Division 8. Special Requirements
For Certain Uses

9138.10 Reserved.

Repealed by Ord. 16-1590. (Added by Ord. 95-1079, Exh. A.)

9138.11 General Provisions.

A. Definitions.

1. Petroleum Product. Any product used in the operation of motor vehicles as a fuel or lubricant, including diesel fuel and liquid petroleum gas (LPG).

2. Retail Petroleum Outlet. Any retail outlet whose business includes the retail sale of petroleum products.

3. Automobile Service Station. Any retail petroleum outlet whose primary business is the retail sale of petroleum products and the provision of minor repairs and services and/or the retail sale of accessories normally associated with this use.

4. Minor Repairs and Services. Minor repairs and services include major engine overhaul (any operation requiring pulling the head, intake or exhaust manifold, or the pan); transmission, muffler, and radiator work; lubrication; repair of brakes, generators, water pumps, batteries and other minor accessories; replacement of wiper blades, fuses, radiator caps, lamps and other minor accessories, changing oil and transmission fluid; patching, changing or mounting of tires; wheel alignment; tune-up; minor electrical repairs; and similar repairs and services.

5. Major Repairs and Services. Major repairs and services include body and fender work; repair of tops, seat covers and upholstery; painting; rebuilding batteries; and similar work (no tire recapping or retreading). In the CA Zone, only auto body paint and/or upholstery shops are permitted as accessory uses to new vehicle sales, subject to conditional use permit.

B. No building permit for a retail petroleum outlet shall be issued until required right-of-way dedications for adjacent streets, in accordance with the City’s current General Plan, have been made and accepted by the City. Such dedicated property shall not be deemed to be part of the minimum lot area required of a retail petroleum outlet.

C. Any existing retail petroleum outlet not in compliance with the standards provided for in CMC 9138.15 shall be considered a legal nonconforming use.

Any person, firm or corporation violating any provision of this Section shall be guilty of an infraction and shall be punishable as provided in Chapter 2 of Article I of this Code. (Ord. 79-479, § 7; Ord. 03-1279, § 19)

9138.12 Convenience Store.

A. Use Classification. A small retail self-service store selling a limited line of fast-moving food and nonfood items, usually with extended hours of operation, a high volume of customer traffic, and either standalone or associated with auto service stations.

B. Minimum Lot Area. New convenience markets shall not be permitted on lots less than thirty-two thousand, six hundred seventy (32,670) square feet net area.

C. Minimum Separation Requirement. New convenience stores shall be not less than one-half (1/2) mile from an existing convenience store.

D. Hours of Operation. Business hours, including truck loading hours, shall be limited to 5:00 a.m. to 11:00 p.m., seven (7) days a week.

E. Parking Requirement. One (1) space per two hundred fifty (250) square feet of gross floor area.

F. Alcohol Sales. Alcohol sales could be considered as part of a separate conditional use permit application for convenience stores; however, the hours of operation would be limited to 5:00 a.m. to 9:00 p.m., seven (7) days a week. In addition, alcohol sales shall not be permitted within three hundred (300) feet of residences, schools, and parks. (Ord. 79-479, § 7; Ord. 79-467; Ord. 81-552, § 1; Added by Ord. 81-554, § 1, 2; Ord. 84-679, § 1; Ord. 03-1279, §§ 20, 21; Ord. 04-1322, § 5; Ord. 08-1400, § 1; Ord. 11-1479, § 10; Ord. 16-1602, § 4)

9138.13 Reserved.

Reserved. (Ord. 79-479, § 7; Ord. 03-1279, § 22; Ord. 16-1602, § 5)

9138.14 Automobile/Vehicles Services.

A. Use Classifications.

1. Automobile/Vehicle Service and Repair. Repairs and services include major engine overhaul (any operation requiring pulling the head, intake or exhaust manifold, or the pan); transmission, muffler, and radiator work; lubrication; repair of brakes, generators, water pumps, batteries and other minor accessories; replacement of wiper blades, fuses, radiator caps, lamps and other minor accessories, changing oil and transmission fluid; patching, changing or mounting of tires; wheel alignment; tune-up; minor electrical repairs; and similar repairs and services. In the CA Zone, auto body and fender work and auto body paint are permitted as accessory uses to new vehicle sales, subject to conditional use permit.

2. Automobile/Vehicle Washing. Washing, waxing, vacuuming, or cleaning of automobiles or similar light vehicles, including self-serve washing facilities.

3. Automobile Service Station. Establishments primarily engaged in retailing automotive fuels or retailing these fuels in combination with activities, such as providing automobile/vehicle repair services, selling automotive oils, replacement parts, and accessories, and/or providing incidental food, retail sales.

B. Landscaping and Screening.

1. A masonry wall at least six (6) feet in height shall be provided along all lot lines adjacent to a residential use or district.

2. At least ten (10) percent of the site must be landscaped.

3. A landscaped planter with a minimum inside width of ten (10) feet and enclosed within a six (6) inch high curb shall be provided along the front and streetside property lines, except for vehicular circulation openings. A landscaping buffer with a minimum inside width of at least five (5) feet shall be provided along all other property lines.

4. A three hundred (300) square foot planter with a minimum dimension of ten (10) feet shall be provided at the corner of intersecting streets unless a building is located at the corner.

5. Additional screening and landscaping may be required where necessary to prevent visual impacts on adjacent properties.

C. Application Review and Findings for Approval. The decision-making authority shall approve a use permit for an automobile/vehicle service facility only if it finds that:

1. The project is designed so that form and scale are harmonious and consistent with the character of the specific site, the adjacent uses and structures, and the surrounding neighborhood.

2. The site design, including the location and number of driveways, will promote safe and efficient on-site and off-site traffic circulation.

3. Service bay openings are designed to minimize the visual intrusion on surrounding streets and properties.

4. Lighting is designed to be low-profile, indirect or diffused and to avoid adverse impacts on surrounding uses.

D. Conditions of Approval. Conditions of approval may include limitations on operational characteristics of the use; restrictions on outdoor storage and display, location of pump islands, canopies and service bay openings; and/or requirements for buffering, screening, lighting, planting areas, hours of operation or other site elements in order to avoid adverse impacts on adjacent lots or the surrounding area.

E. Automobile/Vehicle Service and Repair. Automobile/vehicle service and repair uses, as well as any other uses, such as service stations, that perform auto servicing as an accessory activity, are subject to the following standards:

1. Noise. All body and fender work or similar noise-generating activity shall be conducted within an enclosed masonry or similar building with sound-attenuating construction to absorb noise. Air compressors and other service equipment shall be located inside a building.

2. Work Areas. All work shall be conducted within an enclosed building except: pumping motor vehicle fluids, checking and supplementing various fluids, and mechanical inspection and adjustments not involving any disassembly.

3. Vehicle Storage. Vehicles being worked on or awaiting service or pick-up shall be stored within an enclosed building or in a parking lot on the property and shall be screened from the public right-of-way. Unattended vehicles may not be parked or stored on the sidewalk adjoining the property, in the street, or in any portion of the public right-of-way within the City.

4. Litter. The premises shall be kept in an orderly condition at all times. No used or discarded automotive parts or equipment or permanently disabled, junked, or wrecked vehicles may be stored outside a building.

F. Automobile/Vehicle Washing. Automobile/vehicle washing facilities are subject to the following standards:

1. Minimum Lot Area. Automobile service stations shall contain not less than twenty thousand (20,000) square feet of net lot area.

2. Washing Facilities. No building or structure shall be located within thirty (30) feet of any public street or within twenty (20) feet of any interior property line of a residential use or residential district. Vehicle lanes for car wash openings shall be screened from public streets to a height of forty (40) inches. Screening devices shall consist of walls and/or berms with supplemental plant materials.

3.  Hours of Operation. Limited to 7:00 a.m. to 10:00 p.m., seven (7) days a week. When abutting a residential district, the hours of operation shall be between 8:00 a.m. to 8:00 p.m., seven (7) days a week.

G. Automobile Service Station. Automobile service stations and any other commercial use that includes fuel pumps for retail sales of gasoline are subject to the following standards. An automobile service station with a convenience store shall comply with the standards set forth in CMC 9138.12 (Convenience Store):

1. Minimum Lot Area. Automobile service stations shall not be permitted on lots containing less than fifteen thousand (15,000) square feet of net lot area.

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

3. Pump Islands. Pump islands shall be located a minimum of fifteen (15) feet from any property line to the nearest edge of the pump island. A canopy or roof structure over a pump island may encroach up to ten (10) feet within this distance.

4. Minimum Separation Requirement. New automobile service stations shall be not less than five hundred (500) feet from an existing service station use.

5. Abandonment. Any service station shall in the case of abandonment or nonoperation of the primary use be dismantled and the site cleared within six (6) months subsequent to the close of the last business day. (Ord. 79-479, § 7; Ord. 16-1602, § 6)

9138.15 Commercial, Automotive (CA) Development Standards.

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

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

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

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

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

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

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

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

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

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

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

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

1. Principal Uses.

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

b. New recreational vehicle sales.

c. New motorcycle sales.

d. Renting and leasing of recreational vehicles.

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

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

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

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

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

e. Vehicle washing and detailing; see CMC 9138.14.

f. Public and private parking lots.

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

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

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

c. Automobile service stations; see CMC 9138.14.

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

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

f. Minor and major repair and service as a primary use located on properties fronting Avalon Boulevard and within the CA Zone; see CMC 9138.2.

1. Lawfully established automotive repair facilities on property fronting Avalon Boulevard shall discontinue operations on or before July 1, 2017.

g. Automotive and equipment auction as a primary use located on properties fronting Avalon Boulevard and within the CA zone; see CMC 9138.21.

1. Lawfully established automotive and equipment auctions on property fronting Avalon Boulevard shall discontinue operations on or before July 1, 2017.

