Chapter 19.13 — COMMERCIAL PUBLIC FACILITY ZONE — Commerce Zoning Code

19.13.010 - Intent and purpose. ¶

The commercial public facility (CPF) zone is intended to provide adequate space for public and quasipublic community facilities. These facilities are to be conveniently located to serve the needs of the community and protected from intrusion of other land uses. The types of uses allowed include municipal and other government buildings, public educational facilities, religious facilities, and recreational areas. Other uses, such as public service facilities, utilities and easements, and hospitals, may be permitted under certain conditions outlined in this Title 19.

(Ord. 544 § 1(part), 2000).

(Ord. No. 652, § 3, 9-17-2013)

19.13.020 - Use regulations.

A. Table 19.13.020A identifies the uses permitted in the commercial public facility (CPF) zone.

B.

Certain permitted uses and conditionally permitted uses may be subject to special conditions regarding the location, operation, or design of the use. Such uses are marked in Table 19.13.020A with an asterisk (*), and the special conditions that apply are contained in Chapter 19.31 (Standards for Specific Land Uses) of this Title 19.

C.

When a use is not specifically listed, the community development director shall have the authority to determine what use the proposed use is most similar to and whether such proposed use is permitted within the context of existing regulations.

Table 19.13.020A

Permitted Uses—Public Facility Zone

Use	PF
Billboard (Digital), Outdoor Advertising	P* subject to the requirements of Chapter 19.25 of this Title 19
Cemeteries, Crematories, Mausoleums, and Columbariums	C*
Churches and Similar Religious Institutions	P
Community Care Facilities (see Chapter 19.07,Division 2 for regulations)	C*
Dwelling, Accessory or Caretaker, including those for churches or religious facilities	C
Electric Distribution and Transmission Substation	P
Energy Support Facilities	P
Fire Station	P
Flood Control Channels, Basins, Facilities	P
---	---
Food Commissary, for Employees	P
Government Buildings	P
Greenhouses	A
Heliports, Airports or Landing Strips	C*
Highway Patrol Ofces and Facilities	P
Hospitals	C
Libraries	P
Nursery (plant)—Wholesale and Growing Stock	P
Parks, Playgrounds	P
Police Station	P
Public Educational Facilities	P
Public Parking Structures	P
Public or Quasi-Public Uses of Educational/Recreational Nature	P
Public or Quasi-Public Uses of Religious, Cultural, Public Service Nature	P
Transmission Towers (>60 ft.), Radio, Television, Cellular Telephone, and Microwave (see Chapter 19.27)	C
Water Pumping, Water Works, Treatment Plants, and Public Utilities	C

Key: P = Permitted Use

A = Permitted as an Accessory Use

C = Conditional Use Permit Required (See Chapter 19.39, Division 7)

T = Temporary Use

= Special use conditions and/or development standards apply

(Ord. 544 § 1(part), 2000).

(Ord. No. 652, §§ 4, 5, 9-17-2013)

19.13.030 - Development standards.

Table 19.13.030A identifies the development standards for uses in the public facility (PF) zone.

Table 19.13.030A

Development Standards—Public Facility Zone

Development Standard	PF
1. Minimum Lot Area	15,000 sf
2. Maximum Building Height	35 ft. for lots adjacent to, across the street or alley from a residential zoned property; otherwise unlimited
---	---
3. Front Yard Setback (minimum)	15 ft.
4. Side Yard Setback (minimum)	10 ft.
5. Rear Yard Setback (minimum)	20 ft.
6. Open Space Requirement (minimum)	5% of total lot area
7. Lot Coverage (maximum)	50% of total lot area
8. Floor Area Ratio (maximum)	0.5:1 for lots adjacent to, across the street or alley from a residential zoned property, otherwise 1.5:1

Abbreviations: sf = square feet; ft. = feet

(Ord. 544 § 1(part), 2000).

(Ord. No. 652, § 6, 9-17-2013; Ord. No. 755, § 2, 12-17-2019)

19.13.040 - Permitted projections.

Architectural and structural features on a building or structure are permitted to project into required setback areas as set forth in Table 19.13.040A.

Table 19.13.040A

Permitted Projections into Required Open Space—Public Facility Zone

Feature	PF
Eaves, cornices, other architectural features	2 ft. maximum
Fireplace structures, 8 ft. wide or less	2 ft. maximum
Stairways, fre escapes	No restriction
Uncovered porches at frst foor level	6 ft. maximum
Balconies	3 ft. maximum
Planting boxes, planters	No restriction
Guard railings around ramps	No restriction

(Ord. 544 § 1(part), 2000).

(Ord. No. 652, § 7, 9-17-2013)

19.13.050 - Fences, hedges, and walls.

A.

The location, height, and design of fences, hedges, and walls shall be subject to review and approval of the community development director.

B.

Fences, hedges, and/or walls shall be required along any property line adjoining a residential zone, school, or park. The height, materials, and design of such features shall be subject to the review and approval of the community development director.

(Ord. 544 § 1(part), 2000).

19.13.060 - Reserved. 19.13.070 - Other applicable regulations. ¶

In addition to the requirements contained in this chapter, regulations contained in the following chapters of this title shall apply to development in the commercial public facility (CPF) zone:

Chapter 19.01: General Provisions

Chapter 19.19: Site Planning and General Development Standards

Chapter 19.21: Off-Street Parking and Loading

Chapter 19.23: Landscaping Standards

Chapter 19.25: Signs

Chapter 19.31: Standards for Specific Land Uses

Chapter 19.37: Nonconforming Uses and Structures

(Ord. 544 § 1(part), 2000; Ord. No. 652, § 8, 9-17-2013)

CHAPTER 19.15 - PLANNED DEVELOPMENT OVERLAY ZONE

19.15.010 - Purpose. ¶

A.

The planned development overlay zone (PD) is an overlay zone, to be used only in conjunction with an underlying zone district. The PD overlay zone is intended to encourage a creative approach in land use development. The PD overlay zone provides for variety in the pattern of physical development in the city and emphasizes good design standards over specific requirements.

B.

A planned development is intended to give the planning commission detailed information about the proposed project before the project is permitted. Such a plan may be required of any project or planned development in order to aid in the systematic implementation of the city's general plan. All such plans must be consistent with the general plan, and may be prepared by the city or a project applicant.

(Ord. 544 § 1(part), 2000).

19.15.020 - Permitted uses. ¶

A.

The PD overlay zone requires a minimum of sixty percent of a lot to be developed with one or more of the principally permitted uses of the underlying zone.

B.

Certain permitted uses and conditionally permitted uses may be subject to special conditions regarding the location, operation, or design of the use. A public hearing before the planning commission is required before a conditional use permit (CUP) will be granted for proposed uses other than the permitted or accessory uses in the underlying zone.

C.

When a use is not specifically listed, the planning commission shall determine if the use is allowed in the PD overlay zone based on the finding that the use is similar to and no more detrimental than those listed in the same underlying zone.

(Ord. 544 § 1(part), 2000).

19.15.030 - Application requirements.

A.

A minimum of forty thousand square feet in total development site area is required for any planned development application.

B.

An application for a planned development shall include text and drawings or diagrams that specify all of the following in detail:

1.

The distribution, location, and extent of land uses, including open space, within the plan area;

2.

The proposed distribution, location, intensity, and extent of major components of infrastructure and facilities needed to support the plan, including transportation, sewage, water, drainage, solid waste

disposal, energy, and others;

3.

Standards and criteria for development, and standards for the conservation, development, and utilization of natural resources, where applicable;

4.

A program of implementation measures, including regulations, programs, public works projects, and financing measures necessary to implement the elements of the planned development;

5.

A statement of the relationship of the planned development to the general plan.

(Ord. 544 § 1(part), 2000).

19.15.040 - Development standards. ¶

All new and revised planned developments shall comply with the following requirements and standards:

A.

All planned developments shall require approval of a CUP and zone change.

B.

All planned developments shall require approval of a traffic management plan.

C.

A master plan for the planned development, including a site plan, landscape plan, elevations, and proposed design, shall be submitted to the city for review and approval.

D.

A master sign plan, with elevations and facade samples, shall be submitted for all commercial or industrial planned developments.

E.

Development standards for PD overlay zones may vary from those of the underlying zone, as long as the planned development complies with all open space, landscaping, parking, and loading requirements of the underlying zone.

(Ord. 544 § 1(part), 2000).

19.15.050 - Reserved. ¶

19.15.060 - Other applicable regulations.

In addition to the requirements contained in this Chapter 19.15, any applicable requirements found in the following chapters of this Title 19 shall apply to development in the planned development (PD) overlay zone:

Chapter 19.01: General Provisions

Chapter 19.19: Site Planning and General Development Standards

Chapter 19.21: Off-Street Parking and Loading

Chapter 19.23: Landscaping Standards

Chapter 19.25: Signs

Chapter 19.31: Standards for Specific Land Uses

Chapter 19.37: Nonconforming Uses and Structures

(Ord. 544 § 1(part), 2000).

CHAPTER 19.16 - SPECIFIC PLANS

19.16.010 - Purpose of chapter.

This Chapter identifies the specific plans adopted by the City of Commerce, established by Section 19.05.020 (Official Zoning Map).

(Ord. No. 785, § 6, 2-22-2022)

19.16.020 - Specific plans.

(a)

Modelo Specific Plan.

Properties contained with the Modelo Specific Plan as specified in the plan document shall be governed by the development standards and processes contained in said specific plan and in this title. Said development standards and processes in the Modelo Specific Plan are by this reference incorporated herein as if fully set forth and shall be on file in the office of the director. The specific plan and more particularly the development standards may be amended from time to time as provided under the California Government Code and the Commerce Municipal Code, and Modelo Specific Plan. This Chapter shall also be applicable for those properties unless otherwise specified within the specific plan. Wherever the regulations of the specific plan contain provisions which establish regulations, including, but not limited to, heights, densities, uses, parking, signs, open space, and landscaping requirements, which are different from the provisions contained in this code, the regulations of the specific plan shall prevail and supersede the applicable provisions of this code and those relevant ordinances. As the specific plan does not replace this code in its entirety, both the Modelo Specific Plan and this code must be used together.

(Ord. No. 785, § 6, 2-22-2022)

CHAPTER 19.17 - HISTORIC LANDMARK/DISTRICT

19.17.010 - Intent and purpose. ¶

The regulations and procedures outlined in this Chapter 19.17 are established to recognize and preserve the history of the City of Commerce and Southern California. This chapter provides for the identification and designation of historic places, buildings, works of art, neighborhoods, and other objects of historic or cultural interest within the city.

(Ord 544 § 1(part), 2000).

19.17.020 - Designation procedure. ¶

Designation of a historic landmark or district shall follow the procedures outlined in Chapter 19.39, Division 14 of this Title 19.

(Ord 544 § 1(part), 2000).

19.17.030 - Required findings.

In acting to approve designation of a historic landmark or district, the city shall make one or more of the findings outlined in Chapter 19.39, Division 14 of this Title 19.

(Ord 544 § 1(part), 2000).

19.17.040 - Maintenance of property.

The owner or individual in charge of a designated landmark or a structure within a historic district shall maintain the designated landmark or structure within the historic district in good condition. If the owner or individual in charge fails to make the necessary improvements for maintenance, the city may make the improvements and charge the costs as a lien against the property.

(Ord 544 § 1(part), 2000).

19.17.050 - Alteration permit.

A.

Public hearings shall be required for the review and approval of a permit to alter and/or restore a designated historic landmark or district.

B.

The planning commission shall sit as the cultural resource management commission (CRMC) and shall serve as the hearing body on matters related to the approval/disapproval of alteration permits.

(Ord 544 § 1(part), 2000).

19.17.060 - Consistency with other laws.

When state and federal laws are in conflict with the provisions for preservation and maintenance of historic landmarks outlined in this Title 19, the provisions of state and federal laws shall prevail to the extent of the conflict.

(Ord 544 § 1(part), 2000).

19.17.070 - Reserved. ¶

19.17.080 - Other applicable regulations.

In addition to the requirements contained in this Chapter 19.17, the provisions of Chapter 19.39 (Administration of the Zoning Ordinance) shall apply to the designation historic landmarks and districts.

(Ord 544 § 1(part), 2000).

CHAPTER 19.19 - SITE PLANNING AND GENERAL DEVELOPMENT STANDARDS

19.19.010 - Intent and purpose. ¶

Site planning and general development standards regulate the use of a building or land and are established to minimize public hazards and prevent the creation of nuisances and other conditions that are potentially harmful or discomforting to the users of the project or surrounding area. The purpose of these standards is to protect and improve the environment and the appearance of the community, and to deter blighting and nuisance conditions.

(Ord. 544 §1(part), 2000).

19.19.020 - Applicability.

A.

Site planning and general development standards shall apply to all new construction, renovation, and alteration of existing uses or structures in all zone districts and land uses. No building or land shall be used or constructed if it creates a dangerous, noxious, fire, explosive, or other hazard; noise or vibration; smoke, dust, odor, or air pollution; glare; or liquid or solid wastes in amounts that adversely affect surrounding areas.

B.

The standards contained in this Chapter 19.19 shall be applied in addition to the development standards contained in this Title 19 for any given zone. Whenever the performance and development standards are different, the more stringent standard shall govern.

(Ord. 544 §1(part), 2000).

19.19.030 - Property maintenance. ¶

The following standards are established to regulate the maintenance of all properties, land uses, and structures in the city:

Abandoned and inoperable automobiles, recreational vehicles, camper shells, or boats shall not be kept on the driveways of private property for more than seven days.

B.

Debris, rubbish, and trash, including but not limited to discarded old furniture, appliances, boxes, toys, etc.; discarded building materials; and equipment and materials stored on rooftops shall not be visible from public rights-of-way for more than three days.

C.

Structurally unsafe buildings, including but not limited to those with known fire hazards; faulty weather protection broken roofs; windows and doors; partially constructed structures when construction has ceased; unoccupied buildings that are left open; hazardous fences or walls; abandoned signs; and damaged buildings shall be demolished, removed, or fenced to prevent public access.

D.

Clotheslines shall not be allowed in front yards, nor shall fences be used as clotheslines.

E.

Erosion, subsidence, and surface water problems within a property shall be abated.

