§ 9126.9. Other Site Development Standards - Site Planning and Design. — Carson Zoning Code

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

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

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

To promote residential amenities beyond those expected under conventional development.

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

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

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

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

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

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

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

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

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

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

Common open space developed for recreation purposes.

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

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

Present or future hiking, riding or bicycle trails.

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

Other similar areas determined appropriate by the approving authority.

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

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

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

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

Landscaping. A plan for landscaping all open areas shall be submitted to and approved by the approving authority.
Division of Lots. In addition to a tentative division of land map when required by the Subdivision Ordinance of the City of Carson (Chapter 2 of Article IX of the Carson Municipal Code), where lots are to be sold or separated in ownership from other property in the development, or applicable phase thereof, a map shall be submitted to the approving authority indicating the proposed boundaries of the lots to be sold or separated in ownership. Where the proposed division would create one (1) or more lots having an area, width or frontage less than the normal site requirements as provided in Division 5 of this Part, said map shall also delineate the relationship between said lots and open space provided as required in subsection (C)(1) of this Section. The approving authority may approve the proposed division in ownership if it finds the relationship between the proposed lots and the designated open space affords effective use and enjoyment of said open space to the occupants of each of said lots.
Sale or Separation of Lots. Where lots are sold or otherwise separated in ownership, no dwelling unit or lot for a residential building shall be sold or encumbered separately from an undivided interest in the open space appurtenant to such dwelling unit or lot as required by subsection (C)(1) of this Section. Such undivided interest shall include either an undivided interest in the open space or a share in the corporation or voting membership in an association owning this open space where approved as provided in subsection (C)(1) of this Section. This provision shall not apply when said required open space has been accepted for public dedication, or where held in separate ownership with recreational rights to the required open space reserved to the lot owners and maintenance easements granted to an established maintenance district, or where other means are established which will ensure the permanent reservation and perpetual maintenance of required open space.