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

5. Prohibited Uses.

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

(1) Vehicle sales.

(2) Vehicle storage.

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

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

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

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

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

1. Building Setbacks.

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

(1) Roof overhangs and approved architectural embellishments.

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

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

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

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

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

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

(8) Raised vehicle display areas.

(9) Subterranean parking or basements.

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

c. Setback from street property line:

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

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

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

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

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

2. Street – Elevated Vehicle Display Area.

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

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

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

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

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

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

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

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

3. Freeway – Elevated Vehicle Display Area.

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

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

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

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

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

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

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

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

4. Building Height.

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

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

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

5. Lot Size.

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

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

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

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

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

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

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

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

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

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

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

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

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

7. Landscaping. The following standards shall be applied:

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

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

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

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

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

8. Driveways.

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

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

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

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

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

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

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

d. Exterior lighting shall consist of metal halide lamps.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

d. Chainlink fencing is prohibited.

11. Gates.

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

12. Security Bollards.

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

13. Sound Attenuation.

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

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

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

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

E. Signage.

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

2. Vehicle Dealers’ Signs.

a. General Criteria.

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

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

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

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

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

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

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

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

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

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

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

3. Freestanding Monument and Pylon Signs.

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

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

(1) Brand(s) of vehicle sold;

(2) Manufacturer’s logo;

(3) Dealer’s name;

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

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

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

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

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

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

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

4. Building-Mounted (Wall) Signs.

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

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

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

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

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

5. Information Signs.

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

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

6. Street Directional Signs.

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

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

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

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

7. Pole-Mounted “Product Identity” Signs.

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

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

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

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

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

 

8. Temporary Identification Signs.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

H. Design Guidelines.

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

2. Site Planning.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

4. Roofs.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

a. Shrubs.

Butterfly Iris	Moraea iridioides
Hibiscus	Hibiscus rosa – sinensis
Dwarf Oleander	Nerium oleander ‘Petite Salmon’ or ‘Petite Pink’
Wheelers Dwarf	Pittosporum tobira ‘Variegata’
India Hawthorn	Ralphiolepis indica ‘Jack Evans’
Compact Natal Plum	Carissa
Lily of Nile	Agapanthus africanus
Privet	Ligustrum ‘Texanum’
Compact Shiny Xylosma	Xuylosma, congestum ‘Compactum’
Pink Escallonia	Escallonia fradesii
Ternstromia	Ternstroemia gymnanthera
Frasers Photinia	Photinia fraseri
Viburnum	Viburnum davidii

b. Ground Covers.

Star Jasmine	Trachelospermum jasminoides
Prostate Natal Plum	Carissa grandiflora ‘Green Carpet’
Blue Rug Juniper	Junipers horizaontalis
Turfgrass	‘Marathon’ fescue
Trailing Lantana Gazanias	Lantana montividenis

(Ord. 03-1279, § 23; Ord. 08-1404, § 3; Ord. 11-1473, § 3; Ord. 11-1480, § 3)

9138.16 Communications Facilities.

A. Purpose. The purpose and intent of this Section is to provide uniform and comprehensive standards for the development of all communications facilities, including antennas and associated facilities for wireless telecommunication, data, radio, television and microwave, in accordance with existing Federal law while minimizing the aesthetic impacts through the use of carefully chosen siting and design criteria. The regulations contained herein are designed to protect and promote public health, safety and welfare, and aesthetic qualities within the community. At the same time, the intent is to comply with the Telecommunications Act of 1996, to not unduly restrict the development of necessary communications facilities and encourage managed development of communications infrastructure while providing a public forum to ensure a balance between public concerns and private interest in establishing such facilities.

B. Definitions.

1. “Amateur radio service” means a noncommercial, two (2) way radio communications service operated by licensed amateurs using shared frequencies.

2. “Antenna height” means the vertical distance from the existing or proposed grade, whichever is lower, to the highest part of the antenna.

3. “Building-mounted facilities” means all facilities mounted or attached in any way to an existing building. The building must serve a primary use other than as a site for a communications facility.

4. “Cell on wheels” or “COW” means a facility which is temporarily rolled in or temporarily installed.

5. “Co-location” means the placement of more than one (1) facility on an existing building or freestanding structure.

6. “Enhanced 911 emergency calling systems (911/ECS)” means a service which allows public safety personnel, including police and fire departments, to automatically identify the phone number and location of a person making an emergency call from a mobile source.

7. “Facade-mounted” means the mounting of antennas directly to the fascia or sidewall of a building and stealth into the architectural design of the wall.

8. “Facility” means a communications facility that repeats, transmits and/or receives electromagnetic signals which includes, but is not limited to: the combination of antennas, transmitters, masts, cabinets, and equipment rooms; towers, monopoles, or similar structures supporting said equipment; screening devices including walls and landscaping; and parking areas and other accessory development.

9. “Ground-mounted” means a facility in which the antennas are located on a freestanding pole or structure, other than a building, attached to the ground. These antennas do not use a building or ancillary structure(s) for mounting purposes.

10. “Height” means the distance measured from the average finished grade surrounding the facility to the highest point on the facility. In the case of a building tower, the height includes the portion of the building on which it is mounted. Towers that are adjustable in height shall use the maximum height which the structure is capable of reaching.

11. “Major communications facility” means a facility other than a minor communications facility, which includes ground-mounted or freestanding facilities and facilities that are not stealth. A facility located within a residential zone, regardless of stealth design, is considered a major communications facility.

12. “Minor communications facility” means a facility that includes distributed antenna systems (DAS), microcells and building-mounted facilities that are stealth, including facade-mounted (wall-mounted) and roof-mounted stealth facilities. A co-location onto an existing, approved major communications facility that is in full compliance with this Section, shall be processed as a minor communications facility. Enhanced 911/ECS required by the Federal Communications Commission (FCC) are considered minor communications facilities if they are stealth into the design of an existing building-mounted or freestanding facility.

13. “Multiple user” means a communications facility comprised of multiple towers or buildings supporting one (1) or more antennas owned or used by more than one (1) public and/or private entity, excluding research and development industries with antennas to serve internal uses only.

14. “Freestanding” means a facility or structure which is not mounted on or attached in any way to an existing building, or that is attached to a structure whose primary purpose is to support, house or serve as a mounting location for communications equipment.

15. “Not stealth” means any facility not camouflaged in a readily apparent manner to blend with surrounding land uses and features. The design does not conceal the intended use of the facility and incorporates no readily apparent elements of stealth technology or design. A standard monopole with equipment cabinets aboveground and unscreened would be considered not stealth.

16. “Personal communications services (PCS)” is a term coined by the Federal Communications Commission; it describes a two (2) way voice and digital, wireless telecommunications system. PCS encompasses cordless phones, cellular mobile phone paging systems, personal communications networks, wireless office phone systems, and any other wireless telecommunications systems that allow people to place and receive voice/data calls while away from home and office.

17. “Site justification study” means a study performed pursuant to certain requirements which explains the demands and rationale that led to the selection of a particular location and design for a communications facility. The study may include information pertaining to the interrelationship between a specific site and other sites in the local network area.

18. “Stealth” means camouflaged or designed to blend with the surrounding environment and land uses, minimize aesthetic impact on adjacent uses, and conceal the intended use and appearance of the structures.

19. “Tower” means any structure, or support thereto, that is designed and constructed primarily for the purpose of supporting one (1) or more antennas for telephone, radio and similar communications purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like.

C. Applicability. The procedures and rules set forth in this Section are applicable to all communications facilities and all modifications or additions to existing communications facilities. This Section does not apply to the use or location of private, residential citizen band radio towers, amateur radio service, television antennas, or private residential dish antennas less than one (1) meter in diameter, used for receiving radio frequency or television signals, or public safety communications facilities owned or operated by the City of Carson or any emergency agencies such as the Fire Department or Sheriff’s Department.

D. Procedural Standards.

1. Minor communications facilities shall be subject to the approval of a development plan in accordance with the site plan and design review procedures as provided in CMC 9172.23. The Planning Division shall be the approval authority except if the property is located within one hundred (100) feet of a residential zone. In considering applications for minor communications facilities, the Planning Division shall be guided by the provisions of subsections F (Design and Development Standards) and H (Required Findings) of this Section.

The Planning Division shall render a decision in writing, with findings, and conditions, subsequent to receipt of a complete application. The Planning Division’s decision shall be final unless a written appeal is filed pursuant to CMC 9173.4.

2. Major Communications Facilities. Major communications facilities shall be subject to the approval of a development plan in accordance with the site plan and design review procedures as provided in CMC 9172.23 and conditional use permit procedures as provided in CMC 9172.21. A co-location onto an existing, approved major communications facility shall be processed as a minor communications facility, unless as otherwise mentioned in this Section or if the co-location is a substantial addition that would intensify the existing facility as determined by the Planning Officer. In considering applications for major communications facilities, the Planning Commission shall be guided by the provisions of subsections F (Design and Development Standards) and H (Required Findings) of this Section. The decision of the Planning Commission shall be final unless a written appeal is filed pursuant to CMC 9173.4.

E. Application Requirements. The following information shall be provided concurrently with any application submitted pursuant to CMC 9173.1:

1. Co-Location Statement (if necessary). This statement must be signed by all co-locating providers agreeing to the co-location.

2. Utility Easement Encroachment Agreement (if necessary). A letter of consent must be provided by the utility purveyor(s) if their easement will be encroached upon.

3. Local Facilities Map. Show existing facilities and coverage areas in the City. (At the applicant’s request, the City of Carson will make every effort to ensure the confidentiality of information which is considered to be of a proprietary nature. Said information will be used for municipal planning purposes only.)