F.

Trash receptacles shall not be stored in any front yard with any residential zone.

(Ord. 544 §1(part), 2000).

19.19.040 - Solid waste receptacles and enclosures.

A.

Facilities Required. The design of any new, substantially remodeled, or expanded multifamily, commercial, or industrial building or structure shall provide for proper trash storage or handling that will accommodate solid waste loading and allow for efficient and safe waste removal or collection. Such facilities shall also be capable of accommodating recyclable materials collection bins as may be required by Chapter 6.13 of the Municipal Code.

B.

Size Requirements.

1.

4.

Solid waste storage areas shall not be allowed in front yards.

5.

All solid waste enclosures shall have an opaque gate with a closable latch.

==> picture [312 x 193] intentionally omitted <==

(Ord. 544 § 1(part), 2000).

19.19.050 - Street dedications and improvements.

To mitigate potential problems associated with project generated traffic and circulation, dedication of street right-of-way and construction of street and related improvements may be required as a condition of approval of permits issued in compliance with this title.

B.

The following standards shall govern any street dedication or improvement:

1.

No new construction or renovation shall be granted utility connections and a certificate of occupancy until one-half of the street along the entire length of the lot frontage is dedicated and improved according to city standards. For development of a portion of a lot, dedication and improvement shall apply only to abutting streets of that portion of the lot. A bond may be placed in lieu of improvements until the director of public services deems it practical to construct the improvements.

2.

The maximum area of land required for dedication shall not exceed twenty-five percent of the total lot area.

3.

Additional street improvements shall not be required when the abutting street is already improved according to city standards.

4.

A deed granting an easement for a public street shall be submitted to the city engineer before approval of any permit is issued.

C.

Street Improvement Standards.

1.

All streets shall be dedicated to the width established in the general plan circulation element.

2.

Street improvements shall include curb and gutter, sidewalks, storm drains, landscaped parkway.

3.

Street dedication shall include a corner cut-off area at intersections.

D.

Whenever uncertainty exists regarding the need for street dedication and improvement, the director of public services or his designee shall determine the need for dedication or improvement based upon studies and analysis and information contained in any applicable plans.

(Ord. 544 § 1(part), 2000).

19.19.060 - Corner cut-off area. ¶

Nothing shall be placed, planted, erected, or allowed to grow in the corner cut-off area that could impair vision above thirty inches above street grade (Figure 19.19.060-2).

==> picture [288 x 233] intentionally omitted <==

(Ord. 544 § 1(part), 2000).

19.19.070 - Construction materials. ¶

A.

Standards for construction materials are established to ensure that all buildings and structures in the city are attractive, durable, safe, and appropriate to the area in which they are located.

B.

The proposed materials and methods of construction of all buildings and structures shall meet the safety requirements of the Los Angeles County Fire Department for that type of structure and use, as well as the requirements of the city's building code.

C.

The expected life of the proposed construction material shall be at least as long as that of other materials typically in use for the type of building or land use.

D.

The appearance of the proposed construction materials, including, but not limited to, colors and textures, shall be compatible with other structures on the same lot, adjoining lots, other nearby buildings, and the overall character of the neighborhood.

E.

Walls and fences may be constructed of masonry, metal, or wood, so long as the material is new, in good condition, and compatible with the exterior appearance of the property on which it is located.

F.

Metal buildings are prohibited. However, this restriction shall not preclude the continued use, reuse, or rehabilitation of any legally established metal building.

(Ord. 544 § 1(part), 2000).

(Ord. No. 612, § 1, 10-7-2008)

19.19.080 - Outdoor storage. ¶

Outdoor storage areas shall be permitted only in the C/M-1, M-1, and M-2 zones, subject to the following regulations:

A.

All outdoor storage areas must be kept neat, orderly, and completely concealed from view from the public right-of-way by buildings, solid masonry walls, vine-covered chain-link fences or evergreen hedges a minimum of six feet in height.

B.

No outdoor storage shall be permitted within any required off-site parking or loading area.

C.

No materials within the outdoor storage area shall exceed eight feet in height.

D.

Materials that may cause fumes, dust, odor, or attract rodents or insects shall be stored in closed containers. Materials that may be transferred off a property by wind, rain, or other natural causes shall not be placed in outdoor storage areas.

Before a building or occupancy permit is issued by the city, the applicant shall be required to show proof that he has secured the necessary permits from the SCAQMD or that the project is exempt from SCAQMD regulations as of the date of filing of the city application.

(Ord. 544 § 1(part), 2000).

19.19.120 - Hazardous materials and wastes. ¶

A.

The United States Environmental Protection Agency (EPA) and the California Department of Health Services (DHS) identify hazardous materials and prescribe handling, use, and disposal practices. In order to protect the health and welfare of Commerce residents and visitors, the use, storage, manufacture, or disposal of hazardous materials shall be regulated and monitored according to standards established by these agencies and as outlined in this section.

B.

A risk management and prevention program in accordance with Article 2 of the California Health and Safety Code, together with an inventory statement that is in accordance with federal, state, and local laws shall be prepared for all structures and land uses using materials identified as hazardous by the DHS or the EPA.

C.

The use and storage of flammable or explosive materials shall comply with the fire prevention code of the city and all applicable ordinances. No open burning is permitted unless a written permit for such activity has been issued by the South Coast Air Quality Management District (SCAQMD).

D.

No liquid or solid waste or similar material that contaminates the water supply, or interferes with the bacterial processes in sewage treatment or otherwise causes the emission of dangerous or offensive elements shall be discharged into the public sewer or private disposal system, except in accordance with the requirements of the health ordinance, industrial waste ordinance, and other applicable regulations.

E.

No activity shall be permitted if it emits dangerous levels of radioactivity at any time.

F.

A health risk assessment may be required pursuant to the provisions of Section 19.11.070 of this Title 19.

(Ord. 544 § 1(part), 2000).

19.19.130 - Light and glare.

A.

Lighting for safety purposes shall be provided at entryways, along walkways, between buildings, and within parking areas.

B.

Lighting standards shall not exceed the maximum permitted building height or twenty-five feet, whichever is less.

C.

The candle power of all lights shall be the minimum needed to accomplish the purpose of the light. Figure 19.19.130-3 shall be used as a guide for determining the lighting required.

D.

No flickering or flashing lights shall be permitted in any residential or commercial zone. All lights shall be constant and shall not change intensity or color more often than once every thirty minutes.

E.

Lights sources shall not be located in buffer areas, except those required to illuminate pedestrian walkways.

==> picture [300 x 283] intentionally omitted <==

F.

All lights shall be directed, oriented, and shielded to prevent light from shining onto adjacent properties, onto public rights-of-way, and into driveway areas in a manner that would obstruct drivers' vision. Landscape lighting shall be low-level, unobtrusive fixtures.

G.

Lighting for advertising signs shall not cause light or glare on surrounding properties.

H.

All light fixtures shall be compatible with the architectural style of the project.

(Ord. 544 § 1(part), 2000).

(Ord. No. 612, § 2, 10-7-2008)

19.19.140 - Utilities.

A.

The developer or owner of a property shall be responsible for utility service connections, in cooperation with the utility company.

B.

In order to protect the public safety and improve the appearance and functioning of the community, all electrical distribution lines of sixteen kilovolts or less, telephone, cable television, and similar wires that provide customer services shall be installed underground, except for:

1.

Utility poles within six feet of the rear lot line used for terminating underground facilities.

2.

Temporary utilities while construction is ongoing.

3.

Risers and poles as provided by developer or owner.

4.

Meter boxes, terminal boxes, and similar equipment.

5.

Transformers, except that all transformers shall be located in vaults.

6.

Infill development in R-1 zones where existing overhead lines serve the area, subject to the approval of the director of community development.

(Ord. 544 § 1(part), 2000).

19.19.150 - Electrical disturbance. ¶

No activity shall be permitted if it causes electrical disturbance that affects the operation of equipment located beyond the property line. Radio, television, and microwave transmitters shall be suitably wired, shielded, and controlled so that they do not emit electrical waves or impulses that may affect other electronic devices or equipment.

(Ord. 544 § 1(part), 2000).

19.19.160 - Noise. ¶

A.

It is the policy of the city to prohibit unnecessary, excessive, and annoying noises from all sources subject to its police power, as certain noise levels are detrimental to the health and welfare of individuals. Therefore, any individual or organization that creates, maintains, causes, or allows to be created, caused, or maintained, any noise or vibration in a manner prohibited by or not in conformity with the provisions of this subsection, shall be considered to be creating a public nuisance and shall be punishable as such.

Any sound level measurement made pursuant to the provisions of this subsection shall be measured with a sound level meter using the "A" weighting scale at slow response or at a fast response for impulsive sounds.

C.

Precise noise measurements shall be taken throughout the city at specified locations. These measurements shall be established as the ambient levels for the areas in which the measurements are taken. The ambient levels established by the precise measurements shall be published periodically and utilized for determinations of violations of this subsection.

D.

The location selected for measuring exterior noise levels shall be at any point on the receptor property, and at least four feet above the ground and five feet from the nearest structure or wall. Interior noise

measurements shall be made within the receptor dwelling unit, at a point at least four feet from the wall, ceiling, or floor nearest the noise source with windows and doors closed.

E.

No person shall, at any location within the city, create nor allow the creation of noise on property owned, leased, occupied, or otherwise controlled by such person, that causes the noise level when measured on any property to exceed the ambient noise level or the noise standards set forth in Table 19.19.160A, whichever is greater.

F.

Increases in permitted noise levels prescribed in Table 19.19.160A may be permitted in accordance with the standards outline in Table 19.19.160B.

Table 19.19.160A

Noise Standards

Zone	Time	Allowable Noise Level - dbA
Residential	7 a.m. - 7 p.m. (day)	55
Residential	7 p.m. - 10 p.m. (evening)	50
Residential	10 p.m. - 7 a.m. (night)	45
Commercial	7 a.m. - 10 p.m. (day/evening)	65
Commercial	10 p.m. - 7 a.m. (night)	55
Industrial	Anytime	70

Table 19.19.160B

Permitted Increases in Noise Levels

Permitted Increase (dbA)	Duration of Increase (cumulative minutes/hour)
5	15
10	5
15	1
20	Less than one minute

G.

If the receptor property of a noise is located on the boundary between two different noise zones, the lower noise level standard applicable to the quieter zone shall apply.

H.

If a noise source is continuous and cannot be reasonably discontinued for sufficient time in which to determine the ambient noise level, the measured noise level obtained while the source is in operation shall be compared directly to the noise level standards in Table 19.19.160B.

I.

No person shall, at any location within the city, create any noise, nor shall any person allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person that causes the noise level when measured within any receptor dwelling unit to exceed the noise standards outlined in Table 19.19.160C.

Table 19.19.160C

Permitted Increases in Interior Noise Levels

Allowable (dbA)	Time (cumulative minutes per hour)
45	Anytime
+5	1 minute
10	Less than one minute

J.

In the event the ambient noise level exceeds the noise standards set forth in Table 19.19.160C, the levels in the allowable column shall be increased to reflect the actual ambient noise level.

K.

The following acts, or the causing thereof, are declared to be in violation of this subsection:

1.

No person shall, within any residential zone in the city, use or operate any radio receiving set, musical instrument, phonograph, tape player, compact disk player, television set, or other machine or device that produces, reproduces, or amplifies sound, between the hours of ten p.m. and seven a.m. such that it exceeds the exterior noise standards set forth in subsection L of this section.

2.

No person shall create any noise on any street, sidewalk, or public place adjacent to any school, institution of learning, or church while the same is in use or adjacent to any hospital, that exceeds the interior noise standards set forth in subsection L of this section.

3.

No person or organization within any residential zone, or within a radius of five hundred feet of a residential zone, shall operate equipment or perform any outside construction or repair work on buildings, structures, or projects, or operate any pile driver, steam shovel, pneumatic hammer, derrick, steam, electric hoist, or other construction type device between the hours of ten p.m. and seven a.m., unless a permit has been obtained from the city.

4.

No person within any residential zone shall repair, rebuild, or test any motor vehicle between the hours of ten p.m. and seven a.m. in a manner that exceeds the noise levels set forth in subsection L of this section.

5.

No person or organization shall use or operate for any noncommercial purpose any loudspeaker, public address system, or similar device between the hours of ten p.m. and seven a.m. in a manner that exceeds the noise levels set forth in subsection L of this section.

6.

No person or organization shall use or operate for any commercial purpose any loudspeaker, public address system, or similar device in a manner that creates noise in any residential zone in excess of the noise levels set forth in subsection L of this section.

7.

Loading, unloading, opening, closing, or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects between the hours of ten p.m. and seven a.m. in such a manner as to cause noise in excess of the noise standards in any residential zone is unlawful.

L.

The city shall order an immediate halt to any sound that exposes any person to continuous sound levels in excess of those shown in Table 19.19.160D or Table 19.19.160E. Within ten working days following issuance of such an order, the community development director or his designee may apply to the

appropriate court for an injunction to replace the order. No order shall be issued if the only persons exposed to sound levels in excess of those listed in Table 19.19.160D and Table 19.19.160E are exposed as a result of trespass; invitation upon private property by the person causing or permitting the sound; or employment by the person or a contractor of the person causing or permitting the sound.

Table 19.19.160D

Continuous Sound Levels

(Measured at 50 feet)

Table 19.19.160D Continuous Sound Levels (Measured at 50 feet)
Sound Level Limit (dbA)	Duration
90	8 hours
95	4 hours
100	2 hours
105	1 hour
110	30 minutes

Table 19.19.160E

Impulsive Sound Levels

(Measured at 50 feet)

Table 19.19.160E Impulsive Sound Levels (Measured at 50 feet)
Sound Level Limit (dbA)	Number of Repetitions (per 24-hour period)
145	1
135	10
125	100

M.

Any person subject to an order pursuant to this section shall comply with such order until the sound is brought into compliance with the order, as determined by the noise control officer; or a judicial order has superseded the noise control officer order.

(Ord. 544 § 1(part), 2000).

19.19.170 - Odor.

A.

Any process that creates or emits any odors, gases, or other odorous matter shall comply with the standards set by the South Coast Air Quality Management District (SCAQMD).

