 6; Ord. 80-532, §§ 2, 3; Ord. 81-585, § 1; Ord. 82-602, § 1; Ord. 84-700, § 1; Ord. 85-720, § 1; Ord. 86-765U, § 1; Ord. 92-972, § 1; Ord. 95-1079, Exh. A; Ord. 01-1225, § 2; Ord. 03-1284, § 1; Ord. 09-1426, § 2; Ord. 13-1525, § 1; Ord. 16-1590, Exh. B (§ 2); Ord. 22-2210, § 4; Ord. 22-2211, § 3)

9121.12 Uses Permitted on Organic Refuse Landfill Sites.

A. No use, except as hereinafter provided, shall be permitted on property designated as ORL (Organic Refuse Landfill) without the approval of a conditional use permit by both the Commission and the Council. Such conditional use permit shall require, as a condition precedent to use of the property under the conditional use permit, approval by the Building and Safety Division and the Council of a report submitted by the applicant pursuant to the provisions of the Building Code, prepared by a licensed civil engineer designated by the applicant and approved by the City, which shall provide and include plans for a protective system or systems designated to eliminate or mitigate the potential hazards and environmental risks associated with the proposed use. Approval of such report by the Building and Safety Division shall be in the discretion of the Building Official, who shall evaluate any risks and hazards associated with the site and proposed use, and who may grant approval only if he finds that the report and plans adequately provide for protection against such associated risks and hazards. The Building Official’s approval shall be submitted to the Council for final approval which will be in the discretion of the Council.

The following uses are exempt from the provisions of this Section:

1. Uses which do not involve buildings or structures, including but not limited to outdoor storage, display and outdoor recreational facilities.

2. Construction of structures which are unoccupiable, such as signs, flagpoles, walls, fences and towers, but not including storage tanks.

3. Paving of no more than twenty (20) percent of the site.

4. Repair or minor alterations to existing structures which do not increase floor area. (Ord. 78-449; Ord. 81-560, § 1; Ord. 82-586, § 1)

B. An application for a conditional use permit required by subsection A shall be considered in accordance with CMC 9172.21, except that the Commission’s decision shall be referred to the Council for review as if an appeal had been filed pursuant to CMC 9173.4.

C. Every conditional use permit for a use located on property designated as ORL (Organic Refuse Landfill) shall be subject to the following conditions in addition to any other conditions that the Commission or the Council may impose:

1. Approval by the Building Official of the report provided for in subsection A of this Section.

2. The applicant shall comply with a development schedule approved by the Community Development Director.

3. All measures to eliminate or mitigate the hazards and environmental risks associated with the site proposed in the report approved by the Building Official provided for in subsection A of this Section shall be subject to approval by the Council and shall be incorporated into the project. Such measures shall include monitoring, evaluation and control of methane gas produced by the site as the City shall determine to be necessary to protect the public health, safety or welfare with respect to the production or migration of methane gas.

4. Monitoring and regular inspections and reports by a licensed civil engineer designated by the applicant and monitored, evaluated and approved by the Building Official shall be done and filed with the City from time to time as directed by the Building Official at the applicant’s cost.

5. The mitigation measures required by subsection (C)(3) shall be implemented to the satisfaction of the Building Official and City Council. In the event that the Building Official or Council finds that such measures when implemented are inadequate to protect the public health, safety, or welfare, the Building Official or Council may (1) require additional mitigation measures to be incorporated into the project, or (2) after notice to the applicant and an opportunity to be heard, declare the conditional use permit null and void if the Council finds that the public health, safety or welfare cannot be adequately protected to the satisfaction of the Council.

6. Adequate measures shall be taken to eliminate odors from the site to the satisfaction of the Building Official.

7. The applicant shall, at the applicant’s own expense, carry public liability insurance during the existence of the conditional use permit, with a company and policy to be approved by the City Attorney, covering liability for injuries or death arising out of or in connection with the use of the site pursuant to said permit in an amount not less than $5,000,000. The City shall be named as an additional assured under such insurance policy.

D. Whenever both subsection A and any other section of this Chapter require a conditional use permit for a particular property, only one (1) conditional use permit shall be required, which shall be applied for, processed and considered pursuant to the provisions of subsection B of this Section. The application and conditional use permit, if approved, shall refer to both sections which are applicable.

E. Subsection A of this Section shall not apply to the following:

1. Any lawfully established existing use.

2. An expansion of an existing, lawfully established use on a lot on which such existing use was approved provided that the existence of an organic refuse landfill in such lot is shown by the record to have been considered by the granting body in connection with the approval of such existing use.

3. Any proposed use for which a conditional use permit requiring approval of methane gas control measures by the Council either (1) has been granted, or (2) has been applied for and is being processed on the effective date of this Section; provided, that subsection A shall apply if such conditional use permit which has been granted expires, is declared to be null and void or is otherwise terminated or if such conditional use permit for which an application is being processed is thereafter denied. (Ord. 78-449; Ord. 79-471; Ord. 81-560, § 1; Ord. 16-1590, Exh. B (§ 3))

9121.2 Interpretation of Uses Permitted.

Further definition and enumeration of uses permitted in the various residential zones shall be determined by means of interpretation in accordance with CMC 9172.24.

9121.3 Prohibited Uses.

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