4. Site Justification Study. A study which explains the demands and rationale for selecting a particular location and design for a communications facility. The study may include information pertaining to the interrelationship between a specific site and other sites in the local network area. For all major communications facilities, this study shall identify all reasonable, technically feasible, alternative locations, including facilities which could be used for co-location or other networks available such as distributed antenna systems. The study shall also explain the rationale for selecting the proposed site. For all feasible co-location sites, the study shall include evidence of written contact with all wireless service providers or tower owners within a quarter mile of the proposed communications facility, unless a smaller radius is technologically justified by the applicant. The contacted tower owner or service provider shall be requested to respond in writing to the inquiry within thirty (30) days. The applicant’s letter(s) as well as response(s), or a statement from the applicant detailing all responses received, shall be included with the study as a means of demonstrating the need for a new major communications facility.

5. RF Emissions Report. The City of Carson acknowledges that it is preempted from regulating the placement, construction or modification of facilities based on environmental effects of radio frequency emissions to the extent that such facilities comply with the Federal Communications Commission’s (FCC) regulations. As such, a report shall be submitted which is signed by a radio frequency engineer and prepared pursuant to FCC, Office of Engineering and Technology, Bulletin 65 or any other applicable guidelines or regulations, stating the maximum (EMF/RF) radiation to be emitted by the proposed facility and whether those emissions conform to safety standards adopted by the Federal Communications Commission. The report shall take into account all other facilities within five hundred (500) feet, both existing and known future facilities, the cumulative effects of co-located facilities and existing nearby buildings and structures and shall be written so as to be understandable to the layman. This report shall be available for review by the public.

6. Site Plan. A site plan shall be submitted and consist of elevation drawings indicating the height, diameter, color, setbacks, landscaping, method of screening, and color photo simulations showing the before and after impacts of the proposed facility on the subject site. Existing communications facilities, poles, towers, and/or antennas shall also be shown. No plans shall include depictions of future antennas or devices, nor shall future antennas or devices be approved, unless specifically identified by applicant in a separate written statement to the Planning Division or Planning Commission as applicable.

7. Costs and Refundable Deposits. Applicant shall bear the reasonable costs associated with the review of the application including the costs incurred as a result of the need to hire an expert or consultant to review the data or information provided by the applicant or any related application, and for the expert or consultant to attend City meetings as determined by the City. At the time the applicant submits its application, it shall also submit an initial refundable deposit of $2,500. The deposit shall be used by the City to pay the reasonable costs associated with the expert or consultant review of the application. In the event that the deposit is or will be fully expended by the City, at the direction of the City, the applicant shall within five (5) business days deposit additional funds with the City in an amount reasonably estimated by the Director of Community Development. Upon final City action on or withdrawal or termination of the application, any unexpended funds on deposit shall promptly be returned to the applicant by the City. No City construction permit or utility connection authorizations shall be issued by the City for any approved project if the applicant has not fully reimbursed the City for its consultant or expert costs as required herein.

F. Design and Development Standards.

1. Setbacks. No communications facility shall be located within or extend into the required setbacks established in the applicable zone.

2. Height.

a. Communications facilities utilizing a freestanding support structure shall be limited to the maximum building height for the applicable zoning district.

b. In zoning districts with no maximum height limit, a communications facility which utilizes a freestanding support structure shall not exceed fifty (50) feet in height above the ground. The zoning of all locations shall be interpreted in accordance with CMC 9114.2.

c. New communications facilities constructed on existing conforming structures shall not exceed the height of the existing structure, except for fully stealth roof-mounted facilities on existing buildings which may project up to the maximum height limit described in this Section or eight (8) feet above the roof from where it is attached, whichever is higher.

d. The Planning Commission or Planning Division may consider approval of facilities to exceed the maximum height limit described in this Section subject to approval of a minor or major exception as described in subsection G (Exceptions) of this Section. Existing facilities lawfully erected prior to July 17, 2003, may have a height limit greater than subsection G (Exceptions) of this Section provided there is no expansion or intensification to the facility.

3. Undergrounding. Electrical wiring associated with a facility shall be buried underground or hidden in a manner acceptable to the Planning Division and Engineering Division or Planning Commission if applicable. To the extent technologically feasible, all vaults, equipment, shelters, structures, or any other device related to or required for use of a facility, shall be underground in the open space zone, in the right-of way, and where all other utilities are required to be underground. In all other areas in the City, all vaults, equipment, shelters, structures, and other devices shall be permitted aboveground only when said devices are not visible from adjacent property or the right-of-way.

4. Microwave Dishes. Where economically feasible the use of microwave dishes shall be prohibited and underground lines utilized. Upon a showing of economic infeasibility, microwave dishes up to twenty-six (26) inches shall be permitted.

5. Painting. The communications facility and supporting structure(s) shall be painted a neutral, non-glossy color that matches the color of the structure to be mounted on or to the color of the surrounding environment subject to the satisfaction of the Planning Manager.

6. Lighting. All communications facilities, except exempt facilities, shall be unlit, except for a manually operated or motion-detector controlled light above the equipment door which shall be used only for personnel maintenance purposes. This requirement is not intended to address interior structure lighting.

7. Noise.

a. All communications facilities, except exempt facilities, shall be constructed and operated in such a manner as to meet the requirements of the noise ordinance.

b. Backup generators shall only be operated during power outages and for testing and maintenance purposes. No backup generator shall be utilized for longer than seventy-two (72) hours without prior approval of the Engineering Division or Planning Division.

c. If the facility is located within one hundred (100) feet of a residential dwelling unit, noise attenuation measures, including redesign or screening, shall be included to reduce exterior noise levels to meet the requirements of the noise ordinance.

8. Signs. The display of any sign or any other graphic on a communications facility or on its screening is prohibited, except for signs for health, safety, and welfare purposes which are required to be posted in case of an emergency. Emergency signs shall be visibly posted at the facility and shall include contact information, including the phone number of the utility provider.

9. Performance Bond. A faithful performance bond shall be required to ensure compliance with City codes and standards, and the removal of abandoned antennas or facilities, before the issuance of any building or public works permits.

G. Exceptions.

1. Exceptions for minor communications facilities may be approved by the Planning Division. For all other facilities including those within one hundred (100) feet of a residential zone, the Planning Commission shall render the decision after notice and hearing. In approving an exception, the Planning Commission or Planning Division shall render a decision in writing, with findings and conditions, subject to the requirements of CMC 9172.23.

a. Minor Exceptions. The design standards for setbacks and height listed in subsection F of this Section may be modified by not more than fifteen (15) percent.

The Planning Commission or Planning Division must make all of the following findings based on evidence submitted by the applicant:

(1) If seeking a minor exception from height standards set forth herein, the applicant shall demonstrate that the proposed height is designed at the minimum height necessary for operation and/or for stealth purposes including design elements or architectural details.

(2) The minor exception would not create a significant visual impact.

(3) Granting the minor exception shall conform to the spirit and intent of this zoning code.

(4) Granting the minor exception will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity.

b. Major Exceptions. The design standards for setbacks and height listed in subsection F of this Section may be modified by not more than thirty (30) percent.

The Planning Commission or Planning Division must make all of the following findings based on evidence submitted by the applicant:

(1) If the applicant seeks the major exception in order to service the applicant’s gap in service, the applicant shall submit an explanation and supporting engineering data establishing that a tower or antenna as proposed is technologically necessary.

(2) If the applicant seeks the major exception in order to accommodate the establishment of a co-located facility, the applicant shall demonstrate that conformance with the code would require the installation of new freestanding communications facility or other less desirable facility.

(3) If seeking a major exception from height standards set forth herein, the applicant shall demonstrate that the proposed height is designed at the minimum height necessary. The applicant shall specifically include an analysis comparing the operation of the facility at its proposed height with its operation at the maximum height permitted herein. The purpose of this analysis is to ensure that additional height is permitted only when technologically necessary for the provision of services. Further, the applicant shall certify that the facility shall not cause a hazard to aircraft.

(4) Locating the antenna in conformance with the specifications of this Section would obstruct the antenna’s reception window or otherwise excessively interfere with reception, and the obstruction or interference involves factors beyond the applicant’s control and relocation is not an option.

(5) The visual impacts are negligible because the facility is designed to architecturally integrate with the surrounding environment.

(6) Granting the major exception shall conform to the spirit and intent of this zoning code.

(7) Granting the major exception will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity.

H. Required Findings. In addition to the provisions of CMC 9172.21 and 9172.23, the Planning Division or Planning Commission shall approve a development plan and conditional use permit for a communications facility if affirmative findings can be made based upon the following criteria:

1. The proposed site is the least intrusive after considering co-location with another facility, other networks available such as distributed antenna systems, and location at another site. If located in the public right-of-way or on City-owned or leased property, the facility must meet the requirements of the Engineering Division.

2. The proposed communications facility will be aesthetically compatible, located and designed to minimize the visual impact on surrounding properties and from public streets, including adequate screening through the use of landscaping that harmonize with the elements and characteristics of the property and/or stealth which incorporates the facility with the structure in which it will be mounted through use of material, color, and architectural design.

3. The proposed communications facility is not located on any residential dwelling or on any property which contains a residential dwelling, or any property wherein a person resides, except as may be associated with a church, temple, or place of religious worship.

I. Maintenance. The site shall be maintained in a condition free of trash, debris, and refuse and all antennas and related structures shall not be permitted to fall into disrepair. All graffiti must be removed immediately or within seventy-two (72) hours of notice from the City.

J. Temporary Facilities.

1. The Planning Division may approve, for a period of up to ninety (90) days, a temporary communications facility, including but not limited to a COW, to provide service while an approved communications facility is being fabricated or when an existing antenna has been damaged or destroyed. The Planning Division may extend the ninety (90) day period at the request of the applicant for thirty (30) day intervals if the applicant can prove that there is a hardship that is delaying the issuance of permits for the permanent facility.