B.

No odors, gases, and odorous matter shall be emitted in quantities to be detectable when diluted in a ratio of one volume diluted air to four volumes clean air at the point of greatest concentration.

(Ord. 544 § 1(part), 2000).

19.19.180 - Vibration. ¶

Vibration may disturb the conduct of certain activities and create discomfort for some individuals. To minimize the disturbance and inconvenience from vibrations, the following performance standards shall apply to all uses:

A.

No use shall cause or create ground vibration that is harmful or injurious to the use or development of surrounding properties.

B.

No person or use shall create, maintain, or cause ground vibration that is perceptible without instruments to a person of normal sensitivity at any point on a property that is adjacent to the property of the vibration source.

(Ord. 544 § 1(part), 2000).

19.19.190 - Shade and solar access. ¶

A.

No new construction or alteration of an existing structure shall result in more than two hours of shade on windows, doors, and other openings of adjacent buildings and uses. Taller sections of buildings shall be located where they will not obstruct sunlight to adjacent yards, patios, or rooms.

B.

Modification of heights limits shall not increase the area of shadow on adjacent or abutting residential properties.

(Ord. 544 §1(part), 2000).

(Ord. No. 612, § 3, 10-7-2008)

19.19.200 - Garage doors. ¶

A.

All new garage doors shall be maintained in a workable, safe condition. The location and size of the garage and loading areas shall not dominate the street view of a structure. In no case shall any garage door be sealed or otherwise secured in a manner that prevents the door from being opened and closed for immediate access to the garage interior.

B.

For the purpose of this section, garage door shall mean the door covering the access way for vehicles.

(Ord. 544 §1(part), 2000).

(Ord. No. 612, § 1, 10-7-2008)

19.19.210 - Floodplain management regulations. ¶

All new construction, reconstruction, rehabilitation, addition or other proposed new development of a structure, renovation or alteration of existing uses or structures, including manufactured homes, developments, subdivisions or manufactured home parks, determined to be within an area of special flood hazard shall be governed by the floodplain management regulations set forth in Title 6, Chapter 6.18, of this code.

(Ord. 597 §2, 2006).

19.19.220 - General development standards and design guidelines. ¶

The following general development standards and design guidelines shall be applied to all new construction, renovation, and alteration of existing uses or structures in all zone districts and land uses.

A.

Site Planning and Contextual Design.

1.

Building siting shall maximize privacy through placement of windows, balconies, landscaping, and design of outdoor spaces. Building siting should be related to nearby structures as well as adjacent parcels.

2.

Primary structures should be oriented to face the street, avoiding views from the street of parking garages and alleys. Garages, parking, and loading areas shall not be the dominant element in the overall design of a project and should be designed to minimize visual disruption.

3.

All building entrances shall be well articulated and project a formal entrance statement through variations in architectural planes, pavement surface treatment, and landscape plazas, as well as relate to pedestrians.

4.

Building design and siting shall minimize negative impact on views from adjacent properties.

5.

Buildings shall be oriented to encourage use of outdoor spaces. Outdoor spaces between buildings shall have clear, recognizable shapes that reflect careful planning and must be compatible with adjoining

building orientation.

6.

The scale of architectural details (doors, windows, porches, chimneys, etc.) shall be appropriate to the size and proportion of the building and relate to the scale and style of the building.

7.

Building forms and details should be in keeping with adjacent neighborhood character where appropriate.

8.

The mass and height of a new building shall not be disproportionate in size or designed to overwhelm neighboring structures. Upper stories should be stepped back from the ground level facade whenever possible to avoid overwhelming neighboring structures.

9.

A building front should provide visual interest and a sense of human scale. Freestanding, singular buildings shall be oriented with their major facade and entry toward the street.

10.

Building scale shall be reduced through window patterns, structural bays, roof overhangs, siding, awnings, moldings, fixtures and other details.

B.

Grading: Alterations to natural grade, except for minor grading for landscaping purposes, is discouraged and building designs should follow the natural contours of the property.

C.

Landscaping and Paving.

1.

Tree preservation and landscaping with specimen trees is encouraged.

2.

Landscaping shall be designed to minimize the impacts of development on surrounding properties and be used to provide privacy.

3.

A combination of water-conserving landscape and irrigation techniques is required, such as the use of drought tolerant plant species.

Landscaping shall be used to define specific areas such as entrances to buildings and parking areas or transitions between land uses.

5.

Landscaping shall be provided around the base of buildings to reduce building mass and height.

6.

Use of quality materials, such as brick and exposed aggregate concrete, and use of porous materials is required.

7.

Driveways and service areas shall be subordinate to and blend well with adjacent buildings.

Preservation.

1.

Existing structures of historical character or of quality design shall be preserved and renovated where appropriate.

2.

Where existing structures are preserved and incorporated into a development, the design of the development shall respect the character and siting of the existing structure to minimize impact on the neighborhood.

E.

Architectural Treatments.

1.

Exterior architectural treatments shall be of high quality and complement the overall design scheme. When appropriate, exterior architectural treatments shall complement existing structures in the immediate vicinity.

2.

Accent treatment, such as changes in exterior materials and texture is required and a minimum of two primary building materials shall be

3.

All exterior wall elevations of buildings shall have architectural treatment.

At ground level, expanses of blank building walls shall be minimized with creative use of materials, textures, color and/or building form.

F.

Access and Circulation.

1.

The access and circulation of a development shall be designed to provide a safe and efficient system, both on and off-site.

2.

The circulation system shall be designed to reduce conflicts between vehicular and pedestrian traffic, minimize impacts on adjacent properties, combine circulation and access areas where possible, and provide adequate maneuvering areas.

G.

Roofs.

1.

Roofs shall be designed as an integral component of the overall form of a building and the design of roofs and rooflines should provide visual interest from the street and should complement overall facade composition.

2.

Roof lines of new structures shall be compatible with the character of roofs seen in the surrounding neighborhood where appropriate.

H.

Green Design. Design and construction techniques that are responsive to the environment and environmental resources are encouraged. Development strategies should consider sustainable site planning, water efficiency, energy efficiency and the conservation of materials and resources.

I.

Signage. On-site signs shall serve their primary purpose of identifying the business or activity of the site on which they are located and shall not present traffic or other public safety hazards, while complimenting the buildings and site design of the site on which they are located.

(Ord. No. 612, § 5, 10-7-2008)

CHAPTER 19.21 - OFF-STREET PARKING AND LOADING

19.21.010 - Intent and purpose. ¶

The purpose of the parking and loading requirements identified in this Chapter 19.21 is to ensure that all land uses in the city provide adequate off-street parking facilities, loading areas, and vehicle movement area associated with a use. The intent of these regulations is to ensure that the use of land does not interfere adversely with the circulation of public rights-of-way, that private on-site circulation does not pose a potential safety issue, and that surrounding uses are insulated from the noise and traffic impacts associated with off-street parking and loading activities.

(Ord. 544 §1(part), 2000).

19.21.020 - Applicability.

A.

The minimum standards of this Chapter 19.21 shall apply to all new construction, expansion, renovation, conversion, and alteration of existing uses or structures in all zone districts.

B.

Off-street parking spaces shall be provided at the time of commencement of the use of the land or construction of the building, or at the time of renovation, conversion, alteration, or expansion by adding floor area, dwelling units, rooms, beds, or seats to a structure.

(Ord. 544 §1(part), 2000).

19.21.030 - Restrictions on use of parking facilities.

A.

Required parking spaces and areas shall not be used for the sale or display of goods and services, nor for the sale, display, repair or dismantling of motor vehicles, nor for the storage of inoperable or unlicensed vehicles, unless otherwise permitted by subsection C of this section.

B.

Parking areas in any zone may be used for temporary, special events with authorization from the owner or operator of the parking area and the planning commission. The commission may impose conditions to mitigate any adverse effect on surrounding properties. Provisions outlined in Chapter 19.39, Division 11 (Temporary Use Permits and Special Events Permits) shall govern the procedures and conditions for the application and approval of a temporary use/special event permit.

(Ord. 544 §1(part), 2000).

19.21.040 - Number of parking spaces required. ¶

Table 19.21.040A specifies the number of off-street parking spaces required for permitted land uses.

A.

Fractional Spaces. All fractional spaces shall be rounded up to the next highest whole number.

B.

Combined Uses. When two or more uses are combined on a given site, the required parking shall be calculated as the combined total required for each individual use. Where two or more uses exist within a single building, parking shall be calculated based on the percentage of floor area devoted to each use.

C.

Compact and Handicap Parking. The calculation of the number of compact and handicap parking spaces to be provided shall be based on the total number of spaces required. Handicapped (accessible) parking shall comply with standards set forth in Chapter 11 of the Uniform Building Code.

D.

Unspecified Land Use. If a land use is not specifically listed in Table 19.21.040A, the community development director shall decide which standard most closely reflects the demand for parking that will be generated by the proposed project.

E.

Reduction of Spaces. No reduction of required parking spaces shall be allowed, except through approval of a variance in accordance with the provisions of this Title 19.

Table 19.21.040A

Off-Street Parking Requirements

Table 19.21.040A Of-Street Parking Requirements
Land Use	Required Of-Street Parking Spaces
	Resident/Guest/Employee Parking	Compact/Truck Parking
Residential
Single-Family	2-car garage for each unit, plus one additional space in the garage per unit for each bedroom in excess of four. For the purpose of parking, dens shall be considered bedrooms	N/A
Duplex	2-car garage for each unit	N/A
Multifamily
* Efciency/1-bedroom unit	1 space per unit within a garage; plus ½ guest space per unit; guest spaces may be uncovered	Compact: Maximum 10% where 20+ spaces are provided
* 2 or more bedrooms	2 spaces per unit within a garage; plus ½ guest space per unit; guest spaces may be uncovered	Compact: Maximum 10% where 20+ spaces are provided
Community Care Facilities	10 spaces or 1 space per 400 sf of gross foor area, whichever is greater
---	---	---
Commercial
Assemblies (stadium, theaters)	1 space per 4 permanent seats. Where temporary seats are used, 1 space per 20 sf of assembly area	Compact: Maximum 10% where 20+ spaces are provided
Banks and Other Financial Institutions	1 space per 200 sf gross foor area	Compact: Maximum 10% where 20+ spaces are provided
Bars and Nightclubs	1 space per 75 sf gross foor area; plus 1 space per 2 employees on the largest shift	Compact: Maximum 10% where 20+ spaces are provided
Car Washes, self-service	1 space per washing module, plus 2 spaces. The washing modules shall not be counted as required parking space
Card Clubs and Casinos	1 space per 3 employees; 1 space per gaming seat; and 1 space per 4 seats in bar or restaurant. Parking shall be provided within 150 feet of the card club	Compact: Maximum 10% where 20+ spaces are provided
Churches and Other Religious Institutions	1 space per 3 fxed seats. Where no fxed seats are provided, 1 per 20 square feet of assembly area	Compact: Maximum 10% where 20+ spaces are provided
Cinemas
• Single Screen	1 space per 3 seats, plus 6 spaces for employees	Compact: Maximum 10% where 20+ spaces are provided
* Multi Screen	1 space per 4 seats, plus 10 spaces for employees	Compact: Maximum 10% where 20+ spaces are provided
Convenience Store	1 space per 20 sf of gross foor area	Compact: Not permitted
Day Care
• Day care center	1 space for every 7 children	Compact: Not permitted
• Large-family day care	1 space for each employee in addition to spaces required for the residential use
Gasoline Service Stations	1 space per 200 sf gross foor area; plus 1 space per service bay; plus any additional spaces required for accessory uses such as a mini-mart	Compact: Not permitted Truck: 1 space per vehicle operated from site
---	---	---
General Retail/Services	1 space per 250 sf gross foor area; plus 1 space per 2 employees on the largest shift	Compact: Maximum 10% where 20+ spaces are provide Truck: As required for service and delivery vehicles
Professional Ofces, other than medical	1 space per 300 sf gross foor area	Compact: Maximum 10% where 20+ spaces are provided Truck: 1 space per vehicle operated from site
Hotels and Motels	1 space per guest room or unit; plus other spaces as required for auxiliary uses such as banquet facilities, bars, and restaurants	Compact: Maximum 10% where 20+ spaces are provided
Laundromats	1 space per 3 washers	Compact: Maximum 10% where 20+ spaces are provided
Medical and Dental Ofces	1 space per 250 sf gross foor area; plus 1 space per employee	Compact: Maximum 10% where 20 spaces are provided
Mini-marts	1 space per 200 sf gross foor area, but not less than 5 spaces	Compact: Not permitted
Restaurants, Fast Food	1 space for every 200 sf of gross foor area, but not less than 10 spaces	Compact: Maximum 10% where 20+ spaces are provided
Restaurants - Delicatessens and similar take out uses with no seating	1 space per 400 sf of gross foor area, but not less than 5 spaces	Compact: Not permitted
Restaurants, Sit-Down and Cafes	1 space per 4 fxed seats or 1 space per 4 persons of occupant load where there are no fxed seats; plus 1 space per 2 employees on the largest shift
	Outdoor seating shall be included when calculating required spaces	Compact: Maximum 10% where 20+ spaces are provided
Schools, Public and Private
• Elementary and Junior high	2 space per classroom, plus 1 per 200 sf of assembly area	Compact: Maximum 10% where 20+ spaces are provided
* High School	3 space per classroom, plus 1 per 5 space students
---	---	---
* Trade or business school	1 space per 50 sf of gross classroom area
Vehicle Impound Yards	Reserved parking areas shall be provided for customers
Manufacturing
Garment Manufacturing	1 space per 1,000 sf gross foor area; plus 1 space per 6 sewing machines	Compact: Maximum 10% where 20+ spaces are provided
		Truck: 1 space per vehicle operated from site
General Manufacturing	1 space per 1,000 sf gross foor area	Compact: Maximum 10% where 20+ spaces are provided
		Truck: 1 space per vehicle operated from site
Ofce, accessory to manufacturing use	1 space per 300 sf gross foor area of ofce space	Compact: Maximum 10% where 20+ spaces are provided
Trucking and Truck Terminals	1 space per 1,000 sf gross foor area within any building	Truck: Per loading requirements
Warehousing	1 space per 2,000 sf gross foor area, plus 1 space per each loading bay	Compact: Maximum 10% where 20+ spaces are provided
		Truck: 1 space per vehicle operated from site

(Ord. 609 § 3, 2007; Ord. 544 § 1(part), 2000).

