Division 6. Site Development Standards
Buildings and Structures
9136.11 Buildings Required.
Except as otherwise required, permitted or limited by this Chapter, all activities and facilities other than the following shall be located within a permanent building:
Sidewalk, parking lot, and tent sales.
Outdoor recreation, carnival, mechanical rides, pony rides outdoor festival, circus, rodeo.
Outdoor theater.
Outdoor seating in connection with a restaurant or other building housing a food sales or service establishment.
Vehicular access, parking areas, loading areas, taxi stands.
Mechanical, electrical, and other utility facilities.
Signs, outdoor displays, outdoor storage.
Agricultural cultivation and sales.
Archaeological dig.
Outdoor activities customarily incidental to the permitted use, subject to the approval of the Director.
Similar activities or facilities as determined in accordance with the Interpretation procedure of CMC 9172.24. (Ord. 88-857, § 2)
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)
9136.13 Uses Permitted in Residential Structures.
No uses except residential uses shall be permitted in residential structures, unless the conversion of such structures meets the requirements of CMC 9182.09. (Added by Ord. 93-1021, § 1)
Yards and Open Spaces
9136.21 Reserved.
9136.22 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.
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 9136.29. 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.
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 – |
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)
9136.26 Reserved.
9136.27 Space Between Buildings.
Buildings on the same lot shall be either abutting each other or there shall be a separation of at least six (6) feet. Where there is a separation and both buildings are more than thirty (30) feet in height (CR Zone and MUR Overlay District only), the required separation shall be increased by one (1) foot for each two (2) feet of height above thirty (30) feet on the lower building. (Ord. 94-1039, § 11)
9136.28 Reserved.
9136.29 Encroachments.
Every part of a required yard or open space shall be open and unobstructed from finished grade to the sky except for facilities and activities as follows:
A. Projections from buildings (such as eaves, awnings and shading devices; signs; architectural features; utility meters, conduits and pipes; unenclosed and unroofed stairways, landings, porches, and balconies; chimneys; and mechanical equipment) may project into a required yard not more than one-half of the width of the required yard, except that the only such projections permitted into a required front yard or a required side yard abutting a street shall be for eaves, awnings, shading devices, architectural features and signs. No projections are permitted into future right-of-way areas as determined under CMC 9136.22.
B. Free-standing mechanical equipment is not permitted in any required yard except those additional yard areas required because of building or structure height greater than thirty (30) feet (CR Zone only.)
C. Utility-owned facilities are permitted in any required yard if also located in an approved utility easement.
D. Signs are permitted in required yards other than in existing or future street rights-of-way if in accordance with the provisions of CMC 9136.7.
E. Swimming pools are permitted in required yards other than future right-of-way areas provided the pool is set back from the front lot line at least twenty (20) feet or twenty (20) percent of the lot depth, whichever is less, and is not less than five (5) feet from any other lot line.
F. Fences, walls and hedges are permitted as required by other laws or regulations or as a condition of a tract or parcel map approval, or shall not be higher than six (6) feet above finished grade in a future right-of-way area, front yard, side yard abutting a street, or yard abutting a residential zone. In a required front yard and any abutting future right-of-way area, any portion of a fence, wall or hedge above three and one-half (3-1/2) feet in height shall not impair vision by obscuring more than ten (10) percent of the area in the vertical plane.
G. Landscaping (other than hedges) is permitted in any required yard or open space.
H. Outdoor display of goods for sale or rental. The following items may be displayed in any required yard area, but not in a required parking area:
Vehicles (automobiles, motorcycles, motorscooters, bicycles, recreational vehicles, trucks, mobile homes or other vehicles).
Boats.
Agricultural produce.
Nursery stock.
Flowers and plants.
Christmas trees.
Similar items as determined in accordance with the Interpretation procedure of CMC 9172.24.
The following items may be displayed in yard areas other than a required front yard and any abutting future right-of-way area, but not in a required parking area:
Garden equipment and supplies.
Building materials.
Monuments, tombstones, statuary.
Similar items as determined in accordance with the Interpretation procedure of CMC 9172.24.
I. Outdoor storage is permitted only in the CG Zone and only in yards other than a required front yard and abutting future right-of-way area, but not in a required parking area. Outdoor storage area shall be screened from view from any adjoining public street or walkway.
J. Parking is permitted in required yards except the area within five (5) feet of an existing or future right-of-way. (See CMC 9162.52.)