2. The temporary facility may only be approved after the approval authority has approved or conditionally approved an application for a communications facility and the project proponent has signed and returned a copy of the affidavit of acceptance of conditions of approval to the Planning Division.

3. The Planning Division shall approve the actual location and design of the temporary facility consistent with the requirements of subsection F (Design and Development Standards) of this Section.

4. The Planning Division or Public Safety Division shall have the authority to approve a temporary use permit for communications facilities needed during a declared emergency. Temporary facilities shall be removed not later than ten (10) days after the conclusion of the declared emergency.

K. Nonconforming Facilities. Any facility constructed in violation of this Section, or in violation of any part of this code, is subject to immediate abatement. Any major communications facility that is lawfully constructed prior to the effective date of the ordinance codified in this Section shall be deemed a nonconforming use and will be subject to the provision of CMC 9182.21 and 9182.22. Additionally, CMC 9172.25 and 9182.05 shall govern any request for an extension to the nonconforming privilege.

L. Facility Removal.

1. Discontinued Use/Abandonment. The operator of a lawfully erected facility, and the owner of the premises upon which it is located, shall promptly notify the Planning Division in writing in the event that the use of the facility is discontinued for any reason. In the event the facility is discontinued or abandoned for a period of more than one hundred eighty (180) days, then the owner(s) and/or operator(s) shall promptly remove the facility, repair any damage to the premises caused by such removal, and restore the premises as appropriate so as to be in conformance with applicable zoning codes at the owner’s and/or operator’s expense. All such removal, repair and restoration shall be completed within ninety (90) days after the use is discontinued or abandoned, and shall be performed in accordance with all applicable health and safety requirements. In the event that an owner or operator fails to remove any abandoned facilities or antennas within the time periods stated, the City may remove the facility after providing thirty (30) days’ notice, and shall bill the owner and/or operator for all costs including any administrative or legal costs incurred in connection with said removal. Once all costs have been paid by the antenna owner, any bond posted for removal shall be released. The City does not waive any legal rights to seek repayment for removal costs pursuant to a bond posted, or bring an action for repayment of costs.

2. Utility-Mounted Facility Removal or Relocation. All utility-mounted facilities shall be removed or relocated at the facility owner’s expense when a City-approved project requires relocation or undergrounding of the utility structure on which the facility is mounted. (Ord. 03-1284, § 5; Ord. 10-1460, § 1)

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

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

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

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

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

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

1. Permitted and Conditional Uses. Automatically permitted uses, uses requiring special limitations and requirements, conditionally permitted uses, and all other uses permitted in the MU-CS zoning district are described in CMC 9131.1. Existing nonconforming uses shall comply with the requirements of Division 2 of Part 8 of this Chapter.

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

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

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

1. Minimum Lot Area.

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

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

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

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

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

2. Street Frontage and Access.

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

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

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

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

3. Minimum Lot Width.

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

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

4. Minimum Lot Depth.

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

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

5. Building Setbacks.

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

1st floor – Commercial/live/work	10'
1st floor – Residential	10'
2nd floor – Commercial	10'
2nd floor – Residential	10'
3rd floor – Residential	10'
4th floor – Residential	10'
West Gateway subarea front yard setback
1st and 2nd floor – All development	15'

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

	Interior	Street Side
Subterranean garage	1''	1''
On-grade parking or partial subterranean garage	1'' or 3'	10'
1st floor – Commercial/live/work	1'', 3' or 10'	10'
1st floor – Residential	10'	10'
2nd floor – Residential	10'	10'
2nd floor – Commercial	1'', 3' or 10'	10'
3rd floor – Residential	10'	10'
4th floor – Residential	10'	10'

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

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

Subterranean garage	1''
On grade parking or partial subterranean garage	1'' or 3'
1st floor – Commercial/live/work	10'
2nd floor – Commercial/live/work	10'
1st floor – Residential	15'
2nd floor – Residential	15'
3rd floor	30'
4th floor	30'

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

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

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

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

6. Building Height.

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

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

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

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

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

7. Floor Area Ratio (FAR).

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

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

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

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

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

8. Density.

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

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

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

9. Recreational Open Space.

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

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

10. Private Open Space.

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

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

11. Separation Between Buildings on Same Lot.

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

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

12. Parking.

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

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

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

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

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

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

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

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

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

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

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

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

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

13. Lighting.

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

b. Storefront entries shall be illuminated.

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

14. Drive-In or Drive-Through Restaurants.

a. Drive-in or drive-through restaurants are only permitted for multi-level mixed-use developments on four (4) acres or greater that contain a mixture of commercial and residential uses and includes senior or affordable housing.

b. Only one (1) drive-in or drive-through restaurant is permitted per mixed-use development.

c. The drive-in or drive-through shall be ancillary to the main restaurant and designed to not draw excessive attention.

d. Signage for the drive-in or drive-through shall be kept to a minimum and approved through a development plan.

e. A traffic report shall be prepared by a qualified traffic engineer and reviewed and approved by the City Traffic Engineer for proper queuing, adequate circulation, and available parking.

f. A conditional use permit shall be obtained in compliance with CMC 9172.21 and approved by the Planning Commission.

E. Landscaping.

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

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

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

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

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

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

1. Standards.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2. Prohibited Signs. The following signs are prohibited:

a. Internally illuminated sign cabinets with a rectangular form.

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

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

d. Sign promoting products sold at other locations.

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

f. Exposed raceway.

3. Temporary Signs.

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

G. Walls.

1. Standards.

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

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

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

H. Other.

1. Standards.

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

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

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

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

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

1. Development Standards.

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

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

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

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

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

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

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

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

i. A commercial business license shall be obtained.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1. Site Design/Development.

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

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

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

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

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

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

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

h. Enhanced paving should be provided at all driveways.

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

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

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

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

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

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

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

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

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

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

2. Building Composition/Architecture.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3. Conservation.

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

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

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

4. Public Improvements.

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

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

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

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

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

5. Landscape.

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

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

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

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

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

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

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

6. Signs.

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

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

c. Internally illuminated sign cabinets with a rectangular form are strongly discouraged. (Ord. 06-1363, § 9; Ord. 08-1403, § 1; Ord. 09-1419, § 4; Ord. 09-1420, § 2; Ord. 11-1479, §§ 11, 12; Ord. 14-1536, § 2)

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

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

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

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

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

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

1. Permitted and Conditional Uses. Automatically permitted uses, uses requiring special limitations and requirements, conditionally permitted uses, and all other uses permitted in the MU-SB zoning district are described in CMC 9131.1. Existing nonconforming uses shall comply with the requirements of Division 2 of Part 8 of this Chapter.

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

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

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

1. Minimum Lot Area.

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

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

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

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

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

2. Street Frontage and Access.

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

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

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

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

3. Minimum Lot Width.

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

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

4. Minimum Lot Depth.

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

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

5. Building Setbacks.

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

Commercial/live/work	5'
Residential	5'
Commercial	5'
3rd floor – Residential	10'

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

	Interior	Street Side
Subterranean garage	1''	1''
On grade parking or partial subterranean garage	1'' or 3'	5'
1st floor – Commercial/live/work	1'', 3' or 5'	5'
1st floor – Residential	5'	5'
2nd floor – Residential	5'	5'
2nd floor – Commercial	1'', 3' or 5'	5'
3rd floor – Residential	5'	5'

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

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

Subterranean garage	1''
On grade parking or partial subterranean garage	1'' or 3'
1st floor – Commercial/live/work	5'
2nd floor – Commercial/live/work	5'
1st floor – Residential	5'
2nd floor – Residential	5'
3rd floor	10'

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

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

6. Building Height.

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

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

7. Floor Area Ratio (FAR).

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

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

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

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

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

8. Density.

a. A maximum density for residential use is twenty-five (25) dwelling units per acre.

b. If the residential units are affordable or for senior use per CMC 9126.91, the maximum density is thirty-three (33) dwelling units per acre.

c. The maximum number of dwelling units permitted on a lot or project area is the net lot area in acres multiplied by the density designation number; i.e., twenty-five (25) or thirty-three (33). Any fractional amount equal to or greater than one-half (1/2) shall permit an additional dwelling unit.

9. Recreational Open Space.

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

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

10. Private Open Space.

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

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

11. Separation Between Buildings on Same Lot.

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

12. Parking.

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

b. Tandem parking may be used for the same residential unit. Tandem parking cannot exceed twenty-five (25) percent of the total parking count. Two (2) parking spaces in tandem shall have a combined minimum dimension of nine (9) feet by thirty-six (36) feet.

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

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

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

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

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

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

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

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

k. All commercial development shall provide bicycle parking for at least five (5) percent of the total number of parking stalls in all parking areas.

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

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

13. Lighting.

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

b. Storefront entries shall be illuminated.

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

E. Landscaping.

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

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

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

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

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

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

1. Standards.

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

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

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

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

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

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

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

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

i. Blade signs shall be mounted a minimum of eight (8) feet above grade and project no more than thirty (30) inches.

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

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

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

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

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

2. Prohibited Signs. The following signs are prohibited:

a. Internally illuminated sign cabinets with a rectangular form.

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

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

d. Sign promoting products sold at other locations.

e. Pole of pylon signs.

f. Exposed raceway.

3. Temporary Signs.

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

G. Walls.

1. Standards.

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

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

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

H. Other.

1. Standards.

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

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

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

d. Residential uses shall be permitted pursuant to the development standards established by CMC 9128.15 and 9128.54 except as modified in this Section.

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

1. Development Standards.

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

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

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

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

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

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

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

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

i. A commercial business license shall be obtained.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1. Site Design/Development.

