Division 6. Site Development Standards

Buildings and Structures

9126.11 Reserved.

9126.12 Height of Buildings and Structures.

No building or structure shall exceed a height of thirty (30) feet as measured from the average grade of the existing or proposed curb abutting the subject lot. (Ord. 84-705, § 1)

Yards and Open Spaces

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)

9126.22 Future Rights-of-Way.

This Section is applicable only where portions of a lot are within areas planned to be part of future streets, alleys or public rights-of-way, as determined by the Director, and the acquisition of such portions would not reduce the lot area to less than eighty (80) percent of the required area or below four thousand (4,000) square feet, whichever is greater, and would not reduce the lot width below forty (40) feet.

In cases to which this Section is applicable, unless otherwise approved by the Commission, the portions of any lot within such future right-of-way areas shall not be occupied by structures other than those encroachments allowed in future right-of-way areas as provided in CMC 9126.29. All other required setbacks, yards and open spaces shall be provided in addition to the future right-of-way areas, and the future right-of-way lines shall be considered to be lot lines for purposes of measuring such other setbacks, yards and open spaces.

9126.221 Parking Setback.

Any garage having its vehicular access facing a public street shall be set back at least twenty-five (25) feet from the street property line.

Any automobile parking space, carport or garage having its vehicular access facing an alley shall be set back at least twenty-six (26) feet from the opposite side of the alley.

9126.23 Front Yard.

Each residential lot shall have a front yard with a required depth of twenty (20) feet or twenty (20) percent of the lot depth, whichever is less.

A required front yard shall not be occupied except as provided in CMC 9126.29 and 9162.3. (Ord. 84-705, § 2; Ord. 85-720, § 5; Ord. 90-917, § 1)

9126.24 Side Yards.

Each lot shall have a side yard width as follows:

Use	Minimum Side Yard Setback
Single-Family Dwellings	3 feet for lots smaller than thirty feet wide. 10 percent of the lot width for lots 30 to 50 feet wide. 5 feet for lots wider than 50 feet.
	Where the side of a lot abuts a street, the required side yard shall be twice the width required above.
Multiple-Family Dwellings and Residential Condominiums	6 feet for lots smaller than 30 feet wide. 20 percent of the lot width for lots 30 to 50 feet wide. 10 feet for lots wider than 50 feet.
Accessory Dwelling Units/Junior Accessory Dwelling Units	4 feet, unless the unit is a conversion of an existing legal structure with a setback of less than 4 feet. (See CMC 9122.1.)
Second Primary Units and Two (2) Unit Developments	4 feet, unless the unit is a conversion of an existing legal structure with a setback of less than 4 feet. (See CMC 9128.84.)

The above provisions may be waived, in connection with approval of a tract or parcel map, to permit the location of buildings at approximately one (1) inch from side lot lines provided compensating additional side yard space is provided on the opposite side of each lot and special noise absorbing walls are provided along the side lot line as specified in CMC 9163.2.

Required side yards shall not be occupied except as provided in CMC 9126.29. (Ord. 84-705, § 3; Ord. 85-720, § 6; Ord. 22-2211, § 9)

9126.25 Rear Yard.

Each lot shall have a rear yard with a minimum depth of fifteen (15) feet or fifteen (15) percent of the lot depth, whichever is less, with the exception of accessory dwelling units, which shall be developed consistent with the standards in CMC 9122.1, and second primary units and two (2) unit developments, which shall be developed consistent with the standards in CMC 9128.84. (Ord. 84-705, § 4; Ord. 22-2211, § 10)

9126.26 Passageway.

On each lot there shall be a passageway at least ten (10) feet in width extending from a street frontage to at least one (1) entrance to each dwelling unit and rooming unit, or where such units have access to a hallway within a building, the passageway shall extend to at least one (1) entrance to such hallway.

Passageway requirements for an accessory dwelling unit and junior accessory dwelling unit shall be consistent with the standards in CMC 9122.1.

