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 |
|
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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) |
DA. |
Use permitted upon approval of a development agreement by the City Council subject to the requirements contained in Chapter 15 of Article VI. |
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ZONES |
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CN |
CR |
CG |
CA |
MU-CS |
MU-SB |
Retail Sales:* |
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* Alcoholic beverage sales, food services, and vehicle services are listed under separate headings. |
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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. |
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Convenience stores. |
C |
C |
|
|
C |
|
Discount stores. |
|
C |
C |
|
|
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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 |
|
|
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Ornamental brick, stone, tile or flagstone. (See CMC 9133.) |
|
|
C |
|
|
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Monuments, tombstones, statuary. |
|
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X |
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Feed and grain. |
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X |
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Secondhand store, pawn shop. |
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X |
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Retail Services:* |
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* Alcoholic beverage services, food services, and vehicle services are listed under separate headings. |
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Personal Services: |
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|
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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). (See CMC 9131.13(D).) |
X |
X |
X |
|
C |
C |
Animal hospital or clinic. |
X |
X |
X |
|
|
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Mortuary. (See CMC 9133.) |
|
|
C |
|
|
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Adult business. (See CMC 9133 and 9138.9; in MUR overlay district, see CMC 9131.13(D).) |
|
C |
C |
|
|
|
C |
C |
C |
|
C |
|
|
|
C |
C |
|
C |
|
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Mechanical and repair services: |
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|
|
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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 |
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|
X |
* Incidental lawnmower sharpening permitted. |
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Parcel delivery service. |
|
X |
X |
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|
X |
Graphic arts services: |
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Copying, addressographing, mimeographing, photostating, instant printing, blueprinting, silk screening, photography,** picture framing.*** |
X |
X |
X |
|
X |
X |
Photo-finishing, film developing. |
|
|
X |
|
|
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** Incidental photo-finishing and film developing permitted. |
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*** Incidental frame construction permitted. |
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Studios: |
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|
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Costume design, interior decoration, photography, writing, drama, dance, music, arts and crafts (including stained glass). |
X |
X |
X |
|
X |
X |
Stained glass assembly. |
|
|
X |
|
|
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Radio, television, recording. |
|
X |
X |
|
|
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Motion pictures – indoor. (See CMC 9133.) |
|
|
C |
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|
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Offices: |
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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 |
|
C |
|
Wholesale business, manufacturer’s agent, broker (no storage or deliveries other than samples). |
L |
L |
L |
|
|
X |
Food Sales and Service:* |
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|
|
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|
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* Alcoholic beverage sales and services are listed under separate headings. |
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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 and 9138.17.) |
X |
X |
X |
C |
C |
|
Restaurant, coffee shop, snack shop 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 |
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, indoor theater, or an eating establishment other than a bona fide restaurant. (See CMC 9138.5 and 9138.17.) |
C |
C |
C |
|
C |
|
Alcoholic beverage sales and service in conjunction with an arcade, pool hall, billiards, card room, or a bowling alley. (See CMC 9138.4 and 9138.5.) |
C |
C |
C |
|
|
|
Alcoholic beverage sales and service in conjunction with Class I entertainment per CMC 63125. (See CMC 9138.18.) |
|
|
|
|
|
C |
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:* |
|
|
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* See CMC 9131.13(D) for properties in an MUR overlay district. |