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

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

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

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

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

f. There should be a minimum number of curb cuts provided which are no wider than necessary to serve the project.

g. Enhanced paving should be provided at all driveways.

h. Vehicular access should be from the alley whenever feasible.

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

j. Parking lots should be placed at the rear and sides of new retail development to establish a consistent building frontage line along Sepulveda Boulevard.

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

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

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

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

2. Building Composition/Architecture.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

q. If awnings are used, each structural bay should have an individual awning. One (1) unified awning spanning several bays shall be prohibited. Awning shape should relate to the shape of the window and door openings.

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

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

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

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

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

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

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

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

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

3. Conservation.

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

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

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

4. Public Improvements.

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

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

5. Landscape.

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

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

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

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

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

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

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

6. Signs.

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

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

c. Internally illuminated sign cabinets with a rectangular form are strongly discouraged. (Ord. 07-1392, § 9; Ord. 09-1419, § 5; Ord. 11-1479, § 13)

9138.19 Discount Stores.

A. Use Classification. Retail establishments that sell a broad range of outlet, close-out, discontinued, liquidation, or overstock and general merchandise, primarily at a single discount price and/or in the low and very low price ranges.

B. Minimum Lot Area. Discount stores shall not be permitted on lots less than six (6) acres of net area.

C. Minimum Separation Requirement. New discount stores shall not be less than one-half (1/2) mile from an existing discount store.

D. Hours of Operation. Business hours, including truck loading hours, shall be limited to 8:00 a.m. to 9:00 p.m., seven (7) days a week.

E. Parking Requirement. One (1) space per two hundred fifty (250) square feet of gross floor area. (Ord. 16-1603, § 3)

9138.2 Vehicle Service and Repair.

The servicing and repair of motor vehicles in the commercial zones at establishments other than retail petroleum outlets* shall be subject to the following:

1. Vehicle repair and service located within one hundred (100) feet of any residential zone, as measured from lot line to lot line, shall be subject to the approval of a Conditional Use Permit by the Planning Commission pursuant to CMC 9172.21. Within the CR (Commercial, Regional) Zone and MUR (Mixed-Use Residential) Overlay District, a Conditional Use Permit is required regardless of the one hundred (100) foot distance requirement.

a. Lawfully established automotive repair facilities on property fronting Avalon Boulevard and located within the CA Zone shall discontinue operations on or before July 1, 2017.

Ability to comply with CMC 9138.15** and 9138.2**.

2. All operations shall be conducted within an enclosed building.

3. All areas or structures in which such operations are conducted shall be so located or soundproofed as to prevent annoyance or detriment to surrounding property. In no case shall doors or windows be permitted in any wall within one hundred (100) feet of and facing a residential zone.

4. All damaged or wrecked vehicles awaiting repair shall be effectively screened so as not to be visible from surrounding property or from any adjoining public street or walkway.

5. All repair activities shall be confined to the hours between 7:00 a.m. to 9:00 p.m. daily.

6. No damaged or wrecked vehicles shall be stored for purposes other than repair and shall not constitute a vehicle wrecking, dismantling, or impounding yard, or junk or salvage yard.

7. Dismantling of vehicles for purposes other than repair is prohibited.

8. All display and storage shall be located within an enclosed building. Vehicles awaiting service may be parked in an unenclosed area for a period not to exceed seventy-two (72) hours. Vending machines shall be placed indoors.

9. The entire ground area of the site, except building and planting areas, shall be paved with asphaltic compound or concrete to City standards and shall comply with the Standard Urban Storm Water Mitigation Plan (SUSMP) requirements as stated in Article V, Sanitation and Health, Chapter 8, Storm Water and Urban Runoff Pollution Control, Section 5809 of the Carson Municipal Code.

10. Design a repair/maintenance bay drainage system to capture all washwater, leaks and spills. Connect drains to sump for collection and disposal or connect to clarifier then sanitary sewer.

11. That development and architectural plans indicating compliance with the provisions of this Section and embodying acceptable design standards shall be submitted for approval by the Planning Division and made a condition of an approved Conditional Use Permit.

12. All entrances to restrooms shall be located within the building in such a manner as not to be visible from adjacent property.

13. Parking shall be provided as follows:

a. One (1) automobile parking space shall be provided for each employee on the largest shift.

b. Two (2) parking spaces shall be provided for each service bay.

c. Spaces are to be striped and provided, as deemed necessary, with bumper guards or wheel stops approved by the Planning Division.

d. Vehicles may only be parked in designated parking spaces.

e. Parking for all other uses shall comply with CMC 9162.21.

14. That landscaping shall be provided as follows:

a. Landscaped planters shall be provided along the full length of building facades facing streets or public parking areas.

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

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

d. Landscaping shall consist of trees of at least twenty-four (24) inch box, shrubs of at least five (5) gallon size, and suitable ground cover.

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

15. A solid decorative masonry wall or wrought iron fencing with appropriate landscaping or other such appropriate screening material to the discretion of the Director, six (6) feet in height shall be installed and maintained along interior property lines not occupied by a building, except that any screening located within the required front setback area shall not exceed three and one-half (3-1/2) feet in height.

16. That the requirements and limitations contained in this Section shall be considered minimum standards; provided, however, that the Planning Commission may:

a. Require such additional conditions as are deemed necessary within the intent of CMC 9172.21(D); or

b. Modify such requirements or limitations contained herein which, in the opinion of the Planning Commission, are inappropriate or inapplicable either to the intended use of the property, to the property itself or to adjacent property.

17. Signage shall be of appropriate design as approved pursuant to the Site Plan and Design Review procedures (including number of signs and sign structures to be permitted) as provided in CMC 9172.23. (Ord. 79-479, § 7; Ord. 04-1322, § 7; Ord. 11-1473, § 4)

*For servicing and repair incidental to a retail petroleum outlet, see CMC 9138.11.

**Lawfully established automotive repair facilities on property fronting Avalon Boulevard and located within the CA Zone shall discontinue operations on or before July 1, 2017.

9138.21 Vehicle Auctions.

In connection with vehicle auctions, the following requirements shall be met:

1. Vehicle auctions may not be conducted on any property of less than five (5) acres.

2. The vehicles placed up for auction must be operable under their own power to and from the subject auction site. No dismantled or wrecked vehicles are allowed to be stored or repaired and be placed up for auction.

3. Vehicle auctions shall provide off-street parking based upon a place of public assembly, pursuant to CMC 9162.21(C)(l) or based upon approval of a Development Plan pursuant to CMC 9172.23.

4. Vehicle service and repair may be permitted as an accessory use, subject to CMC 9132.2 of this Chapter. (See CMC 9133 for CR zone, MUR Overlay District and properties in all zones within one hundred (100) feet of residential zones).

5. All activities not conducted within an enclosed building shall be confined to the hours between 7:00 a.m. and 9:00 p.m. daily.

6. No loudspeakers or sound equipment shall be used for the amplification of voices or sounds to a level exceeding allowable noise control standards pursuant to Chapter 5, Article V, entitled Noise Control Ordinance of the Carson Municipal Code.

7. In the CA zone, automotive and equipment auctions are only permitted on property fronting Avalon Boulevard with an approved conditional use permit. Lawfully established automotive and equipment auctions in the CA zone shall cease operations and discontinue business on or before July 1, 2017. After that date, no new auctions are permitted in the CA zone. (Ord. 96-1085, § 3; Ord. 04-1322, § 6; Ord. 11-1480, § 4)

9138.22 Church Uses within the CR (Commercial, Regional) Zone.

The establishment of churches, temples or other places of religious worship are a permitted use within the CR (Commercial, Regional) Zone, subject to the following:

1. The principal building shall be a free-standing structure for the exclusive use of a church, temple or other place of religious worship and permitted accessory uses.

2. No accessory use shall be permitted other than a school, daycare center or church-affiliated community or social center. No accessory use and/or facility shall be permitted unless it is clearly subordinate to the principal church use.

3. Church uses shall be subject to the requirements of CMC 9172.23 (Site Plan and Design Review) and CMC 9182.25 (Continuation of

Churches, Temples or Other Places of Religious Worship Located within the CR (Commercial, Regional) Zone). (Ord. 97-1115, § 2)

9138.3 Golf Facilities.

In connection with golf facilities including golf courses, golf driving ranges, or pitch-and-putt courses, the following requirements shall be met:

Screens or nets shall be provided wherever necessary, as determined by the Director, to prevent the travel of golf balls beyond the lot lines of the site on which a golf facility is located.

Such screens or nets shall be continuously maintained so as not to fall into disrepair and shall be subject to the applicable height restrictions unless otherwise approved by the Director.

The entire site of the golf facility, or other than paved areas and land occupied by structures, shall be covered with turf or other landscaping.

9138.4 Arcade Facilities.

In connection with the operation of an arcade, the following requirements shall be met:

(1) All activities shall be conducted entirely within an enclosed building.

(2) The arcade shall comply with the provisions of CMC 63106 through 63107.3.

In addition to the above requirements, arcades not in lawful existence on January 3, 1983, must comply with the following requirements.

(3) Interior walls of an arcade, if in common with another business establishment, shall be soundproofed to a minimum rating of 50 STC (Sound Transmission Class).

(4) A minimum of one (1) bicycle rack space shall be provided for every three (3) amusement machines. Such bicycle parking shall not be located in the public right-of-way or the required parking area. (Ord. 83-637U, § 4; Ord. 83-644U; Ord. 83-665U; Ord. 84-685, § 4)

9138.5 Alcoholic Beverage Sales and Services.

In connection with alcoholic beverage sales and services, the following requirements shall be met:

After the effective date of Ordinance No. 01-1231, no off-sale business (incidental) shall be established within three hundred (300) feet of any school or park, and no off-sale business (primary) shall be established within three hundred (300) feet of any school, park or church. The distances set forth in the preceding sentence shall be determined by measuring from lot line to lot line.