A required passageway shall not be occupied except as provided in CMC 9126.29. (Ord. 22-2211, § 11)

9126.27 Space Between Buildings.

The minimum spacing between single-family dwellings, or single-family dwellings and multiple-family dwellings, is the sum of the yard setbacks, depending upon orientation, as required by Division 6 of this Part.

The spacing between main residential buildings within multiple-family dwelling projects or residential condominium projects shall be at least ten (10) feet, except where a parking space is proposed therein, in which case there shall be at least fifteen (15) feet between main buildings. Where an individual unit fronts on an interior courtyard, the separation from an adjacent main residential building shall be a minimum of twenty (20) feet. When main residential buildings are proposed to be separated by less than twenty (20) feet, the buildings shall not have windows, balconies, or patios directly opposing each other except for windows which open into stairwells or are located within vaulted ceiling areas where the height of the bottom of the window is no less than six (6) feet from the floor. When a project is designed with windows, balconies or patios that are part of an individual unit and the separation between the buildings is less than fifteen (15) feet, the Commission shall evaluate the project to ensure that adequate light, air, ventilation and privacy of all the residential units is provided and may require additional spacing up to twenty (20) feet to ensure the provisions of these elements, and allow for separation of building masses and higher quality of design.

Between any combination of main residential building, recreation building or two (2) story accessory building, there shall be a separation of at least ten (10) feet.

Between a main residential building and any one (1) story accessory building, there shall be a separation of at least six (6) feet. Notwithstanding the foregoing, accessory dwelling units and junior accessory dwelling units shall be consistent with the standards in CMC 9122.1.

A required space between buildings shall not be occupied except as provided in CMC 9126.29. (Ord. 84-705, § 5; Ord. 85-720, § 7; Ord. 92-977, § 1; Ord. 22-2211, § 12)

9126.28 Usable Open Space.

On each lot developed with single-family dwelling units, there shall be usable open space of at least one hundred thirty (130) square feet for each zero and one (1) bedroom unit and at least one hundred fifty (150) square feet for each two (2) or more bedroom unit.

In each condominium or multiple-family dwelling project, there shall be usable open space of at least thirty (30) percent of the net project areas for projects of one (1) acre or less, and at least forty (40) percent of the net project for projects greater than one (1) acre.

Required usable open space shall not be occupied except as provided in CMC 9126.29. (Ord. 84-705, § 6; Ord. 85-720, § 8)

9126.29 Encroachments.

Every part of a required yard or open space shall be open and unobstructed from finished grade or floor surface to the sky except for the facilities indicated by the following table.