19.21.050 - Driveway and access standards. ¶

A.

General. All lots shall have adequate vehicular access from a dedicated and improved street or service road to permit unimpeded movement of goods and people. Visibility on streets and intersections shall not be blocked by signs, trees, hedges, fences, walls, or structures. Directional signs and graphics may be used to promote public safety and convenience.

B.

Driveways.

Driveways shall not be located where they would impede traffic on streets or through intersections.

2.

Driveways and aisles shall be maintained unobstructed at all times.

3.

The minimum driveway width shall be twelve feet per lane for a one-way driveway and twenty-four feet for a two-way driveway.

C.

Aprons. Each garage shall have an adequate paved area in front of the garage (apron) for maneuvering. The minimum paved apron width shall be twenty-four feet.

==> picture [372 x 347] intentionally omitted <==

Emergency Access.

Dedicated fire lanes to serve as access for fire vehicles and emergency apparatus from a public street shall be provided as set forth below and shall be posted as a fire lane:

a.

If any structure is fifty feet from a right-of-way and more than thirty feet high; or

b.

If any structure is one hundred fifty feet from a right-of-way and 30 feet high or less; or

c.

If the structure or use is commonly associated with a fire or explosion hazard; or

d.

If the structure or use attracts a large congregation of people, as determined by the fire department.

2.

Fire lanes must be at least twenty-six feet wide. An alley can serve as a fire lane if it meets the requirements. Likewise, an appropriately designed buffer strip unobstructed by landscaping or structures, can serve as a fire lane.

3.

Projects with other characteristics, such as distance from the nearest fire hydrant, site design, etc., which inhibit fire control may require provision of a fire lane at the discretion of the community development director.

4.

Alternative means of fire control may be provided, subject to the approval of the Fire Prevention Bureau of Los Angeles County Fire Department.

(Ord. 544 § 1(part), 2000).

19.21.060 - Parking facility standards and dimensions. ¶

Parking facilities shall be designed to conform to the following minimum standards:

A.

Parking Facility Standard.

1.

Parking spaces shall be located on the same lot as the use to which they serve, unless remote parking is permitted by the community development director pursuant to the provisions of Section 19.21.090 (Remote parking).

2.

Access to parking stalls shall not be taken directly from a public or private street or alley.

3.

The entrance to a private garage or carport shall be located a minimum of twenty-four feet from the street which the garage or driveway faces.

4.

A fifteen-foot vertical clearance shall be maintained over all parking areas, driveways, and access points.

5.

Driveways serving a parking area with twenty or more spaces shall be designed with either one-way circulation or a double driveway system.

6.

No parking area shall be designed so that vehicles back into a street, except for single-family dwelling units.

7.

No parking space shall be located within 20 feet of the access driveway, except within the R-1 and R-2 zones.

8.

All carpooling parking spaces and bicycle racks shall be located near the main entrance of the facility they are intended to serve.

B.

Parking Space Dimensions.

1.

Table 19.21.060A identifies the minimum required dimensions for parking stalls and aisles for standard, compact, and truck parking spaces.

Table 19.21.060A

Parking Space Dimensions

Type of Parking	Angle	Stall Depth	Aisle Width	Curb Length	Section Width
Standard Parking Spaces	0°	9′	10′	24′	28′
	30°	16′-9″	12′	17′-9″	45′-6″
	40°	16′-5″	13′	14′	49′-10″
	45°	19′ (a)	14′	12′-9″	52′ (b)
---	---	---	---	---	---
	50°	19′-6″	16′	11′-10″	53′
	60°	20′	20′	9′-10″	60′-4″
	70°	20′-2″	23′	9′-9″	63′-4″
	80°	19′-4″	24′	9′-3″	62′-8″
	90°	18′	26′	9′	62′
Compact Parking Spaces	0°	7′-6″	10′	20′	25′
	45°	16′	11′	10′-5″	43′
	60°	16′-7″	14′	8′-7″	47′-2″
	90°	15′	20′	7′-6″	50′
Truck Parking Spaces	0°	12′	24′	50′	62′
	45°	44′	32′	17′	120′
	60°	50′	46′	14′	146′
	90°	50′	60′	12′	160′

Notes:

(a)

15′-10″ for overlapped or herringbone layout

(b)

45′-9″ for overlapped or herringbone layout

(Ord. 544 § 1(part), 2000).

19.21.070 - Required improvements.

A.

All parking spaces, maneuvering areas, turnarounds, and driveways shall be paved with asphalt concrete or Portland cement in accordance with standards set by the city engineer/director of public services.

B.

All parking spaces except those in garages or carports shall be marked with paint or other distinguishable material. Compact and handicap parking spaces shall be identified to preclude use by other vehicles.

C.

Directional signs shall mark one-way entrances and aisles and shall be visible to drivers of vehicles using the facility.

Bumper guards and wheel stops shall be provided as needed to protect buildings, structures, landscaping, and other vehicles.

E.

The lighting of parking areas shall be designed in accordance with the standards for light and glare in Section 19.19.130 of this Title 19.

F.

Parking areas provided for commercial and industrial uses shall be separated from any adjoining residential zone, church, school, or park by a six-foot high masonry wall.

G.

Where parking for any nonresidential use is provided on any area of a lot whereby parking spaces or vehicle maneuvering areas will result in vehicle lights shining onto a public street, a wall or dense planting of shrubs or similar landscape material shall be provided as a buffer between the parking/maneuvering area and the street. The height of the wall or landscaping shall not be lower than three feet.

(Ord. 544 § 1(part), 2000).

19.21.080 - Shared parking. ¶

A.

Special Study Required. Two or more uses may share parking facilities, subject to the approval of the director and the provisions of this section. A parking demand analysis for the uses proposed to share parking facilities shall be prepared. Preparation of the parking demand analysis shall be to the satisfaction of the director, who may require that it be prepared by a registered traffic engineer. When such analysis demonstrates, to the satisfaction of the director, that the uses have different peak parking requirements, then the parking space requirement may be reduced by the director. In no event, however, shall the parking requirement be reduced below the highest peak parking requirement of the use demanding the most parking.

B.

Conditions.

1.

The uses sharing the parking facilities shall be located on contiguous lots.

2.

A legal agreement shall be signed by all parties sharing parking facilities. Such agreement shall be approved by the city attorney and community development director, shall be recorded with the Los Angeles County Recorder's Office, and shall continue to be valid upon change of ownership of any property subject to the agreement or any lawfully existing building or structure on said properties.

3.

Shared parking arrangements must be authorized by any discretionary permit issued for the use for which the parking is provided. Where no discretionary permit is required, such shared parking arrangements shall meet all other requirements of this subsection B.

(Ord. 544 § 1(part), 2000).

(Ord. No. 749, § 2, 2-4-2020)

19.21.090 - Remote parking.

A.

Remote parking, may be permitted for multifamily, commercial and industrial uses, provided such parking facilities are located no more than three hundred feet from the use they are intended to serve. The proposed remote parking location may be an existing primary or ancillary use. The director may require a parking analysis on a case by case basis.

B.

A covenant for use of the lot for parking shall be required between the owner of the lot supporting the proposed use and the owner of the lot to be used for remote parking. The covenant for remote parking shall be prepared by the city and recorded with the County Recorder of Los Angeles County. The covenant may not be revoked, modified, or canceled without the consent of the city.

C.

Such agreements for remote parking shall be authorized by any required discretionary permit issued for the proposed multifamily structure or commercial or industrial use.

D.

Where no other application is involved, the director's decision shall be required to authorize remote parking.

E.

The director may opt not to make a decision and defer decisions to the planning commission at his/her discretion.

F.

Decisions made by the director are appealable to the planning commission.

G.

An applicant may apply for remote parking for up to one thousand feet from the use they are intended to serve with authorization of a conditional use permit.

(Ord. 544 § 1(part), 2000).

(Ord. No. 749, § 2, 2-4-2020)

19.21.100 - Carports prohibited. ¶

Table 19.21.130A

Required Loading Spaces

Table 19.21.130A Required Loading Spaces
Gross Floor Area of Use	Minimum Number Loading Spaces
Under 8,000 sf	1
8,001 - 25,000 sf	2
25,001 - 50,000 sf	3
50,001 - 100,000 sf	4
100,001 - 200,000 sf	5
Each additional 100,000 sf or fraction thereof above 200,000 sf	1

(Ord. No. 806, § 2, 3-14-2023)

CHAPTER 19.23 - LANDSCAPING STANDARDS

19.23.010 - Intent and purpose. ¶

Landscaped areas and buffers provide visual relief and protect one land use from the adverse effects of another. Landscaping can also help to eliminate nuisances and conflicts between adjacent land uses or between a land use and a public road. For these reasons, the city establishes provisions contained in this Chapter 19.23 to regulate the location, extent, and maintenance of landscaping in all zones.

(Ord. 544 §1(part), 2000).

19.23.020 - Variance from minimum landscape standards. ¶

The community development director or designee may authorize exemptions to any of the design and improvement standards in this chapter. Such exemptions may be granted if the director or designee finds

Any tree, shrub, or part thereof on private property that overhangs any street so that it endangers life, safety, or public property shall be removed, trimmed, or cut off within ten days after written notice from the city.

F.

Occupants of a property abutting a public street or alley shall keep private trees from overhanging into the public right-of-way. Trees shall be trimmed to maintain a minimum clearance of ten feet above the sidewalk, fourteen feet above a curb, seventeen and one-half feet at center in residential areas, and seventeen and one-half feet above the curb at bus stops.

G.

Parking areas shall be landscaped pursuant to the provisions of Section 19.21.120 (Landscape requirements) of this Title 19.

(Ord. 544 § 1(part), 2000).

19.23.060 - Street trees. ¶

A.

Street trees may be required as a condition of approval for any subdivision, lot split, or other permit issued in compliance with this Title 19 or other applicable city regulation.

B.

Only trees identified in the city's list of required street trees shall be planted along a public street, parking strip, public right-of-way, or parkway.

C.

Street trees shall be planted in accordance with the requirements of the master street tree plan.

D.

Owners of a property fronting a public street shall be responsible for the adequate watering of all street trees abutting that property and shall bear the cost of replacement of any street tree that dies as a result of insufficient watering or care.

E.

No person shall plant, trim, or remove any tree or shrub on any public street or right-of-way without approval of a permit by the department of public services. Such permits shall be granted to public utility companies and agencies to ensure the safe operation of their businesses and shall be valid for one year from the date of issue.

F.

The following acts in planting strips or parkway areas are prohibited:

1.

Construction of a treewell with diameter less than four feet or otherwise filling the ground area around a tree so as to shut off light, air, or water from the roots.

2.

Piling of any building material, equipment, or other substance around any tree so as to cause injury.

3.

Pouring of any deleterious matter on or around any tree or on the ground or on any lawn in such a manner as to damage the tree.

4.

Cutting, breaking, defacing or damaging a tree in any manner whatsoever.

5.

Placing or allowing to remain in any parkway area any vegetation (other than an approved tree) or structure exceeding eighteen inches in height.

6.

C.

Buffers located along the outer perimeter of a parcel may be used for passive recreation.

No landscape plan application shall be approved unless the community development director finds that the plan: complements the design of the project; is consistent with the provisions of this section and applicable guidelines; and is compatible with adjacent existing or future public landscaped areas, and with the elevations and appearances with existing structures located upon lots within the immediate vicinity of the lot that is the subject of such application.

G.

Each landscape plan shall consist of the following elements, including but not limited to the following information:

1.

Water Conservation Concept Statement. Each landscape plan shall include a cover sheet referred to as the "Water Conservation Concept Statement," which serves as a checklist to verify that the elements of the landscape plan have been completed. The statement shall include a brief narrative summary of the project, including calculations of the project's maximum water allowance and estimated applied water use.

2.

Planting Plan. The planting plan shall identify the location, spacing, number, and container size of all plant materials, including common and botanical names. The planting plan shall be drawn on project base sheets in a clear and legible fashion in accordance with the guidelines for this subsection.

Irrigation Plan. The irrigation plan shall identify all components of the irrigation system drawn on project base sheets in a clear and legible fashion in accordance with the guidelines for this section.

4.

Annual Irrigation Schedule. The annual irrigation schedule shall be prepared with a minimum four-season water schedule for both the plant establishment period and for mature landscape. The irrigation schedule shall include run time and frequency of irrigation for each station.

5.

Soils Test. The landscape plan shall include a report of soils test that includes information on soil infiltration rate, soil texture, and agricultural suitability. No soil test shall be required if the soil type can be determined by reference to the city soil map maintained by the community development director and the soil is amended as required by the director; provided, however, a soils test shall be required if substantial amounts of soil are imported to the property.

H.

Decorative water features such as pools, ponds, and waterfalls used in landscaped areas shall incorporate recycling of water, and, where available, use reclaimed water. Decorative water features shall be designed and operated to minimize water loss.

I.

Each landscape irrigation system shall be metered for water use, separately from domestic and other nonlandscape use.

J.

Each landscape irrigation system shall be periodically audited for conformance with the approved plan, in accordance with the State of California Landscape Water Management Program—Landscape Irrigation Auditor Handbook, incorporated in this chapter by reference. Such audits shall be conducted on a regular basis, at intervals of not less than every five years.

K.

For each subdivision with model homes the developer shall submit a landscape plan and install landscaping for each model home, incorporating the requirements of this section and including:

1.

Signs identifying elements of the water conserving landscape and irrigation system design placed around the model.

2.

Literature describing water conserving landscapes to be available to individuals touring the model.

The location, text, and size of signs shall be clearly shown on the landscape plan and shall be in substantial accordance with the guidelines of this section.

L.

Upon completion of the installation of the landscaping, the designer shall certify that the landscape complies with all requirements of this section. Certification shall be accomplished by completion of a landscape certificate on a form approved by the director. Failure to submit a complete and accurate landscape certificate will delay final approval of the project and/or result in discontinuance of water service.

M.