The total number of on-sale businesses shall not exceed eighty-five (85).

The total number of off-sale businesses shall not exceed seventy (70). (Ord. 82-621, § 3; Ord. 83-657, § 1; Ord. 01-1231, § 2)

9138.6 Small Collection Recycling Facility.

A small collection recycling facility is permitted only in a designated convenience district as defined in CMC 9191.508. No small collection recycling facility shall be established, maintained or enlarged in any zone unless it complies with the following requirements:

A. Shall be permitted only within a designated convenience district as defined in CMC 9191.508, and shall be certified, or shall have applied to be certified, as a recycling location pursuant to Division 12.1 (commencing with Section 14500) of the Public Resources Code;

B. Shall be permitted only as an accessory use to an existing primary commercial use;

C. Shall contain not more than one (1) type of collection facility as described in CMC 9191.508(B), which shall be located on the site in such a manner as not to obstruct pedestrian, automobile or truck circulation;

D. Shall not occupy parking spaces required by the primary commercial use;

E. Shall be designated on a site plan to be submitted and approved in accordance with CMC 9172.23;

F. Shall not occupy any portion of a front setback or any setback which abuts an existing or future public right-of-way;

G. Shall be landscaped to the satisfaction of the Community Development Director;

H. Shall not occupy an area in excess of five hundred (500) square feet, including any protective enclosure; provided, however, that a small collection recycling facility consisting of one (1) single-feed reverse vending machine shall not occupy an area in excess of fifty (50) square feet, including any protective enclosure, and shall not exceed eight (8) feet in height;

I. Shall be constructed with durable waterproof and rustproof material and shall be maintained at all times in a clean, litter-free condition;

J. Shall observe the hours of operation of the primary commercial use;

K. Shall be clearly marked to identify the type of material to be deposited, the operating instructions, and the identity and telephone number of a responsible person to call if the facility is inoperative. The signage on any reverse vending machine shall not exceed four (4) square feet, exclusive of the operating instructions;

L. Shall be adequately illuminated to ensure public safety;

M. Shall accept only recyclable materials as defined in CMC 9191.508;

N. Shall provide for storage of all recyclable materials within the facility at all times; and

O. Shall not operate at noise levels in excess of sixty (60) dBA as measured at the property line of any adjacent residentially zoned property. (Ord. 87-819, § 2; Ord. 95-1070, § 1)

9138.7 Mixed-Use or Residential Development in a Mixed-Use Residential (MUR) Overlay District.

A. Purpose. The Mixed-Use Residential Overlay District (MUR) is intended:

To encourage a diversity of compatible land uses, which may include a mixture of office, retail sales and services, food sales and services, education, health services, multiple-family residential, residential condominiums, and recreational uses.

To promote a diverse economic base that serves local residents by providing jobs and City revenues.

To assist in improving the quality and quantity of housing available to meet the need of all social and economic groups within the community by encouraging new residential and mixed-use developments in planned locations with appropriate densities, heights, building massing, site planning, architectural design and mixture of uses.

To achieve pedestrian-oriented development by encouraging pedestrian access, building entries that face and engage the street, design on a human scale, parking management to reduce the prominence of parking lots and development clustered along major corridors served by public transportation.

To achieve harmony between each development and the surrounding community through flexibility in architectural design and site planning.

To create a balance in the use of land which is conducive to a higher quality of life and environment for residents, businesses and employees.

B. Minimum Lot Size for Development. The minimum lot size for mixed-use development shall be twenty thousand (20,000) square feet. The minimum lot size for exclusively residential development shall be thirty thousand (30,000) square feet.

C. Minimum Street Frontage. The minimum street frontage for mixed-use or residential development shall be one hundred (100) feet.

D. Floor Area Ratio (FAR). The maximum floor area ratio of mixed-use or residential development shall be 1.5. If area for commercial uses is provided within a building or structure intended for mixed-use occupancy, a minimum of 0.15 FAR and a maximum of 0.7 FAR shall be devoted for commercial uses. For the purposes of this Section, the area of subterranean parking garages shall not be included in the FAR calculation, and the area of partially subterranean parking garages shall be calculated at fifty (50) percent of the gross floor area. Deviations from the minimum or maximum commercial FAR may be allowed subject to the approval of a Development Plan by the Planning Commission pursuant to CMC 9172.23 (Site Plan and Design Review) if the project includes affordable housing opportunities as defined by this Chapter.

E. Vehicular Access, Maneuvering Areas and Parking Spaces. Vehicular access, maneuvering areas and parking spaces shall be in accordance with all applicable provisions of this Chapter. In conjunction with mixed-use developments, parking for residential uses, except guest parking, shall be secured from general public access and shall be separate from off-street parking devoted for commercial uses. Separate secure pedestrian access shall be provided from the parking areas devoted for residential uses to secure areas directly accessible from the units.

Parking spaces devoted for residential purposes either in a mixed-use development or exclusively residential development may be provided in a common covered garage above, below or at grade level subject to the review and approval of a Development Plan by the Planning Commission pursuant to CMC 9172.23 (Site Plan and Design Review). Deviations from the parking requirements may be authorized subject to approval of a Development Plan by the Planning Commission pursuant to CMC 9172.23 (Site Plan and Design Review) if the project includes affordable housing opportunities as defined by this Chapter.

Tandem parking may be used to satisfy minimum parking requirements for residential portions of a mixed-use development or for an exclusively residential development provided that all of the following conditions are met:

1. Both tandem spaces shall be assigned to the same unit.

2. Parking for no more than twenty-five (25) percent of the units shall be accommodated by tandem spaces.

3. Two (2) parking spaces in tandem shall have a combined minimum dimension of nine (9) feet by thirty-six (36) feet.

4. The use of tandem parking shall be approved by the Director of Engineering Services.

F. Residential Design Standards. Exclusively residential developments and the residential portions of mixed-use developments shall be in conformance with the requirements set forth in CMC 9128.11 (Intent and Purpose), 9128.13 (Application for a Conditional Use Permit), 9128.14 (Development Policy), 9128.16 (Development Criteria), 9128.17 (Declaration of Covenants, Conditions and Restrictions), 9128.51 (Multiple-Family Dwellings), 9128.53 (Application for a Conditional Use Permit), and 9128.55 (Development Criteria).

Residential uses shall be permitted pursuant to the development standards established by CMC 9128.15 and 9128.54 except as modified as follows:

1. Private Open Space. A reduction in the amount of private open space may be authorized subject to the review and approval of a Development Plan by the Planning Commission pursuant to CMC 9172.23 (Site Plan and Design Review).

2. Landscaping Requirements. All portions of setbacks not covered by permitted encroachments, pedestrian walkways, or driveways shall be landscaped. Open parking areas located at or above grade shall be landscaped in accordance with CMC 9162.52 (Landscaping Requirements). All landscaping shall be in compliance with the provisions of Division 8, Part 6 of this Chapter relating to water efficient landscaping. One (1) specimen size tree (thirty (30) inch box tree) shall be provided for each four (4) units. A reduction in the number of required specimen trees may be authorized subject to the review and approval of a Development Plan by the Planning Commission pursuant to CMC 9172.23 (Site Plan and Design Review).

3. Recreational Facilities. Recreational facilities shall be designated as that space suitably equipped and devoted to active or passive recreation for the exclusive use of the residents of a particular residential building or structure. An area equal to or greater than fifteen (15) percent of the gross floor area which is devoted for residential purposes shall be provided as private residential recreational space. Private residential recreational space may be located at ground level, on or above the residential plane, on rooftops, or within the building or structure; provided, that sixty (60) percent of the total of this space shall be open to the sky. (Added by Ord. 94-1039, § 12; Ord. 95-1074, §§ 2, 3)

9138.71 Outdoor Advertising Signs in an Electronic Marquee Signage (EMS) Overlay District.

A. Purpose. The Electronic Marquee Signage (EMS) Overlay District is intended to provide for the off-site advertisement, by means of electronic message center signs, of extraordinary attractions benefiting the City and of the sponsors of such attractions. To the extent the provisions of this Section conflict with any other provision of this Code, the provisions of this Section shall be controlling.

B. Permitted Use. Outdoor advertising signs that are permitted in the Electronic Marquee Signage (EMS) Overlay District.

C. Development Standards. The following development standards shall be applicable to outdoor advertising signs in the Electronic Marquee Signage (EMS) Overlay District:

1. Such sign shall be an electronic message center sign.

2. Such sign shall not exceed the following dimensions: a height of ninety-five (95) feet above freeway grade and a width of forty-six (46) feet.

3. A development plan for such sign shall be submitted and approved in accordance with subsection D of this Section and the Site Plan and Design Review procedure as provided in CMC 9172.23.

D. Development Plan Approval. The provisions of this paragraph shall supersede the provisions of CMC 9172.23 to the extent of any inconsistency. The Commission shall be an advisory agency and the Council shall be the approval authority for a development plan application for an outdoor advertising sign in the Electronic Marquee Signage (EMS) Overlay District.

The Commission shall hold a public hearing on the application and shall, by resolution, render its decision in the form of a recommendation to the Council. Failure of the Commission to render a decision within forty (40) days of the date the matter first appears on a Commission agenda for public hearing shall be deemed approval of the application. The Council shall hold a public hearing following the Commission’s decision and shall, by resolution, render its decision on the application. The decision of the Council shall be final.