Encroachments Permitted in Required Yards and Open Spaces*

Type of Encroachment		Section No. Reference	9126.22	9126.221	9126.23	9126.24		9126.25		9126.26	9126.27	9126.28
		Type of Yard	Future Right-of-Way Areas	Parking Setback (between street or alley & garage door or parking space)	Front Yard	Side Yard		Rear Yard		Passageway	Space Between Buildings (on same lot)	Usable Open Space
						Less than 60′ from front lot line	60′ or more from front lot line	50% of area – building encroachment permitted	50% of area required to remain open
Main Building	Addition to single-family dwelling (except an addition of an ADU)							Permitted for single-family use only. One-story, 16′ max. height. Not less than 5′ from rear lot line. Maintain required side yard. Not less than 4′ from side property line.
Accessory Buildings	Accessory dwelling unit							One-story, 16′ max. height. Not less than 4′ from rear lot line. Maintain required side yard. Not less than 4′ from side property line.
	Other accessory buildings & structures – one-story, 15′ max. height						Permitted. If less than 3′ from interior lot line, building wall to be at 1″ from lot line, no wall openings facing adjoining property, and prevent drainage onto adjoining property.
Projections from Buildings	Eaves, awnings & shading devices			Same as permitted in overlapping front, side, or rear yard.	May project up to 5′ into required yard but not less than 2-1/2′ from lot line.	At least 2-1/2′ from lot line.		May project up to 5′ into required yard but not less than 2-1/2′ from lot line.		Horizontal separation between eaves to be at least 1/2 of the required space between buildings.		Permitted.
										For passageway adjoining lot line eaves projection into required passage-way to be not more than 1/2 of required passageway width.
	Architectural features – cornices, sills, etc.			Not more than 1-foot projection.								Permitted.
	Utility meters			No restriction.
	Unenclosed & unroofed stairways, landings, porches & balconies				Platform or stair treads not more than 3′ above finished grade. Railing may extend not more than 3-1/2′ above such platform or tread. All such structures prohibited within 5′ of any existing or future street right-of-way.
	Cantilevered portions of building with at least 8′ headroom below											Permitted.
	Chimneys & fireplaces Cantilevered mechanical equipment					May project up to 2-1/2′ into required yard but not less than 2-1/2′ from lot line.				May project up to 2-1/2′ into required yard but not less than 2-1/2′ from lot line.
	Ground supported mechanical equipment, abutting or attached to building					Not less than 5′ from lot line.				Not less than 5′ from lot line. No obstruction of human passage around & between buildings.
	Covered porches				May project up to 5′ into the required yard. Covered porches are limited to the first floor, and shall be open on all three sides (support structures, arches and other architectural elements not to exceed 10% in the vertical plane). Must be architecturally compatible to existing structure (including, but not limited to, tie-in rooflines, matching roof and building materials, and colors). Covered porches exceeding 50% width or properties with less than the required 20′ or 20% front yard setback, are subject to Administrative Design Review and may encroach up to 5′ into required yard, but not less than 10′ from lot line.
Free-Standing Mechanical Equipment						Not less than 5′ from lot line; except, with a 5′ to 6′ high solid masonry wall along lot line, equipment may abut wall if equipment not higher than wall and if there is at least 5′ separation between equipment and main building.
Utility-Owned Facilities	Pole lines		Permitted in approved easements.
	Other aboveground facilities – transformer boxes, pedestal terminals, etc.		Located in approved easement. Height above finished grade not more than 3-1/2′.		Located in approved easement. Height above finished grade not more than 3-1/2′.	Located in approved easement. Height above finished grade not more than 6′. No obstruction of human passage around and between buildings.
Swimming Pool						Not less than 5′ from lot line.					Permitted
Fences, Walls, and Hedges			Same as permitted in adjoining front or side yard, or as provided as condition of tract or parcel map approval, or as required by other laws	Same as permitted in overlapping front, side, or rear yard if driveway gate is provided.	Height above finished grade not more than 3-1/2′, or as provided as condition of tract or parcel map approval, or as required by other laws.	Height above finished grade not more than 6′, or as provided as condition of tract or parcel map approval, or as required by other laws.
										Any fence, wall or hedge across passageway to have at least 2-1/2′ wide opening or gate.
Landscaping (other than hedges). Outdoor Recreation Equipment and Facilities			Permitted	No obstruction of driveway.	Permitted.
Outdoor Storage of Bulk Materials, Trash Area (See CMC 9164.1)			Same as permitted in adjoining side or rear yard. Not permitted in front yard area.			Must be screened from public view and not obstruct human passage around and between buildings.
Outdoor Parking of Automobiles, Boats, Trailers, Recreational Vehicles, etc.			Same as permitted in adjoining front, side or rear yard.	Permitted (not counted as required parking).	Permitted in driveway and as provided in Section 9162.3.	Must be screened from public view and shall not obstruct human passage around and between buildings. This restriction shall not apply to property on which a dwelling is located where the garage door does not face the street.
Real Estate Advertising Sign			One temporary sign per lot as provided in CMC 9126.7

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

Any person, firm or corporation violating any provision of this Section shall be guilty of an infraction and shall be punishable as provided in Chapter 2 of Article I of this Code. (Ord. 79-479, § 6; Ord. 90-917, § 2; Ord. 01-1227, § 1; Ord. 11-1479, § 6; Ord. 22-2211, § 13)

Other Site Development Standards

9126.3 Fences, Walls and Hedges.

A fence, wall or hedge shall not exceed a height of six (6) feet above the finished grade at each point along the fence, wall or hedge. Where there is a difference between the grades on the two (2) sides of the fence, wall or hedge, the higher grade shall be used.