The community development director shall develop a list of plants that are commonly used in landscape designs with water requirement classifications of low, medium, and high to assist landscape designers to choose species of appropriate water demands to comply with this section and to group species of similar water demands to facilitate efficient irrigation. This list shall be included in the landscape guidelines developed to implement the provisions of this section.

(Ord. 544 §1(part), 2000).

19.23.140 - Fencing and landscaping requirements for vacant lots. ¶

The owner(s) of vacant real property is required to install acceptable fencing material as defined in this chapter and provide landscaping as follows:

A.

"Vacant real property" is defined as a parcel of land upon which no building, structure, artwork, or other improvements exists.

B.

Opaque wrought iron or chain link fencing with a minimum height of five feet shall be provided around the perimeter of the vacant property beginning immediately behind the required landscaped area.

1.

Other materials, such as wood or masonry, are not permitted.

2.

No sharp objects or points are permitted on top of wrought iron or other fences.

3.

Gates shall be provided to allow for property maintenance, but must be closed and locked at all times except when maintenance or clean-up work is being performed on the property.

C.

The first seven feet of any vacant parcel facing a public or private street, sidewalk or alley shall be landscaped with permanent, live planting material.

1.

Acceptable landscaping shall include shrubs, trees, hedges, and vines.

2.

Ground cover and lawn shall be acceptable only when planted in conjunction with shrubs, trees, hedges, or vines.

3.

Landscaping in pots or other containers shall not be used to satisfy this requirement.

D.

All landscaping must be watered and maintained on an ongoing basis. Dead or dying plant material must be replaced in a timely manner.

E.

Fencing, landscaping and irrigation plans shall be submitted for the review and approval of the city planning department prior to installation. Such plans shall also indicate the type, materials, colors, height, and location of all fences and gates.

(Ord. 581 §1, 2004).

CHAPTER 19.24 - WATER-EFFICIENT LANDSCAPING REGULATIONS

19.24.010 - Title. ¶

This chapter shall be known as the "City of Commerce water-efficient landscaping regulations" and may be so cited.

(Ord. No. 627, § 1, 9-21-2010)

19.24.020 - Purpose and intent. ¶

The purpose of the City of Commerce water-efficient landscaping regulations is to:

A.

Be at least as effective in conserving water as the State of California Model Water Efficient Landscape Ordinance;

B.

Assure beneficial, efficient, and responsible use of water resources for all customers/users within the city;

C.

Retain the land's natural hydrological role within the Los Angeles river watershed and promote the infiltration of surface water into the groundwater in the Los Angeles basin;

D.

Acknowledge that landscape water use accounts for more than sixty percent of all domestic water use in the Los Angeles basin;

E.

Recognize that landscapes enhance the aesthetic appearance of developments and the community;

F.

Encourage appropriate design, installation, maintenance, and management of landscapes so to decrease water demand, runoff, and flooding without declining the quality or quantity of landscaped areas;

G.

Preserve existing natural vegetation and the incorporation of native plants, plant communities and ecosystems into landscape design where possible;

H.

Promote and encourage the use of low water use plants;

I.

Minimize the use of cool season turf;

J.

Promote conservation of potable water by maximizing the use of recycled water and other water conserving technology for appropriate applications;

K.

Promote public education regarding water conservation and efficient water management; and

L.

Reduce or eliminate water waste.

(Ord. No. 627, § 1, 9-21-2010)

19.24.030 - Definitions. ¶

As used in this chapter, the following definitions shall apply. For purposes of this chapter, these definitions shall supersede any other definitions of the same terms in this code.

A.

"Administrator" shall mean a person at the local agency who has the authority to approve a permit, plan check, and design review for a project.

B.

"Amendments" shall mean any material added to soil to improve its physical properties, such as water retention, permeability, water infiltration and drainage.

C.

"Anti-drain check valve" shall mean a valve located under a sprinkler head to hold water in the system to prevent drainage from the lower elevation sprinkler heads when the system is off.

D.

"Applicant" shall mean any person required to submit a landscape design application. Applicant may include the property owner or an agent of the owner.

E.

"Application rate" shall mean the depth of water applied to a given area, measured in inches per minute or inches per hour or gallons per hour.

F.

"Applied water" shall mean the portion of water supplied by the irrigation system to the landscape.

G.

"Automatic rain shut-off feature" shall mean a system with a component that automatically suspends the irrigation system when it rains.

H.

"Botanical gardens and arboretums" shall mean gardens in which a variety of plants are grown for scientific and educational purposes.

I.

"Certified landscape irrigation auditor" shall mean a person certified to perform landscape irrigation audits by an accredited educational institution or a professional trade organization.

J.

"Control valve" shall mean a device used to control the flow of water in the irrigation system. It may also mean all of the sprinklers or emitters in a line controlled by the valve.

K.

"Controller" shall mean an automatic timing device used to remotely control valves or heads to set an irrigation schedule. A weather-based controller uses evapotranspiration or weather data. A self-adjusting irrigation controller uses sensor data (i.e., soil moisture sensor).

L.

"Developer" shall mean a landowner or owner's agent responsible for the development of land. Does not include homeowners or landlords of single-family homes.

M.

"Discretionary permit" shall mean any permit requiring a decision-making body to exercise judgment prior to its approval, conditional approval or disapproval.

N.

"Ecological restoration project" shall mean a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.

O.

"Estimated annual applied water use" or "EAWU" shall mean the portion of the estimated total water use that is derived from applied water. The estimated applied water use shall not exceed the maximum applied water allowance.

P.

"Hydrozone" shall mean a section or zone of the landscaped area having plants with similar water needs that are served by a valve or set of valves with the same schedule. A hydrozone may be irrigated or nonirrigated.

Q.

"Infiltration rate" shall mean the rate of water entry into the soil expressed as a depth of water per unit of time (i.e., inches per hour).

R.

"Installation application" shall mean an application to the local jurisdiction for new landscaping or relandscaping which may include a landscape concept plan and/or landscape construction drawings. The portion of the application submitted with a discretionary permit application will include a landscape concept plan. The ministerial portion of the application will include landscape construction drawings.

S.

"Invasive species" shall mean non-indigenous species that adversely affect the habitats they invade economically, environmentally or ecologically.

T.

"Irrigation efficiency" shall mean the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The minimum irrigation efficiency for purposes of this Chapter is 0.71.

U.

"Irrigation system" shall mean the network of piping, valves and irrigation heads.

V.

"Landscape architect" shall mean a person licensed to practice landscape architecture in this state pursuant to Chapter 3.5 commencing with Section 5615 of Division 3 of the Business and Professions Code.

W.

"Landscape concept plan" shall mean the portion of a landscape documentation packet that includes a design statement, irrigation notes, planting notes, the plant palette that and conforms to the requirements of this chapter.

X.

"Landscape construction drawings" shall mean the portion of a landscape documentation packet that includes the irrigation plan, plant and soils plan, water management plan that conforms with the requirements of this chapter.

Y.

"Landscape documentation packet" shall mean the complete packet of documents required under Sections 19.24.050, 19.24.060 and 19.24.070 of this chapter to be submitted to the local agency. Documentation packets include the landscape concept plan and landscape construction drawings (irrigation plan, plant and soils plan, and water management plan).

Z.

"Landscape water audit" shall mean an in-depth evaluation of the performance of an irrigation system conducted by a certified landscape irrigation auditor. Audits include, but are not limited to: inspection, system tune-up, system test with distribution uniformity and verification of minimal overspray or run-off that causes overland flow and preparation of an irrigation schedule.

AA.

"Local agency" shall mean the City of Commerce, which is the local agency responsible for the approval of a permit, plan check and design review for a project.

BB.

"Low-head drainage" shall mean drainage from a sprinkler that is caused by water flowing down an irrigation system from a higher level of elevation.

CC.

"Mulch" shall mean any organic material such as leaves, bark or inorganic material such as pebbles, stones, gravel, decorative sand or decomposed granite left loose and applied to the soil surface to reduce evaporation.

DD.

"Operating pressure" shall mean the pressure at which an irrigation system of sprinklers is designed by the manufacturer to operate, usually indicated at the base of a sprinkler.

EE.

"Overspray" shall mean the water that is delivered beyond the landscaped areas by the irrigation system onto pavements, walks, structures or other nonlandscaped areas.

FF.

"Planting plan" shall mean the plan submitted with the construction drawings indicating a list and quantity of plants.

GG.

"Potable water" shall mean water meant for human consumption that is treated to legal standards for human consumption.

HH.

"Pressure regulator" shall mean a device used in sprinkler systems for radius and high pressure control.

II.

"Project net landscape area or landscaped area" shall mean all of the planting areas, turf areas and water features in a landscape design plan subject to the maximum applied water allowance calculation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscapes and other non-irrigated areas designated for non-development (i.e., open spaces and existing native vegetation).

JJ.

"Rain sensor" shall mean a system component which detects rainfall and automatically overrides the irrigation system during rain events.

KK.

"Recycled water" shall mean water which, as a result of treating waste, is suitable for a direct beneficial use or a controlled use that would not otherwise occur and is therefore considered a valuable resource.

LL.

"Rehabilitation landscapes" shall mean any re-landscaped project that requires a permit, plan check or design review and meets the requirements of Section 19.24.050.

MM.

"Runoff" shall mean water that is not absorbed by the soil or landscape to which it is applied and flows from the area.

NN.

"Smart irrigation controller" shall mean weather-based or soil moisture-based irrigation controller that monitors and uses information about the environmental conditions at a specific location and landscape to automatically adjust watering schedules.

OO.

"Soil management plan" shall mean a plan submitted with the construction drawings indicating results from soil tests and recommended soil amendments.

PP.

"Soil test" shall mean a test done by a soil test lab that indicates at minimum soil texture, water holding capacity, pH, and soluble salts.

QQ.

"Soil type" shall mean the classification of soil based on the percentage of its composition of sand, silt and clay.

RR.

"Special landscape area" shall mean an area of the landscape dedicated to edible plants, areas irrigated with Recycled Water, and areas dedicated to active play such as parks, sports fields, golf courses, where Turf provides a playing surface.

SS.

"Sprinkler head" shall mean a device which delivers water through a nozzle.

TT.

"Static water pressure" shall mean the pipeline or municipal water supply pressure when water is not flowing.

UU.

"Turf" shall mean a surface layer of earth containing mowed grass or grass-like sedge with its roots. A groundcover surface of mowed grass or grass-like sedge. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are common cool-season Turf. Bermuda grass, Kikuyu grass,

Seashore Paspalum, St. Augustine grass, Zoysia grass, Carex pansa, and Buffalo grass are common warm-season Turf.

VV.

"Water efficient landscape worksheet" shall mean a worksheet which calculates a site's water budget.

WW.

"Water feature" shall mean any water applied to the landscape for non-irrigation, decorative purposes. Fountains, streams, ponds, lakes and swimming pools are considered Water Features.

XX.

"Water management plan" shall mean a plan submitted with the construction drawings as part of the Landscape Documentation Packet.

YY.

"Water schedules" shall mean a schedule or irrigation times throughout a given year.

ZZ.

"Water-conserving landscape design" shall mean a landscape design developed to conserve water.

(Ord. No. 627, § 1, 9-21-2010)

19.24.040 - Applicability.

A.

This chapter shall apply to all of the following landscape projects:

1.

New construction and rehabilitated landscapes for public agency projects and private development projects including industrial, commercial, office, and institutional developments, parks and other public recreational areas, multifamily (five or more units) residential and PUD common areas requiring a building or landscape permit, plan check or design review.

2.

New construction and rehabilitated landscapes which are developer-installed residential projects requiring a building or landscape permit, plan check or design review.

3.

New construction which are homeowner-installed residential projects with a total project net landscape area equal to or greater than two thousand square feet requiring a building or landscape permit, plan check or design review.

4.

Existing landscaping that is one acre or more with a dedicated or mixed use water meter are limited to preparing a water efficient landscape worksheet according to the specifications for existing landscapes in the landscape documentation packet.

5.

Recognizing the special landscape management needs of cemeteries, new and rehabilitated cemeteries shall prepare a water efficient landscape worksheet, landscape and irrigation maintenance schedule, and irrigation audit, survey and water use analysis. Existing cemeteries are limited to preparing a water efficient landscape worksheet according to the specifications for existing landscapes in the landscape documentation packet.

6.

Special landscaped areas, such as areas dedicated to edible plants, irrigated with recycled water or dedicated to active play, shall prepare a water efficient landscape worksheet and landscape documentation package according to the specifications for special landscaped areas.

B.

This chapter does not apply to:

1.

Registered local, state or federal historical sites;

2.

Ecological restoration projects that do not require a permanent irrigation system;

3.

Mined-land reclamation projects that do not require a permanent irrigation system; or

4.

Botanical gardens and arboretums open to the public.

19.24.070 - Soil and grading requirements. ¶

A.

Soil testing shall be performed and submitted with plan check submittals, prior to landscape installation, to ensure the selection of appropriate plant material that is suitable for the site and reported in a soil management plan. The soil management plan shall include:

Determination of soil texture, indicating the available water holding capacity and agricultural suitability;

2.

An appropriate soil Infiltration Rate either measured or derived from soil texture/infiltration rate tables. A range of infiltration rates shall be noted where appropriate;

3.

Measurement of pH and total soluble salts; and

4.

Recommended amendments.

B.

No soil test shall be required if the soil type can be determined by reference to the city soil map maintained by the community development department and the soil is amended as required by the community development director, provided, however a soils test shall be required if substantial amounts of soil are imported to the property.

C.

Grading on site shall be designed to minimize unnecessary soil compaction, erosion and water waste. Grade with the intent of retaining all irrigation and rainfall within the property lines and preventing sheet flow on to impermeable hardscapes. Grading plans must satisfy the city/county of Los Angeles grading ordinances and be submitted as part of the landscape documentation package.

(Ord. No. 627, § 1, 9-21-2010)

19.24.080 - Implementation.

A.

Applicants subject to the requirements of this chapter shall submit a complete landscape documentation packet to the planning division with a permit application. All applications and plans shall conform to the plant, irrigation and water budget formula requirements set forth in this chapter and the landscape documentation packet.

1.

Landscape concept plan shall include:

a.