K. Building encroachments may be permitted in the front yard setback subject to the approval of a Development Plan by the Planning Commission pursuant to CMC 9172.23 (Site Plan and Design Review) for properties within the Mixed-Use Residential (MUR) overlay zone district only. A building encroachment shall not exceed five (5) feet provided that the development provides affordable housing opportunities as defined by this Chapter.
L. Vehicle dealerships may have encroachments, see CMC 9138.15(D) for encroachments in the CA Zone. (Ord. 95-1074, § 1; Ord. 03-1279, § 12)
Other Site Developments Standards
9136.3 Fences, Walls and Hedges.
A solid masonry wall shall be placed along any lot line abutting or separated only by an alley from property in a residential zone. Except in a required front yard area and any abutting future right-of-way area, such wall shall be six (6) feet in height. In a required front yard area and any abutting future right-of-way area, such wall shall be three and one-half (3-1/2) feet in height, except fencing material of any type may extend above the three and one-half (3-1/2) foot solid masonry portion to a height not exceeding six (6) feet, provided such extended portion does not impair vision by obscuring more than ten (10) percent of the area in the vertical plane.
Except as required by other laws and regulations or as a condition of a tract or parcel map approval, no fence, wall or hedge in a commercial zone shall exceed a height of eight (8) feet.
The height of fences, walls and hedges shall be measured from the finished grade at each point along the fence, wall or hedge. Where there is a difference between the grade on the two (2) sides of the fence, wall or hedge, the higher grade shall be used.
The height and design of fences and walls within the CA Zone district shall be subject to CMC 9138.15(D). (Ord. 03-1279, § 13)
9136.4 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, § 2)
9136.5 Reserved.
9136.6 Parking, Loading, Truck Maneuvering and Driveways.
Parking spaces and loading areas for each use and the areas required for access and truck maneuvering shall be provided in accordance with Division 2 of Part 6 of this Chapter.
Parking, loading and driveways within the CA Zone district shall be subject to CMC 9138.15(D). (Ord. 03-1279, § 14)
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. The total sign area per lot shall not exceed an area in square feet equal to two (2) times the linear feet of lot frontage on a public street or streets. Window signage shall not exceed ten (10) percent of window area. Lot frontage on a freeway shall not be considered in computing this figure.
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 ground sign in excess of six (6) 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)
4. A sign may be affixed to a building but shall not project above the height of the building wall or roof fascia.
5. A sign shall not project into an existing or future right-of-way.
6. No “A” frame or “sandwich” sign, or scintillating, flashing or revolving sign shall be permitted.
7. 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) 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)
8. All business signs for vehicle dealerships shall be permitted in conformance with development standards as provided in CMC 9138.15(E).
9. All business signs within the MU-CS Zone shall be permitted in conformance with development standards as provided in CMC 9138.17.
10. 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 Officer. Requests for such displays shall be submitted to the Planning Officer, in writing, thirty (30) days prior to the event. All approvals shall be limited to a total of sixty (60) consecutive days at any one (1) time with a minimum of thirty (30) days in between the next display period for a total of one hundred twenty (120) days of display per calendar year per business. An additional thirty (30) days of display is permitted; provided, that a new banner permit is issued and a fee is paid. 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. 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 (1/2) the setback from the inside line of the sidewalk or lot line.
4. A freestanding 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.
8. Off-site open house signs for residential properties may be placed on commercial properties with the permission of the commercial property’s owner, and consistent with the provisions of Section 9126.7(A)(8).
9. Violations.
a. Violations of this subsection (D) 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.
E. Except as provided for violations of subsection (D) 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, § 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; Ord. 11-1475, §§ 1, 2; Ord. 15-1563, §§ 5, 6; Ord. 16-1602, § 3)
9136.8 Utilities.
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. (Amended by Int. No. 3-79)
9136.9 Site Planning and Design.
In case of a commercial use located on a corner lot, no public pedestrian entrance from a side street shall be located less than one hundred (100) feet from any residential zone.
Roof-mounted structures and equipment shall not extend more than ten (10) feet above the roof, measured from the point of attachment. If such roof projections are not incorporated in the building design as architectural features, they shall be screened from view from any adjoining public street or walkway.
Mechanical equipment not enclosed within a building shall be screened from view from any adjoining public street or walkway.
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.
See additional requirements in CMC 9138.15 for vehicle dealerships within the CA Zone. (Ord. 03-1279, § 17)