The height limitation of this Section shall not apply in any case where it is in conflict with any other City ordinance or State law or regulation.

9126.4 Trash Areas.

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

9126.41 Trash and Recycling Areas.

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

9126.5 Repealed.

Repealed by Ord. 86-749.

9126.6 Parking, Loading and Driveways.

The number and type of parking spaces required for each use shall be as provided in CMC 9162.21.

Each parking space and loading area shall have driveway access from a public street or alley.

(See Division 2 of Part 6 of this Chapter for dimensions, improvement standards and other requirements for parking, loading areas and driveways.) (Ord. 80-532, § 3)

9126.7 Signs.

A. Real Estate Advertising. Real estate advertising signs are permitted subject to the following:

1. One (1) unlighted real estate sign is permitted, not to exceed three (3) square feet in area and four (4) feet in height if on a straight stake or stakes or six (6) square feet in area and six (6) feet in height if on a colonial post. Information may be printed on both sides of the sign, but it shall be restricted to the sale, lease or rental of the premises on which the sign is located.

2. Such sign shall be situated not less than ten (10) feet from the inside line of the sidewalk, or if there is no sidewalk, from the property line, except if the building setback on such premises is less than ten (10) feet, such sign shall be situated not less than one-half (1/2) the setback from the inside line of the sidewalk or property line.

3. Two (2) riders, not larger than six (6) by twenty-four (24) inches containing advertising matter pertinent to the premises, is permitted to be placed under the real estate advertising sign. Information may be printed on both sides of the riders.

4. Real estate advertising signs shall be removed from the premises at the close of escrow.

5. No more than five (5) lead-in signs, not to exceed four (4) square feet in area each, shall be permitted for new single or multi-unit developments. No such signs shall be permitted for existing developments.

6. No more than four (4) real estate flags, pennants or banners, in any combination, shall be permitted per street frontage on single or multi-unit property being sold, leased or financed.

7. On-Site Open House Signs. Open house signs placed on the property that is for sale are subject to the following regulations:

(a) One (1) on-site open house sign, not to exceed three (3) square feet in area and not to exceed three (3) feet in height, shall be permitted.

(b) Open house signs shall be placed on-site only during the hours that an open house is occurring at the property advertised, and at which the seller or his/her representative is present; provided, that on-site open house signs shall only be placed on-site on Saturdays, Sundays and Federal holidays between the hours of 10:00 a.m. and 6:00 p.m.

(c) No open house signs shall be placed so as to obstruct pedestrians’ and motorists’ view of signs erected by a local, State, or Federal governmental agency, including but not limited to traffic signs, public directional signs, parking signs, and street address signs.

(d) No open house signs shall be placed so as to obstruct or hinder sidewalk or street access by pedestrians and vehicles.

(e) No open house signs shall be placed so as to obstruct ingress and egress to any public or private property.

(f) Open house signs shall not be designed or constructed to cause undue distraction to motorists. For example, signs shall not be illuminated, either internally or externally, shall not have flashing lights, shall not have any moving parts, shall not generate any source sounds (including radio waves), and shall not release steam or smoke.

(g) Open house signs shall be subject to any other reasonable restrictions, or modifications to the above restrictions, which the Community Development Director finds are necessary to further the purposes of this code, consistent with the type of sign or business.

8. Off-Site Open House Signs. Open house signs on private property that is not the property for sale are subject to all of the following limitations:

(a) Signs shall not be permanently affixed, but should be anchored or weighed down to prevent them from falling or being blown into the street or sidewalk.