Design statement, irrigation notes, planting notes and a conceptual plant palette identifying proposed hydrozones;

b.

MAWA calculation for the landscape project area.

2.

Landscape Construction Drawings. All applications subject to the requirements of this chapter shall include landscape construction drawings that comply with the design standards and specifications contained in this chapter. The construction drawings shall be in compliance with the landscape concept plan. All landscape construction drawings shall include an irrigation plan, a planting and soils plan, and a water management plan with detailed notes and legends necessary for a complete landscape plan review. If the construction drawings differ significantly from the landscape concept plan, as determined by the administrator, the applicant must resubmit an overall water budget calculation in accordance with the landscape documentation packet.

a.

Irrigation Plan. The irrigation plan shall be a separate document from the planting plan. The irrigation plan shall be prepared in accordance with the requirements of this chapter and include pressure calculations and the location, installation details, and specifications of control valves, irrigation heads, piping, irrigation controllers and power supply.

b.

Planting and Soils Plan. The planting plan shall include, but not be limited to:

i.

A description of any existing plant material to be retained or removed.

ii.

A plan showing the planting areas and hydrozones, plant spacing, plant location and size, natural features, water features and all paved areas.

iii.

A legend listing the common botanical plant names and total quantities by container size and species.

iv.

A description of the seed mixes with application rates and relevant germination specifications.

v.

Soil management plan, including the soil test results and recommendations.

vi.

The grading plan shall be submitted for reference.

c.

Water Management Plan. A water management plan shall be prepared in accordance with the requirements of this chapter. The plan shall include:

i.

An introduction and statement of site conditions as described above or a landscape concept plan.

ii.

Identification of the party(ies) responsible for implementation of the water management plan.

iii.

The anticipated water requirements in inches per year and water budget for the various Hydrozones identified in the landscape concept plan to include calculations demonstrating an overall water budget that requires no more irrigation than the 0.7 of the ET adjustment factor.

iv.

A description of the water delivery systems, including the type of irrigation system to be used; water conservation methods to be applied, and precipitation rates for each hydrozone.

v.

Seasonal irrigation water schedules or procedures for programming of proposed SMART irrigation controllers.

vi.

A maintenance plan for the ongoing operation and maintenance of the irrigation system.

vii.

All applications for model homes shall include the nature of public information documents and signage that will be placed at model homes describing water conservation principles used in landscaping the model home.

B.

Compliance/Enforcement. The administrator or designee shall have the duty and authority to administer and enforce this chapter. A qualifying project is subject to the following review and approval process prior to issuance of a building permit:

1.

Prior to issuance of a permit, a complete landscape documentation packet prepared by an independent licensed landscape architect shall be submitted to the administrator for review and approval. The licensed landscape architect shall ensure that all components of the package adhere to the requirements of this

chapter. Any documentation packets submitted without the signature of a licensed landscape architect shall not be accepted for review.

2.

Prior to issuance of a certificate of occupancy or final inspection for a project subject to this chapter, a certificate of completion shall be submitted to the administrator certifying that the landscaping has been completed in accordance with the approved planting and irrigation plans for the project. The certificate of completion shall be signed by a licensed architect and shall indicate that:

a.

The landscaping has been installed in conformance with the approved planting and irrigation plans;

b.

The smart irrigation controller has been set according to the irrigation schedule;

c.

The irrigation system has been adjusted to maximize irrigation efficiency and eliminate overspray and runoff; and

d.

A copy of the irrigation schedule has been given to the property owner.

3.

Upon notice of the applicant, the administrator shall have the right to enter the project site to conduct inspections for the purpose of enforcing this chapter before, during and immediately after installation of the landscaping.

4.

A copy of the completed landscape documentation packet shall be given to the appropriate water agency. If the property is found to be in excess of their established MAWA, the property shall be subject to a landscape water audit.

(Ord. No. 627, § 1, 9-21-2010)

19.24.090 - Recycled water. ¶

The installation of recycled water irrigation systems may be required in the future, if and when the city determines that, pursuant to state law and, in accordance with any applicable requirements of the Commerce Municipal Code, recycled water has been made available. If, and only when such events occur, the following provisions shall become effective for those projects that are subject to such recycled water use requirements.

A.

The installation of recycled water irrigation systems (i.e., dual distribution systems) shall be required to allow for the current and future use of recycled water, unless a written exemption has been granted stating that recycled water will not be available in the foreseeable future.

B.

Irrigation systems shall make use of recycled water unless a written exemption has been granted stating that recycled water meeting all public health codes and standards is not available and will not be available in the foreseeable future.

C.

19.25.020 - Definitions.

In addition to the definitions set forth in Chapter 19.45, the following definitions shall apply to the provisions of this chapter:

"Abandoned sign" means any sign that no longer advertises a business, tenant, owner, product, service, or activity on the site where the sign is displayed.

"Advertising display" means signs, banners, displays of merchandise, and sign structures used for announcements, business names, or advertising goods or products.

"Area of sign" means the entire area of the sign, enclosing all letters, symbols, pictures, or figures forming a display, with the area boundaries formed by no more than eight straight lines. Sign area includes all faces of the sign, but excludes all supports and uprights, superficial column covers, trims, and other objects attached to the sign but which do not convey a message.

"Billboard" means an outdoor advertising display as regulated by California Business and Professions Code Sections 5200—5499. See "Off-site sign."

"Construction sign" means a temporary sign stating the names of individuals or firms directly connected with the work on a building or facility under construction or alteration; a temporary sign announcing the future use of the property on which the sign is located.

"Flashing sign" means a sign having conspicuous and intermittent variation in lighting; a sign incorporating intermittent electrical impulses from a source of light or a light revolving in a manner that creates the illusion of flashing.

"Freestanding sign" means a sign supported from the ground by one or more poles or posts and with or without braces, including ground signs and monument signs.

==> picture [240 x 218] intentionally omitted <==

"Ground sign" means a sign that is completely or partially supported by a structural element and is not an integral part of a building. It includes post signs, pole signs, freestanding signs, pylon signs, detached signs, and signs attached to or painted on fences, screening walls or similar structures.

"Height of ground sign" means the vertical distance from the uppermost point of a sign to the prevailing grade directly below that point.

"Illuminated sign" means a sign designed to emit or brightly reflect artificial light, or a sign that uses a source of light to make characters or a message more readable.

"Monument sign" means a freestanding sign with a solid base, where the bottom of the sign is in contact with or close to the ground and is independent of any other structure, and where the bottom of the sign face is three feet or less above the surrounding grade, and the top of the sign frame is six feet or less than the surrounding grade.

==> picture [312 x 205] intentionally omitted <==

"Nonilluminated sign" means a sign that is not illuminated, either internally or externally.

"Off-site sign" means a sign that directs attention to a business, commodity, industry, or other activity that is sold, offered, or conducted elsewhere than on the premises on which the sign is located. See "Billboard."

"On-site sign" means a sign that directs attention to a business, product, service, industry, or other activity that is sold, offered, or conducted on the premises upon which the sign is located.

"Outdoor advertising display" means a sign, display of merchandise, or device that is placed outside of a building or is otherwise open to public view.

"Outdoor advertising structure" means a structure of any kind or character on which an outdoor advertising display is placed. See "Sign structure."

Political Campaign Sign. See Commerce Municipal Code, Chapter 9.40. "Portable sign" means a sign that can be moved, including sandwich boards, A-frames, placards, and trailer-mounted signs.

"Readerboard" or "electronic sign" means an electronic sign with lighted copy that moves, flashes, scrolls, changes color, or otherwise displays a continuous or intermittent changeable message that advertises a business, product, service, or event associated with the property on which the sign is located.

"Real estate sign" means a temporary sign relating to the rental, sale, lease, or other disposition of the real property on which the sign is located.

"Roof sign" means a sign erected or printed entirely on or above the roof.

==> picture [312 x 219] intentionally omitted <==

"Sign" means a device used for visual communication, promotion, or advertisement of the interests of a person, group, or enterprise. Signs may include an announcement, declaration, demonstration, display, insignia, or illustration.

"Sign structure" means a structure of any kind or character erected or maintained to support a sign; a physical support used exclusively as a stand, frame, or background for the support or display of signs or advertising. See "Outdoor advertising structure."

"Wall sign" means a sign that is posted, affixed, suspended, or painted on an exterior wall of a building or structure.

"Wind sign" means a sign or device that is designed with one or more streamers, banners, flags, balloons, or other objects that are intended to move when exposed to the wind.

"Window sign" means a sign or message posted, painted, affixed, or attached to a window surface.

==> picture [300 x 173] intentionally omitted <==

(Ord. 544 § 1(part), 2000).

19.25.030 - Applicability.

A.

No sign or advertising display shall be erected or maintained that does not comply with the provisions of this chapter and any other applicable statutes or laws.

B.

The requirements of this chapter shall be applied in addition to any other requirements contained in this Title 19.

C.

In the event of direct and irreconcilable conflict between any provisions of this chapter and any other provisions of this Title 19 or any other provisions contained in the Commerce Municipal Code, the more restrictive requirements shall govern.

(Ord. 544 § 1(part), 2000).

19.25.040 - Permits. ¶

A.

A sign permit shall be required prior to the placing, erecting, moving, reconstructing, altering, or displaying of any sign or advertising display in the city. An application for a sign permit for each sign or advertising display shall be made to the community development department to first determine if the application conforms to all of the applicable provisions of this Title 19.

B.

Upon approval of the community development department (if a permit is required), the applicant shall submit an application to the building department for a building permit and shall provide such information and fees as the building official may prescribe. The property owner or the authorized agent of the property owner shall make the application, and shall include the following information:

1.

All signs and advertising displays shall be designed, constructed, and maintained as specified in the latest edition of the city building code.

2.

The supporting members of all signs and advertising displays shall be free of any extra bracing, angle iron, guy wires, cables, etc. The supports of all signs and advertising displays placed upon or attached to buildings shall be an architectural and integral part of the building.

3.

The backs of all signs and advertising displays shall be screened, encased, or otherwise covered so that no structural members are visible to the public.

(Ord. 544 § 1(part), 2000).

19.25.050 - Exempt signs. ¶

The following signs shall not be subject to the provisions of this chapter:

A.

Signs placed by a governmental body or public utility, including signs required to be maintained by law.

B.

Flags of any nation, political subdivision, or flags identifying the business or organization on the site; provided, that not more than three flags are placed on any site.

C.

Nonilluminated directional or convenience signs, not exceeding six square feet in area and four feet in height, that facilitate traffic flow and safety, such as signs that say "entrance," "exit," "caution," "parking," "one-way," etc.

D.

Bulletin or announcement signs erected on the premises of churches, schools, and other public institutions, not exceeding one in number per street frontage and used solely for the purpose of stating items related to activities conducted on the premises; provided, such signs do not exceed thirty square feet in area and six feet in height above ground level.

E.

Nonilluminated warning signs not exceeding two square feet in area and four feet in height, such as signs that say "no trespassing, "beware of dog," "no parking," "no soliciting," etc.

F.

One name plate containing the name and/or profession of the occupant of the premises upon the building for each tenant occupant, not exceeding an area of one square foot.

G.

One temporary, nonilluminated construction sign per parcel, not exceeding an area of six square feet in residential zones or thirty-two square feet in all other zones. Such signs shall be removed within seven days following removal of the property from the market.

H.

One temporary, nonilluminated real estate sign per parcel, not exceeding six square feet in residential zones or thirty-two square feet in all other zones. Such signs shall be removed within seven days following

removal of the property from the market.

I.

Temporary (sixty days or less), noncommercial signs devoted to a religious, charitable, cultural, governmental, or educational purpose. Time and temperature signs shall be exempt from the sixty-day limitation.

J.

Signs located on real property either owned in fee by the city or over which an easement for public right-ofway purposes has been acquired by the city, where such signs are placed under permit or license approved by the city council.

K.

Murals, as defined by Section 19.45.140 of this Title 19.

(Ord. 544 § 1(part), 2000).

19.25.060 - Prohibited signs. ¶

A.

No sign or advertising display shall be attached to or placed upon any vehicle except those that are painted directly upon, or permanently affixed to the body of a vehicle used regularly in a business to which the sign or advertising display pertains. No vehicle shall be parked on any parking area or street for the purpose of displaying a sign or advertising display.

B.

Portable signs or advertising displays are not permitted.

C.

Flashing signs or advertising displays are not permitted.

D.

No sign, advertising display, or portion thereof shall rotate or revolve at a speed greater than eight revolutions per minute. Flashing, rotating, or revolving signs may be permitted by the community development director if he finds that one or more of the following conditions and prerequisites have been met:

1.

The proposed sign will be an on-site sign as defined in this chapter.

2.

The proposed sign will be located in the C/M-1, M-1, or M-2 zone.

3.

The proposed sign will not unreasonably cause or contribute to any unsafe traffic condition.

4.

The proposed sign will not be detrimental to the property owners in the area or to the general public.

5.

Because of the location of the proposed sign in relation to potential viewers and the nature of the business being advertised, motion or the appearance of motion in the sign is necessary to allow the sign to be noticed and viewed by such potential viewers.

E.

Wind signs or advertising displays are not permitted, except official flags or banners announcing public events placed by government entities.

F.

Signs or advertising displays that resemble or hide from view any official traffic sign, signal, or device; attempt to direct the movement of traffic; or interfere with, mislead, or confuse traffic are not permitted.

G.

Signs or advertising displays shall not be erected so as to constitute or potentially constitute a hazard to the safe and efficient operation of vehicles upon any street, highway, or freeway. Signs or advertising displays shall not utilize any light of any color of such brilliance or be positioned so as to blind or impair the vision of drivers upon the street, highway, or freeway, nor shall any light be placed in such position as to prevent the driver of a vehicle from readily recognizing any official traffic sign, signal, or device.

H.

Signs that are projected by electronic means, such as by a video projector or movie camera, are prohibited.

(Ord. 544 § 1(part), 2000).

19.25.070 - Restrictions on sign types or features.

A.

No live animal or human being shall be used as a part of any sign or advertising display, except during authorized promotional activities and as approved by the community development director.

B.

No sign or advertising display shall emit sound of any kind for the purpose of attracting the attention of the general public.