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Sales: |
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|
|
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Automobile service station, subject to the requirements of CMC 9138.14. (See CMC 9133.) |
C |
|
C |
|
|
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Automobile/vehicle washing, subject to the requirements of CMC 9138.14. |
C |
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 |
|
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Automobiles, recreation vehicles, and trucks not over 2-ton capacity (used – as primary use).* (See CMC 9138.15.) |
|
|
|
C |
|
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Recreation vehicles, over 2-ton capacity (new).* (See CMC 9133 and 9138.15.) |
|
X |
C |
L |
|
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Recreation vehicles, over 2-ton capacity (used – as accessory use).* (See CMC 9133 and 9138.15.) |
|
|
C |
L |
|
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Travel trailers or trailers, not over 2-ton capacity (new).* |
|
L |
L |
|
|
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Travel trailers or trailers, not over 2-ton capacity (used).* |
|
|
L |
|
|
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Trucks, trailers, over 2-ton capacity (new).* |
|
X |
C |
|
|
|
Trucks, trailers, over 2-ton capacity (used).* |
|
|
C |
|
|
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Recreation vehicles, rental and leasing. (See CMC 9138.15(C).) |
|
|
|
L |
|
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Boats and accessory equipment. |
|
C |
L |
|
|
|
Auctions for used automobiles, recreational vehicles, travel trailers, trucks or trailers, motorcycles or motorscooters, and related equipment and miscellaneous goods. (See CMC 9138.21.) |
|
L |
L |
C |
|
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* See CMC 9132.2 for incidental uses permitted. Also subject to the provisions of CMC 9138.2. |
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Rental and leasing: |
|
|
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|
|
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All vehicles up to 2-ton capacity. |
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|
L |
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All vehicles over 2-ton capacity. |
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|
C |
|
|
|
Repair of all vehicles up to 2-ton capacity (no boats): |
|
|
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|
|
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Automobile/vehicle service and repair. |
C |
C |
C |
|
|
|
Transportation-Related Uses: |
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|
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|
|
|
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 |
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|
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Access to other property lawfully used for purposes not permitted on subject property: |
|
|
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|
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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 |
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Communications and Utilities: |
|
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|
|
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Post office. |
X |
X |
X |
|
|
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Oil wells. (See CMC 9500 – 9537, Oil and Gas Code.) |
|
C* |
C* |
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|
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* Development agreement provisions apply as specified in CMC 9502 and 9508. |
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Telephone exchange. |
|
|
X |
|
|
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Amateur radio station. |
X |
X |
X |
|
|
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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: |
|
|
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|
|
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 |
|
|
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Recreation:* |
|
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* Alcoholic beverage sales and services are listed under separate headings. |
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Indoor team training facility. (See CMC 9162.21 and 9191.303.) |
X |
X |
X |
|
|
|
Pool hall, billiards, card room. (See CMC 9138.17 and 9138.18.) |
X |
X |
X |
|
C |
C |
Bowling alley. (See CMC 9131.13(D).) |
X |
X |
X |
|
|
C |
Bowling alley as an accessory use. |
X |
X |
X |
|
C |
C |
Health club. |
X |
X |
X |
|
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 |
|
|
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Indoor rink – roller skating, skateboards, ice skating. |
X |
X |
X |
|
|
|
Outdoor rink – roller skating, skateboarding, ice skating. |
|
X |
|
|
|
|
Lawn bowling, croquet courts. |
|
X |
X |
|
|
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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 |
|
|
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Large private recreational facilities – indoor or outdoor facilities (but not more than 1,000 spectator seats total): |
|
|
|
|
|
|
Gymnasium. |
X |
X |
X |
|
C |
C |
Badminton, handball, racquetball, squash courts. |
X |
|
X |
|
|