(b) The purpose of the sign is limited to indicating in which direction potential buyers or customers should proceed to locate the open house.

(c) Off-site open house signs may only be placed on private property, subject to the property owner’s permission.

(d) Consistent with CMC 9167.3(E) and 5316, open house signs may not be placed in the public rights-of-way or be placed in, posted, or affixed to any public property or structures, which shall include, but not be limited to, City-owned or City-run facilities, including parking areas, sidewalks, public parks, medians, parkways, streets, utility poles, light or traffic light poles, traffic signs or traffic sign poles, or street trees.

(e) No more than two (2) off-site open house signs per property for sale are permitted.

(f) A distance of five hundred (500) feet or more is required between individual open house signs on the same street, which purpose is to direct persons to a particular address or property. This limitation does not apply to signs that pertain to different properties for sale.

(g) The background sign area of an open house sign shall be no larger than three (3) square feet.

(h) All open house signs shall not exceed three (3) feet in height, measured from the highest street grade in contact with the sign to the top of the sign.

(i) No open house signs shall be placed so as to obstruct pedestrians’ and motorists’ view of signs erected by a local, State, or Federal governmental agency, including but not limited to traffic signs, public directional signs, parking signs, and street address signs.

(j) No open house signs shall be placed so as to obstruct or hinder sidewalk or street access by pedestrians and vehicles.

(k) No open house signs shall be placed so as to obstruct ingress and egress to any public or private property.

(l) Open house signs shall be placed off site only during the hours that an open house is occurring at the property advertised on the sign, and at which the seller or his/her representative is present; provided, that open house signs for each property for sale shall only be placed off site on Saturdays, Sundays, and Federal holidays, between the hours of 10:00 a.m. and 6:00 p.m.

(m) Open house signs shall not be designed or constructed to cause undue distraction to motorists. For example, signs shall not be illuminated, either internally or externally, shall not have flashing lights, shall not have any moving parts, shall not generate any source sounds (including radio waves), and shall not release steam or smoke.

(n) Open house signs shall be subject to any other reasonable restrictions, or modifications to the above restrictions, which the Community Development Director finds are necessary to further the purposes of this code, consistent with the type of sign or business.

(o) No off-site open house sign shall be erected prior to obtaining an open house sign permit. A permit must be obtained per property sold, and is valid for seven (7) days from the effective date of the permit. Permits will be issued by the Director upon request, and may be subject to a permit fee as determined by City Council resolution. No open house sign permit shall be construed to permit any violation of the provisions of this Section, or of any other applicable provision of the Carson Municipal Code.

9. All on-site flags, pennants, banners, open house signs, and all lead-in signs shall be permitted only on Saturdays, Sundays, and Federal holidays, between the hours of 10:00 a.m. and 6:00 p.m.; provided, that a representative of the real estate firm or the property owner is present at all times while such signage is displayed.

10. For condominium developments, only one (1) master post shall be permitted for all real estate advertising signs, open house signs, and riders. The height of the master post shall not exceed eight (8) feet.

11. A placard not over two (2) square feet in area may be placed in the window of a residential building indicating a unit is available for sale, rent or lease.

12. Except as provided for in subsection (A)(8) of this Section, no off-site real estate advertising or open house signs are permitted.

13. Violations.

a. Violations of this subsection (A) shall be subject to the following civil fines within a calendar year: (a) $50.00 for the first violation; (b) $75.00 for the second violation; and (c) $100.00 for the third and any subsequent violation.

b. Fines shall be payable within thirty (30) days of issuance. Late payment shall incur a late penalty equal to the amount of the fine. The failure of any person, within sixty (60) days of the date of issuance of a fine, to pay the fine and any applicable late penalty, may result in the matter being referred to the Director of Finance to file a claim with the small claims court. Alternatively, the City may pursue any other legal remedy to collect the civil fines. The City may also recover its collections costs according to proof.

c. Violations shall be recorded by realtor office address, rather than by individual property for sale; provided, that if the property is being sold by its owner, the violations shall be recorded against the property that is for sale.

d. The remedies provided in this Section are in addition to any other remedies and penalties that may be available under the Carson Municipal Code and the laws of the State of California.