No person shall use, operate, or employ any projector, stereopticon, television, or motion picture machine in conjunction or attached to any sign or advertising display.

(Ord. 544 § 1(part), 2000).

19.25.080 - Sign maintenance. ¶

All signs and advertising displays and the ground area thereunder shall be maintained at all times in a state of good repair, free from deterioration, rot, rust, and loosening. The display surfaces of all signs and advertising displays shall be kept neatly painted or posted, and the area beneath and about the base of all signs and advertising displays shall be kept free of all weeds, rubbish, and inflammable waste materials by the owner of the sign or advertising display.

(Ord. 544 § 1(part), 2000).

19.25.090 - Residential zones sign regulations. ¶

The number and type of signs allowed within residential zones are set forth in Table 19.25.100A. Signs in the R-1, R-2, and R-3 zones shall conform to the following provisions:

A.

Roof signs and projecting signs are not permitted.

B.

No sign shall extend above roof level of a building to which it is attached.

C.

Nothing contained herein shall be construed as permitting any type of sign in conjunction with a commercial use allowed as a home occupation.

D.

No permanent murals, figures, or pictures shall be painted or drawn on any exterior walls.

(Ord. 544 § 1(part), 2000).

19.25.100 - Nonresidential zones sign regulations. ¶

Table 19.25.100A sets forth the sign regulations applicable to all nonresidential zones.

Table 19.25.100A

PERMITTED SIGNS BY USE OR SIGN TYPE

Use or Sign Type	Type of Sign and Number Permitted	Size Restrictions	Other Regulations
Single-family residential development (4 acres or	2 nonilluminated neighborhood	Area = 10 sf maximum Height = 6 ft. maximum	None
more)	identifcation signs at each neighborhood entry point
---	---	---	---
Multifamily unit residential complex (5 units or more)	1 permanent building identifcation wall sign	Area = 10 sf maximum Height = 6 ft. maximum	No more than 1 sign per individual land parcel
Model Home, House for Sale	Real estate signs	Maximum 10 sf total sign area per individual land parcel	None
Freestanding signs in nonresidential zones	1 on-site sign with a maximum of 2 supports allowed for properties with less than 800 lineal feet of street frontage. 1 additional on-site sign allowed for properties with 800 or more lineal feet of street frontage	Area = Maximum 1 sf per 1 foot of street frontage, and maximum area of 800 sf Height = 20 ft. maximum at front property line, plus 1 foot for each foot the sign is set back from the property line, and maximum height of 42 ft.	Minimum of 100 lineal feet of street frontage required No on-site sign shall exceed in area the equivalent of its distance in lineal feet from any residential zone, school, park, the Civic Center, or other recreational facility No on-site sign shall be located within 200 feet of any residential zone, school, park, City Council-designated City beautifcation area or City identifcation area, or the Civic Center
Wall or roof signs in nonresidential zones	In place of a permitted freestanding or readerboard sign, 1 roof sign and up to 3 wall signs, provided total combined roof and wall sign area does not exceed maximum permitted area	Area = Maximum 3 sf per 1 foot of building frontage for aggregate wall and roof sign area Height (roof signs) = Maximum of 5 ft. per building story, and maximum of 25 ft. above roof level	In no case shall the size of a wall sign exceed 35% of the wall area on which it is located
Readerboard sign in nonresidential zones	1 sign per property with Conditional Use Permit	Area = Maximum 1 sf per 5 feet of street frontage, and maximum	Not permitted under any circumstances within
	in place of a permitted freestanding sign	area of 500 sf Height = 20 ft maximum at front property line, plus 1 foot for each foot the sign is set back, and a maximum height of 30 ft.	750 linear feet of The Citadel property
---	---	---	---
Public Property	None permitted		No sign may project over a public right-of- way

(Ord. 550 § 9, 2000; Ord. 544 § 1(part), 2000).

19.25.110 - Temporary signs. ¶

Temporary signs such as flags, streamers, banners, nonmetallic balloons twelve inches or less in diameter, and pennants used for special promotions may be permitted subject to the following standards:

A.

A business shall be limited to a maximum of five promotional periods per calendar year, with the exception of automobile dealerships, which shall be limited to nine promotional periods in a calendar year.

B.

A promotional time period shall consist of fourteen days or less. No more than two time periods can occur consecutively. If two promotional time periods are not consecutive, the time periods must be separated by at least fourteen days.

C.

A maximum of four temporary signs are allowed per event, including a maximum of two exterior temporary banners.

D.

Total sign area for temporary signs and exterior banners shall not exceed the total square footage of permanent on-site signage permitted under this chapter for the subject business. This does not include temporary inflatable objects such as air balloons.

E.

All signs and banners must be exclusively attached to the building structure. Streamers, pennants, balloons, etc., may be detached from the building structure, but may not be on or attached to public property or on adjacent private property, and not attached to utility poles or light standards within the

public right-of-way. All temporary signs, including streamers, pennants, balloons, etc., must be at least ten feet above surrounding ground level, measured from the bottom of the sign (streamer, pennant, etc.) to the surrounding ground level.

F.

A temporary sign permit must be obtained for each promotional time period prior to placement of temporary signs, flags, banners, pennants, or balloons. Placement of all temporary signs, flags, banners, pennants, and balloons shall be subject to the approval of the community development director.

G.

Only one inflatable object such as a balloon larger than twelve inches in diameter, an inflatable statuary, or an air balloon is allowed and must be included as part of a permitted promotional period pursuant to this section, and shall not exceed seventy-five feet in height above grade or fifty feet above the building height.

(Ord. 544 § 1(part), 2000).

19.25.120 - Redevelopment signs. ¶

A.

Pursuant to Section 5273 of the California Business and Professions Code, a sign advertising businesses and activities within a redevelopment project area may be established. One such sign is permitted within each redevelopment project area.

B.

Each such sign shall have a maximum area of eight hundred square feet and maximum height of forty-two feet.

C.

Such signs shall be limited in number to one per freeway traversing the City of Commerce.

(Ord. 544 § 1(part), 2000).

19.25.130 - Master sign plan.

(a)

A master sign plan shall be required for all new nonresidential development projects with three or more tenant spaces, or for any nonresidential development involving the reconstruction and reuse of existing buildings with three or more tenant spaces.

(b)

For the purposes of this section, a master sign plan shall be defined as an illustrative plan indicating the number, location, height, dimensions, orientation, materials, design, and colors of all proposed signage.

(c)

Approval of a master sign plan by the planning commission shall be required whenever the director or designee determines that a master sign plan is needed because of special project characteristics (e.g., the size of proposed signs, limited site visibility, a business within a business, the location of the site relative to major transportation routes, etc.) or when unique, creatively designed signs are being proposed and certain aspects of the sign's design (e.g., animation) might not otherwise be allowed. Supporting documentation to the satisfaction of the director shall be required when requesting a master sign plan.

(Ord. 550 § 10, 2000).

(Ord. No. 670, § 1, 9-8-2015)

DIVISION 2. - OFF-SITE SIGNS

19.25.140 - Off-site signs permitted with restrictions. ¶

The installation of an off-site sign or advertising display shall be permitted only in the Modelo Specific Plan zone subject to the restrictions of said specific plan and the Master Sign Plan approved concurrently therewith, as such plans may be modified from time to time, and the M-2 zone with the issuance of a conditional use permit, except that no off-site sign shall be permitted under any circumstance along

Atlantic Avenue, Washington Boulevard, and Interstate five; nor within seven hundred fifty linear feet of The Citadel property; nor within a redevelopment project area; nor within two hundred feet of the civic center, a park, a school, or a property zoned for residential use (except as authorized within the Modelo Specific Plan).

(Ord. 544 § 1(part), 2000; Ord. No. 785, § 6, 2-22-2022).

19.25.150 - Relocation of legally nonconforming off-site signs.

A.

Any legally nonconforming off-site sign may be considered as a candidate for relocation approval on a two for one basis. Upon agreement between the sign owner and the city, the sign owner may abandon two such legally nonconforming off-site signs and replace them with one new sign, subject to the provisions of this chapter.

B.

Under the relocation program, the new sign shall comply with all requirements of this chapter relating to offsite signs, except that compliance with spacing requirements may be waived by the planning commission. However, in no case shall spacing between any two off-site signs be less than five hundred feet.

C.

Any sign proposed for relocation pursuant to this section shall be made to the planning commission. In considering such an application, the planning commission shall take into account the following considerations, among others:

Whether or not the area has excessive visual clutter;

2.

Whether or not the proposed relocated sign would be compatible with uses and structures on the proposed site and in the surrounding area;

3.

Whether or not the proposed site is in an area that is actively contemplated for or actively being upgraded. Among indications of such upgrading are:

a.

A specific program for beautification or undergrounding of utilities;

b.

A neighborhood business center revitalization program; and/or

c.

Inclusion in a redevelopment area.

4.

Whether or not the off-site sign would create a traffic or safety problem with regard to on-site access, circulation, or visibility;

5.

Whether or not the proposed sign would interfere with on-site parking or landscaping required by city ordinance or permit;

6.

Proximity to residential zoning districts or residential housing;

7.

Proximity to other off-site signs;

8.

Field of vision shared with other off-site signs and on-site signs;

9.

Maintenance quality and appearance of the signs proposed for removal; and

Aesthetic and visual problems caused in their existing locations by the signs proposed for removal.

D.

The signs to be removed must be removed from their respective sites prior to commencement of construction or installation of the new sign. A building permit will be required for removal.

E.

A conditional use permit shall not be required for the new sign, but the fees required for all new off-site signs shall be paid.

(Ord. 544 § 1(part), 2000).

19.25.160 - Development standards. ¶

A.

The following development standards shall apply to all off-site signs:

1.

Maximum Height. Forty-two feet, measured from the ground surface to the uppermost point of the sign. For freeway-oriented off-site signs, height shall be measured from the closest freeway grade to the uppermost point of the sign.

2.

Maximum Area. Eight hundred square feet per sign face.

3.

Maximum Number of Sign Faces. Two. However, any off-site sign located on frontage property along Interstate 5 established on or before the effective date of the ordinance codified in this subsection shall be permitted a third face, provided that such third face attaches to the existing off-site sign structure; the existing off-site sign structure footing conforms to applicable building code requirements without any modifications required for the third face; the two existing faces not be repositioned in any manner to accommodate the third face; and the third face is of equal dimensions to the two existing faces

4.

Minimum Distance from Another Off-site Sign. Seven hundred twenty feet.

5.

Minimum Distance from Freeway Ramp or Street Intersection. Three hundred seventy-five feet.

B.

No off-site sign shall be permitted within any freeway landscaped area under the jurisdiction of the California Department of Transportation.

C.

The backs of all off-site signs shall be screened, encased, or otherwise covered so that no structural members are visible to the public.

(Ord. 550 § 11, 2000; Ord. 544 § 1(part), 2000).

19.25.170 - Reserved. ¶

19.25.180 - Intent. ¶

It is the intent of this Division 3 to recognize that the eventual elimination of existing on-site signs that do not conform to the provisions of this Chapter 19.25 is as important to the citywide aesthetic and health, safety, and welfare as is the prohibition of new signs that would violate the provisions of this chapter. It is also recognized that nonconforming signs should be eliminated in a manner that avoids an unreasonable invasion of established property rights.

(Ord. 544 § 1(part), 2000).

19.25.190 - Nonconforming signs—General. ¶

Nonconforming signs shall not be altered, moved, or reconstructed in any way unless done so in a manner to comply with all the applicable standards of this Title 19.

(Ord. 544 § 1(part), 2000).

19.25.200 - Continuation and maintenance. ¶

A.

A sign, lawfully occupying a site, that does not conform with the sign regulations for the zone in which the sign is located shall be deemed to be a nonconforming sign and may not be altered, moved, expanded or enlarged, structurally altered to extend the useful life of the sign, or reconstructed unless made to comply with the standards of this Chapter 19.25.

B.

Any nonconforming sign may be continued in operation and maintained after the effective date of the ordinance codified in this Title 19.

(Ord. 544 § 1(part), 2000).

19.25.210 - Permitted change in copy. ¶

The copy on a nonconforming sign may be changed prior to the scheduled date of elimination by issuance of a permit. Such change may not create a new nonconforming sign or increase the discrepancy between the existing nonconformity and the regulations.

(Ord. 544 § 1(part), 2000).

19.25.220 - Amortization schedule. ¶

All nonconforming on-site signs shall be discontinued, removed from their sites, altered to conform to the requirements of this Chapter 19.25, or altered as prescribed to decrease the degree of nonconformity within the time schedules specified in Table 19.25.220A.

Table 19.25.220A

Nonconforming On-site Sign Elimination Schedule

Description of Nonconforming On-site Sign	Elimination Schedule
1. Lighting or movement nonconformity, any zone	Within 6 months of the date that the sign becomes nonconforming
2. Painted on wall, any zone	Within 1 year of the date that the sign becomes nonconforming
3. Any other nonconforming on-site sign located in a residential zone	Within 1 year of the date that the sign becomes nonconforming
4. All other nonconforming on-site signs	Within 3 years of the date that the sign becomes nonconforming

(Ord. 544 § 1(part), 2000).

19.25.230 - Abatement of illegal signs within public rights-of-way. ¶

A.

If it is determined that a sign is illegally placed on public property, public right-of-way, or public easements, the city shall notify the owner to remove the sign within forty-eight hours or be billed for the costs of removal. If immediate action is necessitated for public safety considerations, the city shall remove the sign, and the sign owner shall be billed for the costs of removal.

B.

The owner of a sign which has been removed by the city may request a hearing to determine whether the sign was in fact illegally located on public property. The request for a hearing shall be made within fortyeight hours from the date of removal.

C.

If the owner of a sign fails to make a request for a hearing and no demand is made for the return of the sign within ten days of the date of removal, then the city is authorized to destroy or dispose of the sign.

(Ord. 544 § 1(part), 2000).

CHAPTER 19.27 - ANTENNAS AND OTHER WIRELESS COMMUNICATION FACILITIES

19.27.010 - Intent and purpose. ¶

The purpose of this chapter is to provide for the appropriate location and development standards for wireless communication facilities while serving the residents and businesses in the city.