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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:* |
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* Alcoholic beverage sales and services are listed under separate headings. |
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Church, temple, or other place of religious worship. (In the CR Zone, see CMC 9138.22 and 9182.25; in an MUR overlay district, see CMC 9131.13(D).) |
X |
L |
X |
|
|
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Auditorium, meeting hall, wedding chapel. |
|
X |
X |
|
|
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Community center, lodge hall, private club. |
X |
X |
X |
|
|
|
Indoor theater (motion picture or live stage), night club. |
X |
X |
X |
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|
|
Outdoor theater (live stage, not a drive-in). |
|
X |
|
|
|
|
Public and quasi-public uses: |
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|
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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: |
|
|
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|
|
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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 |
X |
X |
X |
|
X |
X |
|
X |
X |
X |
|
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 |
|
|
|
|
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.) |
|
|
C |
|
|
|
Residential community care facility. |
|
|
C |
|
C |
C |
Single-room occupancy (SRO) housing. (See CMC 9128.7.) |
|
|
|
|
L |
L |
Supportive housing. |
|
|
|
|
X |
X |
Transitional housing. |
|
|
|
|
X |
X |
Accessory dwelling units and junior accessory dwelling units. (See CMC 9122.1.) |
L |
L |
L |
|
L |
L |
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. |
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Signs: |
|
|
|
|
|
|
Electronic message center signs. (See CMC 9136.7, also CMC 9138.15(E)(3)(c) for CA only.) |
C |
C |
C |
C |
|
|
Outdoor Advertising: |
|
|
|
|
|
|
Outdoor advertising sign in the Electronic Marquee Signage (EMS) overlay district, subject to the requirements of CMC 9138.71. |
|
|
L |
|
|
|
Recycling Facilities: |
|
|
|
|
|
|
Small collection recycling facility. (See CMC 9132.9 and 9138.6.) |
L |
L |
L |
|
L |
|
Communications Facilities: |
|
|
|
|
|
|
Minor communications facilities, subject to the requirement of CMC 9138.16. |
L |
L |
L |
L |
L |
L |
Major communications facilities, subject to the requirement of CMC 9138.16. |
C |
C |
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, and special events. (See CMC 9138.8.) |
D |
D |
D |
|
D |
D |
Fireworks stand. (See CMC 3101.0 – 3101.10.) |
CC |
CC |
CC |
|
CC |
CC |
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 |
|
|
|
Commercial Cannabis (See Chapter 15 of Article VI) |
|
DA |
DA |
DA |
|
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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, § 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; Ord. 11-1473, § 1; Ord. 11-1479, § 8; Ord. 11-1480, § 1; Ord. 12-1488, § 1; Ord. 13-1525, § 2; Ord. 14-1536, § 1; Ord. 16-1590, Exh. B (§ 6); Ord. 16-1602, § 2; Ord. 16-1603, § 2; Ord. 18-1823, § 2; Ord. 22-2211, § 14)
9131.12 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 applicable 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 oil wells and storage tanks.
3. Paving of no more than twenty (20) percent of the site.
4. Repair or minor alteration 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) of this Section 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. 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)
9131.13 Uses Permitted within a Mixed-Use Residential (MUR) Overlay District.
A. All uses permitted in accordance with CMC 9131.1, except as prohibited or regulated by this Section, are permitted within a Mixed-Use Residential (MUR) Overlay District.
B. In addition, multiple-family residential, residential condominiums, and mixed-use (commercial/residential) developments are permitted, subject to the approval of a Conditional Use Permit by the Planning Commission pursuant to CMC 9172.21 and the requirements of CMC 9138.7.
C. Home occupations are permitted in accordance with CMC 9128.4.
D. The following commercial uses are prohibited on properties with mixed-use (commercial/residential) development located thereon or within buildings or structures designed and intended for mixed use (commercial/residential) occupancy:
1. Animal services;
2. Arcade;
3. Bowling alley, as a primary use;
4. Drive-in establishment (any establishment where goods or services are rendered directly to occupants of motor vehicles while in vehicles);
5. Driving skill course;
6. Indoor mini-mart or auction house;
7. Public assembly uses, including but not limited to churches, temples or other places of religious worship, not associated with recreational areas designated for the exclusive use of permitted residential uses;
8. Sexually oriented business establishments; and
9. Vehicle sales and service.
E. Vehicle repair and service is permitted for non mixed-use commercial/residential developments, subject to the approval of a Conditional Use Permit by the Planning Commission pursuant to CMC 9172.21 and the requirements of CMC 9138.2. (Added by Ord. 94-1039, § 3; Ord. 04-1322, § 2)
9131.2 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.
9131.3 Prohibited Uses.
All uses are prohibited except as expressly permitted by the provisions of this Chapter.