B. Identification Sign. For each multiple dwelling or rooming house, or permitted agricultural use in the RA Zone, one (1) unlighted sign not exceeding six (6) square feet in area and four (4) feet in any dimension may be placed on the wall of the building providing it does not extend above or out from the front wall and indicates only the name and address of the premises. (Ord. 78-434)

C. Nonresidential Uses. Identification signs for nonresidential uses may be erected subject to the following:

1. Not more than two (2) sign structures shall be permitted on a lot, except the Director may approve additional signs if he finds there are more than two (2) separate nonresidential uses on the same lot, the location of not more than two (2) sign structures would constitute an unnecessary hardship on the property owner, and the additional signs would not be materially detrimental to the public health, safety and general welfare.

2. The total sign area per lot shall not exceed an area in square feet equal to the linear feet of lot frontage on a public street or streets. Lot frontage on a freeway shall not be considered in computing this figure.

3. When the total frontage of a lot is less than the square root of the lot’s area, said frontage shall be deemed to be equal to the square root of the lot’s area for the purpose of determining the permitted sign area.

4. A pole sign shall not be permitted.

5. A ground sign in excess of three and one-half (3-1/2) feet in height shall not be permitted. The distance between the ground elevation and the bottom of a ground sign shall not exceed one (1) foot.

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

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

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

9. Streamers, banners, pennants and similar displays are not permitted; provided, however, that streamers, banners, pennants and similar displays may be attached directly upon the structure of a lawfully erected fireworks stand (see CMC 3101.0 through 3101.10) without necessity of a banner permit.

10. Christmas decorations displayed between thirty (30) days prior to and fifteen (15) days after December 25th are not subject to zoning regulations.

11. Official public events, including but not limited to national, state and local elections, are not subject to zoning regulations. (Ord. 80-514)

D. Except as provided for violations of subdivision (A) of this Section, any person, firm or corporation violating any provision of this Section shall be guilty of an infraction and shall be punishable as provided in Chapter 2 of Article I. (Ord. 79-479, § 6; Ord. 01-1225, § 3; Ord. 15-1563, §§ 3, 4)

9126.8 Utilities.

In D (Design Overlay) designated areas, all new utility lines, other than major transmission lines, shall be placed underground. This requirement may be waived by the Commission where topography, soil, undue financial hardship or other conditions make such underground installation unreasonable or impractical. Undergrounding shall be in accordance with the applicable rules and regulations of the utility, as currently on file with the California Public Utilities Commission.

All aboveground equipment (other than pole lines when permitted), such as transformers and pedestal terminals, which are visible from an adjacent public street or walkway, shall be within a solid enclosure or otherwise screened from public view. Such enclosure/screening shall be in accordance with the utility’s service requirement. (Int. 3-79; Ord. 11-1479, § 7)

9126.9 Site Planning and Design.

A. Within any D (Design Overlay) designated area, all development subsequent to the date of such designation shall be in conformance with development plans which have been approved pursuant to the Site Plan and Design Review procedure as provided in CMC 9172.23.

No permit shall be issued for grading or construction involving significant exterior changes, as determined by the Director, which is not in conformance with such approved development plans.

B. The D (Design Overlay) designation in conjunction with a residential development is intended:

To promote residential amenities beyond those expected under conventional development.

To develop attractive neighborhoods through creative and imaginative planning as a unit.

To achieve a higher quality of design through flexibility of development standards and integrated planning, design and control of development.

To achieve harmony between each development and the existing or future surrounding development.

To assist in improving the quality and quantity of housing available to meet the needs of all social and economic groups within the community.