E. Outdoor advertising signs established pursuant to this Section shall be subject to CMC 9167.6, except that the display on such signage of the names of companies which sell beer products, or the subsidiaries or divisions of such companies which sell beer products, shall be permitted on such outdoor advertising signage. (Ord. 02-1245, § 3)

9138.72 Sex Offender Residency Restrictions.

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

9138.8 Sidewalk, Parking Lot and Tent Sales and Special Events.

In connection with temporary sidewalk, parking lot, and tent sales, and special events, the following requirements shall be met:

A. Only nonprofit organizations and merchants with a permanent location may conduct such sales.

B. The applicant shall obtain written approval to conduct such sales from the property owner.

C. The event shall be conducted outside an enclosed building and shall not encroach upon public rights-of-way.

D. The applicant shall submit adequate plot plans depicting pedestrian and vehicular circulation, parking and fire lanes acceptable to the Planning Division.

E. In the case of a tent sale, County Fire Department approval must accompany the application.

F. Such sales shall be subject to prior approval of the Director.

G. Tent events for a period not to exceed three and one-half (3.5) months that are hosted by department stores or regional shopping centers with a gross floor area of at least one hundred thousand (100,000) square feet located in the CR zoning district and in a Mixed-Use Residential (MUR) overlay district may be approved by the Planning Manager; provided, that the event meets all the requirements for location, parking, and access. All other sidewalk, parking lot and tent sales, and special events shall occur no more than one (1) weekend in any three (3) month period, or similar time period as determined by the Planning Officer to be appropriate. (Ord. 88-857, § 4; Ord. 89-888, § 1; Ord. 09-1421, § 1; Ord. 11-1479, § 14)

9138.9 Adult Business.

In connection with an adult business, the following requirements shall be met:

A. Location Standards.

1. The use shall not be located on property that is either:

a. Within a project area of the Carson Redevelopment Agency and zoned Commercial General (CG); or

b. Within a mixed-use residential overlay district with mixed-use development located therein or improved with buildings or structures designed or intended for mixed-use occupancy.

2. The use shall not be located within a one thousand (1,000) foot radius of any of the following:

a. Another adult business;

b. A public or private element elementary or secondary school;

c. A public park; or

d. The Carson Civic Center, as such term is defined in CMC 9191.072.

3. The use shall not be located on any lot or parcel of land that has a front yard on the same or opposite side of the street as a lot or parcel of land that (1) is within the distance specified in the left column below, (2) is zoned or used for the purposes specified in the right column below, and (3) has a front yard abutting the same street:

Distance	Use
1,000 feet	A licensed day care center located in a commercial zone
500 feet	A church, temple or other place of religious worship
500 feet	A residence

4. For purposes of this Section, measurements shall be made in a straight line, without regard to intervening structure or objects, from the nearest property line of the property where an adult business is to be conducted to the nearest property line of the premises of any facility, use or business referenced above in subsections (A)(2) and (A)(3) of this Section.

5. The distance requirements applicable to the uses specified in subsections (A)(2) and (A)(3) of this Section shall not apply to any adult business located within a covered mall building provided that all customer access to the adult business is from the mall. As used in this subsection the terms “covered mall building” and “mall” are as defined in Section 5601(c) of the 1991 Edition of the Uniform Building Code.

B. Development and Performance Standards. Adult businesses shall comply with the following development and performance standards:

1. Advertisements, displays or other promotional materials depicting or describing “nude” or “semi-nude” persons, as defined in CMC 9191.411, or “specified sexual activities,” as defined in CMC 9191.621, or displaying instruments, devices or paraphernalia which are designed for use in connection with “specified sexual activities” shall not be shown or exhibited so as to be visible from other areas open to the general public.

2. All building openings, entries and windows for an adult business shall be located, covered or screened in such a manner as to prevent a view of instruments, devices or paraphernalia which are designed for use in connection with ten (10) specified sexual activities from any area open to the general public.

3. All entrances to an adult business shall be clearly and legibly posted by a notice indicating that minors are prohibited from entering the premises as to the extent such signs are required by state law.

4. All entrances, exits, vehicular parking spaces, and yard areas for the adult business shall be developed such that they are directly visible from the public right-of-way unless the access thereto is physically restricted to employees only.

5. No loudspeakers or sound equipment shall be used by an adult business for the amplification of sound to a level discernible by the public beyond the walls of the building in which the adult business is conducted.

C. Procedural Standards. Notwithstanding the provisions of CMC 9172.21, the Commission shall hold a hearing on an application for a conditional use permit for an adult business within four (4) months of the date the application is deemed complete, and shall make a decision on the application within five (5) months of the date the application is deemed complete, unless an extension to these time limits is agreed to by the applicant.

D. Required Findings. Notwithstanding the provisions of CMC 9172.21(d)(1), the Planning Commission shall approve a Conditional Use Permit for an adult business if the Commission is able to make affirmative findings based on all of the following criteria:

1. The proposed use and development are consistent with the General Plan and either comply with or are concurrently conditioned to comply with the location standards and development and performance standards set forth in this Section;

2. The proposed site is adequate in size, shape and topography to accommodate the proposed use, the amount of vehicular parking spaces, and other improvements required by this Code;

3. The proposed site has vehicular and pedestrian access to an improved roadway and the proposed use will not result in an unmitigated reduction in the level of service standard of traffic capacity on adjacent roadways; and

4. The proposed site and use will be in compliance with all other objective development requirements as set forth in Divisions 5 and 6 of Part 3 of Chapter I of Article IX of this Code and Part 6 of Chapter I of Article IX of this Code, to the extent such requirements are not in conflict with the provisions of this CMC 9138.9. (Added by Ord. 94-1035U, § 5; Ord. 94-1037, § 6)

9138.91 Massage Service.

A. Purpose and Intent.

1. The permit requirements and restrictions imposed by this Code are reasonably necessary to protect the health, safety, and welfare of the citizens of the City of Carson.

2. The City of Carson is authorized, by virtue of the State Constitution, Sections 51030 et seq. of the Government Code, and Section 13 of the Chiropractic Act to regulate massage establishments by imposing, reasonable standards relative to the skill and experience of massage operators and massage technicians and reasonable conditions on the operation of massage establishments.

3. There is a significant risk of injury to massage clients by improperly trained and/or educated massage technicians, and this Code provides reasonable safeguards against injury and economic loss.

4. There is opportunity for acts of prostitution, lewdness, and other unlawful sexual activity to occur in massage establishments. Courts have long recognized massage as a pervasively regulated activity and that massage establishments are often brothels in disguise. The establishment of reasonable standards for issuance of permits and restrictions or operations would serve to reduce the risk of illegal activity and would thereby benefit the public health.

5. The restrictions and requirements contained in this Section are intended to reduce the burden on the Sheriff’s Department and the City of Carson Code Enforcement Division in the regulation of massage establishments.

6. The restrictions and requirements contained in this Section are intended to be in addition to the requirement of a valid business license and permit issued by the Business License Division or any license requirements imposed by the State or local agency.

7. The regulations and restrictions contained in this Code are intended to discourage massage establishments from degenerating into houses of prostitution, and the means utilized in this Code bear a reasonable and rational relationship to the goals sought to be achieved by the City of Carson as described in the General Plan.

B. Definitions. In addition to the definitions provided in CMC 63134 and for the purpose of this Section, the following definitions apply:

1. “Massage Establishment” means a fixed place of business where one or more persons engage in or carry on the practice of massage either as a principle or ancillary use. For the purpose of this Section, this definition shall not include those businesses that offer sexual stimulation or other adult-oriented activity in the guise of an establishment for therapeutic massage.

2. “Massage Parlor” means an establishment that provides massage service as its principle use. For the purpose of this Section, this definition shall not include those businesses that offer sexual stimulation or other adult-oriented activity in the guise of an establishment for therapeutic massage.

3. “Massage” or “Massage Service” means any method of pressure or acupressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, or stimulating the external parts of the body with the hands or other parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances, or with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations commonly used in this practice. This definition includes the practice of Therapeutic Massage or Massage Therapy. For the purpose of this Section, “Massage” or “Massage Service” shall not apply to any duly licensed physician, surgeon, osteopath, chiropractor or to other persons duly licensed by the State to treat, manipulate, operate upon or prescribe for the persons or bodies of human beings and who are actually practicing said licensed profession or to graduate nurses, or to students of medicine, surgery, osteopathy, chiropractic or similar professional callings actually attending accredited schools.

4. “Massage Technician” or “Massage Practitioner” means any person, who, for any monetary form of consideration whatsoever, gives or administers to another person a massage as defined in this Section.

5. “Therapeutic Massage” or “Massage Therapy” means the practice of kneading or otherwise manipulating a person’s muscles and other soft tissue with the intent of improving a person’s well-being or health and preventing and alleviating pain, discomfort, muscle spasm, and stress.

C. Required Permits.

1. Conditional Use Permit.

a. Pursuant to CMC 9172.21, an application for a massage establishment shall be subject to the requirements of a Conditional Use Permit, unless otherwise specified herein. The Planning Commission has the authority to approve such Conditional Use Permit. Any facility used for massage service shall be available for City inspection subject to reasonable notice.

b. The City retains the right to inspect these massage establishments, at minimum on an annual basis, after issuance to ensure the owner’s continued compliance with the Conditional Use Permit. The cost of such inspection should be paid by operator pursuant to a fee set forth in the City’s fee schedule.

c. The Planning Commission retains the discretion to deny any application for a Conditional Use Permit where the massage establishment is within close proximity, as determined by the Planning Commission, to any adult business or establishment selling alcohol for on-site consumption, including bars and taverns.

2. Business License and Business Permit.

a. No person shall engage in, conduct or carry on, or permit to be engaged in, conducted or carried on, in any location within the City, the business or operation of a massage establishment, and no person shall manage a massage establishment, without first obtaining a valid business license and permit issued by the City Business License Division.

b. Each establishment providing massage services in a massage parlor must additionally obtain a valid massage parlor permit in compliance with CMC 63134, regardless of whether such person has a valid business permit for a massage establishment. In addition, no operator and/or manager shall employ or allow any person to work in the establishment as a massage technician who does not have a valid massage technician permit issued by the City Business License Division.