To preserve areas of natural scenic beauty or of historical, cultural or scientific interest.

To provide for appropriate use of land which is sufficiently unique in physical characteristics or other circumstances to warrant special methods of development.

C. In approving development plans, the approving authority may allow deviations from the Residential Site Development Standards (Division 6 of this Part) and may impose additional requirements as conditions of approval if the approving authority finds in writing that such deviations and additional requirements are justified in order to achieve one (1) or more of the objectives listed above.

Approval of development plans in a D (Design Overlay) designated area also shall be subject to the following provisions:

1. Open Space. Open space shall comprise not less than thirty (30) percent of the net project area.

Subject to the approval of the approving authority, open space may include one (1) or more of the following, designated for the use and enjoyment of all the occupants of the planned residential development or appropriate phase thereof:

Common open space developed for recreation purposes.

Areas of scenic or natural beauty forming a portion of the proposed development.

Present or future recreational areas of noncommercial nature including parks and playgrounds. Where specifically approved by the approving authority, green fees or similar charges related to use of a golf course or similar open recreational use may be permitted, provided such charges are incidental to operation of said facilities, are not primarily commercial in nature, and do not alter the character of said recreational facility.

Present or future hiking, riding or bicycle trails.

Landscaped portions adjacent to streets or highways which are in excess of minimum required rights-of-way.

Other similar areas determined appropriate by the approving authority.

In approving said open space, the approving authority shall give consideration to the project to be developed; the characteristics of such open space; the manner in which the open space is to be owned, improved and maintained; and such other information as the approving authority deems pertinent. Reservation of open space shall be made a condition of approval. Such reservation shall be by public dedication, establishment of a maintenance district, common ownership or other satisfactory means to ensure the permanent reservation of and perpetual maintenance of required open space.

2. Development Schedule. The approving authority may approve a development schedule permitting a project to be developed in more than one (1) phase.

A project developed in phases shall be designed so that each successive phase will contain sufficient open space to independently qualify under subsection (C)(1) of this Section.

Modifications in the development schedule may be approved by the approving authority in subsequent development plan approvals.

3. Landscaping. A plan for landscaping all open areas shall be submitted to and approved by the approving authority.

4. Division of Lots. In addition to a tentative division of land map when required by the Subdivision Ordinance of the City of Carson (Chapter 2 of Article IX of the Carson Municipal Code), where lots are to be sold or separated in ownership from other property in the development, or applicable phase thereof, a map shall be submitted to the approving authority indicating the proposed boundaries of the lots to be sold or separated in ownership. Where the proposed division would create one (1) or more lots having an area, width or frontage less than the normal site requirements as provided in Division 5 of this Part, said map shall also delineate the relationship between said lots and open space provided as required in subsection (C)(1) of this Section. The approving authority may approve the proposed division in ownership if it finds the relationship between the proposed lots and the designated open space affords effective use and enjoyment of said open space to the occupants of each of said lots.

5. Sale or Separation of Lots. Where lots are sold or otherwise separated in ownership, no dwelling unit or lot for a residential building shall be sold or encumbered separately from an undivided interest in the open space appurtenant to such dwelling unit or lot as required by subsection (C)(1) of this Section. Such undivided interest shall include either an undivided interest in the open space or a share in the corporation or voting membership in an association owning this open space where approved as provided in subsection (C)(1) of this Section. This provision shall not apply when said required open space has been accepted for public dedication, or where held in separate ownership with recreational rights to the required open space reserved to the lot owners and maintenance easements granted to an established maintenance district, or where other means are established which will ensure the permanent reservation and perpetual maintenance of required open space.

9126.91 Site Planning and Design – Residential Projects That Include Affordable and/or Senior Citizen Households.

A. Residential projects that include affordable and/or senior citizen households shall be those projects in which a minimum of ten (10) percent of the units are provided for affordable and/or senior citizen households.