3. Massage Technician Permit.

a. No person shall work as a massage technician in a massage establishment without first having obtained a valid massage technician permit in accordance with CMC 63135. A valid massage technician permit shall be required for any person who offers to, engages in, conducts, or provides massage services from any location within the City whether in the capacity of an employee or an independent contractor.

b. A massage technician permit does not automatically authorize the operation or management of a massage establishment. Any person permitted to perform massage services who desires to operate or manage a massage establishment must apply separately and obtain a business license and a massage service permit.

D. Exceptions.

1. In addition to the exceptions included in CMC 63134.4 and 63134.5, the required permits described in this Section shall not apply to, have no effect upon, and shall not be construed as applying to:

a. Any duly licensed physician, surgeon, chiropractor, acupuncturist, osteopath, or physical therapist licensed to practice such specialized profession in the State of California.

b. Any registered nurse or licensed vocational nurse, licensed to practice under the laws of the State of California, who is an employee of and working under the direction of a physician, surgeon, chiropractor, or osteopath, duly licensed to practice their respective professions in the State of California. Practical nurses or other persons that do not meet the requisite qualifications for a massage technician, or any other person not otherwise licensed by the State of California, whether or not employed by physicians, surgeons, or chiropractors, osteopaths, acupuncturists, or physical therapists, may not provide massage or act as a massage technician.

c. Any person licensed to practice any healing art under the provisions commencing with Section 700 of the Business and Professions Code when engaging in such practice within the scope of such license.

d. Any person providing massages ancillary to a legitimate primary business which do not involve disrobing and are not administered in a room separate and apart from the legitimate primary business.

e. For the purpose of this Section, privacy panels and similar separation systems shall not constitute a separate room subject to the approval of the Planning Division. The massage activity pursuant to this paragraph shall be considered ancillary if it can be demonstrated that it does not comprise more than twenty-five (25) percent of the gross floor area of the overall business.

f. Hospitals, senior-citizen nursing homes, sanatoriums, or other health care facilities duly licensed by the State of California, and the employees of such facilities while working on the premises of such State-licensed facilities.

g. Accredited high schools, junior colleges, trade schools, and colleges or universities whose coaches and trainers are acting within the scope of their employment.

h. Barbers, beauticians, or manicurists who are duly licensed by the State of California pursuant to the Barbering and Cosmetology Act set forth in the Business and Professions Code Section 7300 et seq., as the same may be amended from time to time, while engaging in practices within the scope of such license, except that this exemption applies solely for the massaging of the back, neck, face, and/or scalp of the customer or client of said barber or beautician or, in the case of a licensed manicurist, the massaging of the forearms, hands, calves, and/or feet.

i. Schools of cosmetology or barbering which comply with the requirements of Business and Professions Code Section 7362 et seq. when instructors are acting within the scope of their employment or when students are working as unpaid externs pursuant to the requirements of Business and Professions Code Section 7395.1.

2. Any person claiming exemption under this Section shall furnish satisfactory evidence that he or she is entitled to such exemption, including, proof of bona fide employment, or if applicable, a citation or certification to the particular provision of the Business and Professions Code upon which that person relies. Any facility used for massage service shall be available for City inspection subject to reasonable notice. (Ord. 06-1349, § 3)

9138.92 Tattoo Service.

A. Purpose and Intent.

1. The permit requirements and restrictions imposed by this Section are reasonably necessary to protect the health, safety, and welfare of the citizens of the City of Carson.

2. The restrictions and requirements contained in this Section are intended to reduce the burden on the Sheriff’s Department and the City of Carson Code Enforcement Division in the regulation of tattoo services.

3. The restrictions and requirements contained in this Section are intended to be in addition to the requirement of a valid business license issued by the Business License Division.

4. The regulations and restrictions contained in this Section are intended to bear a reasonable and rational relationship to the goals sought to be achieved by the City of Carson as described in the General Plan.

B. Definitions. For the purpose of this Section, the following definitions apply:

1. “Body Pierce” means to puncture, perforate, or penetrate a human body part or tissue with an object, appliance, or instrument for the purpose of placing a foreign object in the perforation to prevent the perforation from closing. The puncturing of the outer perimeter or lobe of the ear shall not be included in this definition.

2. “Tattoo” means an indelible mark or figure fixed upon a body by insertion of pigment under the skin or by production of scars.

3. “Tattoo Establishment” means premises used for the business of marking or coloring the skin with tattoos, and all furnishings, equipment, instruments, dyes and inks, and other facilities maintained therein incidental to such use.

4. “Tattoo Parlor” or “Tattoo Facility” – see “Tattoo Establishment.”

5. “Tattoo Service” means a business that provides tattoos to customers.

C. Required Registration and Permits.

1. Conditional Use Permit. Pursuant to CMC 9172.21, an application for tattoo service shall be subject to the requirements of a Conditional Use Permit, unless otherwise specified herein. The Planning Commission has the authority to approve such Conditional Use Permit.

2. Business License.

a. No person shall engage in, conduct or carry on, or permit to be engaged in, conducted or carried on, in any location within the City, the business or operation of a tattoo establishment, and no person shall manage a tattoo establishment, without first obtaining a valid business license issued by the Business License Division.

b. Each person providing tattoo service in a tattoo establishment who is not a paid employee of said establishment, but is contracted or otherwise paid apart from the establishment, must obtain a separate business license. Paid employees of the establishment need not obtain a separate business license.

3. Registration. Every person conducting tattoo services, as defined in this Section, or desiring to conduct such activity, on or after the effective date of the ordinance, shall register with the Los Angeles County Health Department in compliance with applicable County codes.

4. Public Health Facility and Public Health Operator Permits.

a. Every person owning a tattoo establishment shall, within one (1) year of the effective date of the ordinance codified in this Section and in compliance with CMC 9182.22(A), or prior to the operation of a tattoo establishment, obtain and maintain a valid public health facility permit in compliance with applicable County codes.

b. Every person conducting tattoo activity shall, within one (1) year of the effective date of the ordinance codified in this Section and in compliance with CMC 9182.22(A), or prior to conducting any tattoo service, obtain and maintain a valid public health operator permit in compliance with applicable County codes.

D. Posting Requirements.

1. The public health facility permit issued to the owner of any facility operating as a tattoo establishment must be posted and exhibited at all times in an area that is visible to the public and clients of said establishment.

2. The public health operator permit issued to a person providing a tattoo service must be posted and exhibited at all times in an area that is visible to the public and clients of any tattoo establishment in which tattoo services are provided.

3. Every person registered with the department shall at all times prominently post the certificate of registration adjacent to his or her workstation in an area that is readily visible to clients from that location.

E. Communicable Disease Control. If the City of Los Angeles County Health Department has reasonable cause to suspect a communicable disease is, or may be, transmitted by any person conducting activities regulated by this Section, or by any use of contaminated equipment, or by other unsanitary or unsafe conditions which may adversely impact the public health and safety, the City of County Health Department may do any or all of the following:

1. Issue an order excluding from the permitted tattoo establishment any person responsible for transmitting a communicable disease, or reasonably believed to be responsible for transmitting a communicable disease, or reasonably believed to pose a substantial risk of transmitting a communicable disease, until the City or Los Angeles County Health Department determines there is no further risk to the public health and safety.

2. Issue an order to immediately suspend the public health facility permit issued to the owner of the tattoo establishment until the City or Los Angeles County Health Department determines there is no further risk to the public health and safety.

3. Issue an order to an owner, an employee or a client of a tattoo establishment, to provide information reasonably deemed necessary to prevent the spread of communicable disease.

F. Inspections. Any and all tattoo establishments shall permit City officers, including code compliance officers, to inspect any premises providing tattoo services for compliance with applicable codes.

G. Violation and Noncompliance.

1. Penalty. Any person who operates a tattoo establishment in violation of this Section shall be guilty of a misdemeanor, punishable by a fine not to exceed $1,000, imprisonment in the county jail for a period not to exceed six (6) months, or both.

2. Injunctive Relief. Any act or failure to act which is a violation of this Section may be the subject of a civil action to enjoin the person so acting or failing to act to conform his or her conduct to the provisions of this Code. The filing and prosecution of such an action shall, in no way, limit the authority or ability to impose other requirements of this Section or penalties enumerated hereunder.

3. Owner Responsibility. The owner of a tattoo establishment is responsible for any violation by any person who does any tattoo service with the owner’s consent, or in the owner’s tattoo establishment, whether such person is an employee or a tattoo technician independent operator. Any such tattoo activity done with the owner’s actual or constructive knowledge is presumed to be done with the owner’s consent.

H. Exceptions.

1. The required permits described in this Section shall not apply to, have no effect upon, and shall not be construed as applying to the application of permanent make-up or cosmetic reconstruction applied by a licensed practitioner, licensed cosmetician, or licensed electrologist as defined in the California Business and Professions Code, and has received additional training in the procedures, practices and techniques of permanent make-up application and cosmetic reconstruction.

2. Any person claiming exemption under this Section shall furnish satisfactory evidence that he or she is entitled to such exemption, including proof of bona fide employment, or if applicable, a citation or certification to the particular provision of the Business and Professions Code upon which that person relies.

3. A person who exclusively engages in the piercing of the leading edge or earlobe of the ear shall be exempt from the permitting and registration requirements of this Section, provided he or she does the following:

a. Performs the procedure through the use of an approved ear perforating mechanical device to force the single-use stud or single-use needle through the tissue of the ear; and

b. Utilizes a sterile, disposable, single-use stud or single-use solid needle.

I. Severability. If any provision of this Section or the application thereof to any person or circumstance is held invalid, the remainder of the Section or the application of such provision to other persons or circumstances shall not be affected thereby. (Ord. 06-1349, § 4)