1. “Affordable households” shall mean and include “very low income,” “lower income,” “low income” or “moderate income” households defined as follows:

“Very low income households” shall mean those households with an income that is fifty (50) percent or less of the “area median family income” published approximately annually by the State Department of Housing and Community Development Department (HCD) based on information provided by the Federal Department of Housing and Urban Development (HUD).

“Lower income households” shall mean those households with an income that is more than fifty (50) percent or sixty (60) percent or less of the “area median family income” published annually by HCD based on information provided by HUD.

“Low income households” shall mean those households with an income that is more than sixty (60) percent or eighty (80) percent or less of the “area median family income” published annually by HCD based on information provided by HUD.

“Moderate income households” shall mean those households with an income that is more than eighty (80) percent or one hundred twenty (120) percent or less of the “area median family income” published annually by HCD based on information provided by HUD.

2. “Senior citizen households” shall mean those households in which the residents are persons at least fifty-five (55) years of age.

B. Maximum Monthly Rents or Mortgage Payments and Terms of Affordability. The maximum monthly rents or mortgage payments for “affordable” and “senior citizen” units are as follows:

Income Category	Maximum Monthly Rent or Mortgage Payment
Very low income	(.5 x area median family income x .3) 12
Lower income	(.6 x area median family income x .3) 12
Low income	(.8 x area median family income x .3) 12
Moderate income	(1.2 x area median family income x .3) 12
Senior citizen	No income limitation

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

	Owner Occupied	Rental
Type of Unit	Minimum Time	Minimum Time
Affordable	15 years*	30 years
Senior citizen	15 years*	30 years

*Or such other time length as determined by the Planning Commission.

The above formulas shall also consider the number of bedrooms per unit.

C. Deviations and Conditions.

1. In approving development plans for residential projects qualifying under this Section, the approving authority may allow deviations from the following development standards:

a. Site Requirements in CMC 9125.2, 9125.3 and 9125.4;

b. Residential Site Development Standards in Division 6 of this Part; and

c. Vehicular Parking, Loading and Maneuvering Areas development standards in CMC 9162.1 and 9162.21.

d. The following portions of CMC 9128.15 for Residential Condominiums and CMC 9128.54 for Multiple-Family Dwellings: Private Open Space, Length of and Separation Between Buildings, Landscaping Requirements, Recreational Facilities.

2. The approving authority may impose additional requirements as Conditions of Approval if it finds in writing that such deviations and additional requirements are justified in order to achieve one (1) or more of the objectives listed in CMC 9126.9(B).

3. As a guideline to be used in considering development plans for residential projects qualifying under this Section, the approving authority shall utilize the development criteria as provided for in CMC 9128.16 and 9128.55 in addition to the following criteria:

The project should be a comprehensive and integrated design, providing for its own open space, landscaping, recreational facilities, off-street parking and amenities for contemporary living. Any deviations from the requirements of the Zoning Ordinance should not significantly reduce or alter the design of the project to the extent that overall qualities of the architecture and site plan are compromised.

Architectural unity and harmony should be achieved both within the project and between the project and the surrounding community so that the project does not constitute a disruption to the established fabric of the community. The height of proposed structures should be compatible with the existing and anticipated development within the area. To the extent feasible, structures should be designed to reduce height adjacent to existing buildings of smaller scale and the public right-of-way.

Consideration should be given to innovative design which effectively provides for residential projects of higher density while assuring adequate fire protection, water supply, vehicular and pedestrian circulation and other public services.

In designing projects which are intended for affordable residential development, consideration may be given to a reduction in lot area, configuration and street frontage for single-family residential lots. The design of the subdivision should be compatible with existing single-family developments within the immediate neighborhoods. Lot sizes should not be less than four thousand (4,000) square feet in area and should provide sufficient widths and street frontages to allow for adherence to minimum front, side and rear yard setback requirements. The single-family homes should utilize innovative design concepts which create an attractive neighborhood. (Ord. 92-972, § 2)