(Ord. No. 669, 8-18-2015)

19.27.020 - Antennas permitted by right. ¶

The following are permitted as a matter of right as an accessory use, subject to the standards outlined in Section 19.27.040 (residential zones) and Section 19.27.050 (nonresidential zones):

A.

Common skeletal-type radio and television antenna used to receive UHF, VHF, AM and FM signals of off-air broadcasts from radio and television stations.

B.

In residential zones, all satellite dish antennas that are one meter or less in diameter.

C.

In all nonresidential zones, all satellite antennas that are two meters or less in diameter.

(Ord. No. 669, 8-18-2015)

The antenna, including guy wires, supporting structures, and accessory equipment, shall be located and designed so as to minimize the visual impact on surrounding properties and from public streets. The materials used in constructing the antenna shall not be unnecessarily bright, shiny, garish, or reflective.

F.

1.

Every antenna must be adequately grounded with an adequate ground wire for protection against a direct strike of lightning. Ground wires shall be of the type approved by the latest edition of the electrical code for grounding masts and lightning arresters (per FCC standards) and shall be installed in a mechanical manner, with as few bends as possible, maintaining a clearance of at least two inches from combustible materials. Lightning arresters shall be used that are approved as safe by the Underwriter's Laboratories, Inc., and both sides of the line must be adequately protected with proper arresters to remove static charges accumulated on the line.

2.

When lead-in conductors of polyethylene ribbon-type are used, lightning arresters must be installed in each conductor. When coaxial cable or shielded twin lead is used for lead-in, suitable protection may be provided without lightning arresters by grounding the exterior metal sheath.

G.

A wind velocity test shall be required, if deemed necessary by the community development director.

H.

All cellular, pcs, and other wireless antenna shall be designed to enhance the surrounding physical environment by blending with that environment and by being as unobtrusive as possible. Screening shall be provided in the form of fencing, landscaping, structures, or parapets integral to the building. Such screening shall be provided to the satisfaction of the community development director.

I.

Co-location of cellular, pcs, and other wireless antenna shall be encouraged. Therefore, lease agreements shall not include exclusive rights which would prohibit co-location where it is technically feasible.

J.

For all cellular, pcs, and other wireless antenna for which a conditional use permit is required, a faithful performance bond to ensure the removal of abandoned antenna facilities shall be posted prior to the issuance of building permits.

K.

All cellular, pcs, and wireless antenna which are located in or use city right-of-way shall be subject to applicable franchise fee ordinance provisions or city lease agreement provisions.

(Ord. No. 669, 8-18-2015)

19.27.070 - Nonconforming antennas. ¶

All antennas, in any zone, lawfully constructed and erected prior to the effective date of applicable ordinances, and which do not conform to the requirements of the provisions of this Chapter 19.27 for the particular zone in which they are located, shall be accepted as nonconforming uses and shall be subject to abatement pursuant to the provisions of Chapter 19.37 (Nonconforming Uses and Structures) of this Title 19.

(Ord. No. 669, 8-18-2015)

19.27.080 - Relocation of nonconforming antennas. ¶

Where the planning commission finds that a nonconforming antenna, either in its present condition or as modified, can be used in compliance with the standards set forth in this Title 19 for the zone in which it is located, the nonconforming antenna may be granted an extension sufficient to permit it to relocate on the site wherein such use is permitted and which has substantially equivalent utility for the use. In no event shall such extension be more than two years.

(Ord. No. 669, 8-18-2015)

19.27.090 - Wireless facility modifications. ¶

This section shall apply to modifications to existing wireless communications facilities and collocation of facilities on existing wireless towers under Section 6409(a) of the Spectrum Act (codified at 47 U.S.C. 1455).

A.

Purpose. This section implements § 6409 of the Spectrum Act (codified at 47 U.S.C. 1455), which requires a state or local government to approve any eligible facilities request for a modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station.

B.

Definitions. Terms used in this section have the following meanings.

1.

"Base Station." A structure or equipment at a fixed location that enables Commission-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in this subpart or any equipment associated with a tower.

The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

b.

The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiberoptic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks).

c.

The term includes any structure other than a tower that, at the time the relevant application is filed with the city under this section, supports or houses equipment described in subsections (B)(1)(a)—(b) of this section that has been reviewed and approved under the applicable zoning or siting process, or under another city regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.

d.

The term does not include any structure that, at the time the relevant application is filed with the city under this section, does not support or house equipment described in subsections (B)(1)(a)—(b) of this section.

2.

"Collocation." The mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.

3.

"Eligible Facilities Request." Any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving:

a.

Collocation of new transmission equipment;

b.

Removal of transmission equipment; or

c.

Replacement of transmission equipment.

4.

"Eligible Support Structure." Any tower or base station as defined in this section, provided that it is existing at the time the relevant application is filed with the city under this section.

"Existing." A constructed tower or base station is existing for purposes of this section if it has been reviewed and approved under the applicable zoning or siting process, or under another city regulatory review process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition.

6.

"Site." For towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.

7.

"Substantial Change." A modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:

a.

For towers other than towers in the public rights-of-way, it increases the height of the tower by more than ten percent or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than ten percent or more than ten feet, whichever is greater;

i.

Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act.

ii.

For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;

iii.

For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than ten percent larger in height or overall volume than any other ground cabinets associated with the structure;

iv.

It entails any excavation or deployment outside the current site;

v.

It would defeat the concealment elements of the eligible support structure; or

vi.

It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified in subsection (B)(7)(i)—(iv).

8.

"Transmission Equipment." Equipment that facilitates transmission for any Federal Communications Commission ("FCC")-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

9.

"Tower." Any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site.

C.

Review of Applications. The public works and development services department may not deny and shall approve any eligible facilities request for modification of an eligible support structure that does not substantially change the physical dimensions of such structure. All such facilities must also comply with the city's height, location, bulk, size and aesthetic or design requirements.

1.

Documentation Requirement for Review. When an applicant asserts in writing that a request for modification is covered by this section, the city may require the applicant to provide documentation or information reasonably related to determining whether the request meets the requirements of this section. The city may not require an applicant to submit any other documentation, including but not limited to documentation intended to illustrate the need for such wireless facilities or to justify the business decision to modify such wireless facilities.

2.

Timeframe for Review. Within sixty days of the date on which an applicant submits a request seeking approval under this section, the city shall approve the application unless it determines that the application is not covered by this section.

3.

Tolling of the Timeframe for Review. The sixty-day period begins to run when the application is filed, and may be tolled only by mutual agreement or in cases where the city determines that the application is incomplete. The timeframe for review is not tolled by a moratorium on the review of applications.

a.

To toll the timeframe for incompleteness, the city must provide written notice to the applicant within thirty days of receipt of the application, delineating all missing documents or information. Such delineated information is limited to documents or information meeting the standard under subsection (C)(1) of this section.

b.

The timeframe for review begins running again when the applicant makes a supplemental submission in response to the state or local government's notice of incompleteness.

c.

Following a supplemental submission, the city will have ten days to notify the applicant that the supplemental submission did not provide the information identified in the original notice delineating missing information. The timeframe is tolled in the case of second or subsequent notices pursuant to the procedures identified in this subsection (C)(3). Second or subsequent notices of incompleteness may not specify missing documents or information that were not delineated in the original notice of incompleteness.

4.

Failure to Act. In the event the city fails to approve or deny a request seeking approval under this section within the timeframe for review (accounting for any tolling), the request shall be deemed granted. The deemed grant does not become effective until the applicant notifies the public works and development services department in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted.

5.

Remedies. Applicants and the city may bring claims related to Section 6409(a) of the Spectrum Act to any court of competent jurisdiction.

(Ord. No. 669, 8-18-2015)

19.27.100 - Wireless telecommunication facilities in the public right-of-way. ¶

A small wireless facility permit from the public works department shall be required for any small wireless facility and associated work in the public right-of-way. All applicable permit and inspection fees shall be

established by resolution of the city council.

(Ord. No. 760, § 6, 7-7-2020)

19.27.110 - Design guidelines for small wireless facilities. ¶

The city council shall adopt by resolution standards and guidelines regulating the design of small wireless facilities (as defined by Section 1.6002(I) of Subpart U, of Part 1, of Title 47 of the Code of Federal Regulations) deployed in the public right-of-way in the City of Commerce. The director of public works, in consultation with the city engineer, shall have the authority to implement rules and promulgations to interpret and implement the standards and guidelines, as well as develop, implement, or modify any policies, regulations, conditions, forms, or documents necessary to regulate small wireless facilities in the public right-of-way.

(Ord. No. 760, § 7, 7-7-2020)

CHAPTER 19.29 - TRANSPORTATION DEMAND MANAGEMENT

19.29.010 - Intent and purpose. ¶

The purpose of this Chapter 19.29 is to establish provisions that encourage the efficient use of the city's existing and planned transportation infrastructure, to maintain or improve traffic levels of service, and to lower motor vehicle emissions. The policy of the City of Commerce is to minimize the number of peak period vehicle trips generated by additional development, promote the use of alternative transportation, improve air quality, and participate in regional and countywide efforts to improve transportation demand management.

(Ord. 544 § 1(part), 2000).

19.29.020 - Definitions.

The following words or phrases shall have the following meanings when used in this Chapter 19.29:

"Alternative transportation" means the use of modes of transportation other than the single-passenger motor vehicle, including, but not limited to, carpools, vanpools, buspools, public transit, walking, and bicycling.

"Applicable development" means any development project that is determined to meet or exceed the project size threshold criteria contained in Section 19.29.060 of this chapter.

"Buspool" means a vehicle carrying sixteen or more passengers commuting on a regular basis to and from work with a fixed route, according to a fixed schedule.

"Carpool" means a vehicle carrying two to six persons commuting together to and from work on a regular basis.

"The California Environmental Quality Act (CEQA)" is a statute that requires all jurisdictions in the state of California to evaluate the extent of environmental degradation posed by proposed development.

"Developer" means the builder who is responsible for the planning, design, and construction of an applicable development project. A developer may be responsible for implementing the provisions of this Chapter 19.29 as determined by the property owner.

"Development" means the construction or addition of new building square footage.

"Employee parking area" means the portion of total parking at a development used by on-site employees. Unless otherwise specified in this Title 19, for the purposes of this Chapter 19.29, employee parking shall be calculated as follows:

Type of Use	Percent of Total Required Parking Devoted to Employees
Commercial	30%
Ofce/Professional	85%
Industrial/Manufacturing	90%

"Preferential parking" means parking spaces designated or assigned, through use of a sign or painted space markings, for carpool and vanpool vehicles carrying commute passengers on a regular basis. All preferential parking shall be provided in a location more convenient to a place of employment than parking spaces provided for single-occupant vehicles.

"Property owner" means the legal owner of a development who serves as the lessor to a tenant. The property owner shall be responsible for complying with the provisions of this Chapter 19.29 either directly or by delegating such responsibility as appropriate to a tenant and/or agent.

"South Coast Air Quality Management District (SCAQMD)" means the regional authority appointed by the California State Legislature to meet federal standards and otherwise improve air quality in the South Coast Air Basin (the nondesert portions of Los Angeles, Orange, Riverside, and San Bernardino Counties).

"Tenant" means the lessee of facility space at an applicable development project.

"Transportation demand management (TDM)" means the alteration of travel behavior - usually on the part of commuters - through programs of incentives, services, and policies. TDM addresses alternatives to singleoccupant vehicles. Alternatives may include carpooling and vanpooling, and changes in work schedules that move trips out of the peak period, or eliminate them altogether (as is the case in telecommuting or compressed work weeks).

"Trip reduction" means reduction in the number of work-related trips made by single-occupant vehicles.

A safe and convenient zone in which vanpool and carpool vehicles may deliver or board their passengers.

Sidewalks or other designated pathways following direct and safe routes from the external pedestrian circulation system to each building in the development.

c.

If determined necessary by the city to mitigate the project impact, bus stop improvements must be provided. The city shall consult with the local bus service providers in determining appropriate improvements. When locating bus stops and/or planning building entrances, entrances must be designed to provide safe and efficient access to nearby transit stations/stops.

d.

Safe and convenient access from the external circulation system to bicycle parking facilities onsite shall be provided.

(Ord. 544 § 1(part), 2000).

19.29.070 - Monitoring. ¶

Project compliance shall be monitored in accordance with the provisions of Resolution No. 93-4, adopted by the city council on January 26, 1993, and placing into effect the "City of Commerce Environmental Monitoring Program."

(Ord. 544 § 1(part), 2000).

19.29.080 - Reserved. ¶

CHAPTER 19.31 - STANDARDS FOR SPECIFIC LAND USES

DIVISION 1. - ADULT BUSINESS AND ENTERTAINMENT ENTERPRISES

19.31.010 - Intent and purpose.

A.

These provisions regulating adult businesses and adult entertainment enterprises are established to guard against the known adverse effects such businesses can have on the community and the neighborhoods in which they are located, including conditions of blight, crime, and perceived and real threats to public health, safety, morals, and general welfare.

B.

These provisions are intended to prevent the concentration of such businesses and to ensure that any such use established operates in a manner that minimizes the potentially adverse effects on surrounding properties.

C.

In addition to the adult business regulations contained in this division, the city has established provisions regulating live nude entertainment in bars, theaters, public dance establishments, and other entertainment

establishments. These provisions are contained in Chapter 9.36 of the Municipal Code (Regulations of Nudity and Public Exposure).

(Ord. 544 §1(part), 2000).

19.31.020 - Special business license required. ¶

A special business license, obtained pursuant to the requirement of Chapter 5.58 (Adult Entertainment Establishments) of the Municipal Code, shall be required for the establishment and operation of any adult business or adult entertainment enterprise. This requirement shall apply to all new adult businesses and any adult business existing on or before the effective date of this title.

(Ord. 544 §1(part), 2000).

19.31.030 - Permitted in M-2 zone only. ¶

Adult businesses shall be permitted only in the M-2 zone, provided such business meets all requirements contained in this Division 1, Chapter 19.31 and Chapter 5.58 of the Commerce Municipal Code.

(Ord. 544 §1(part), 2000).

19.31.040 - Conditions on use. ¶

All adult businesses and adult entertainment enterprises shall be subject to the conditions on use set forth in Chapter 5.58 of the Commerce Municipal Code.

(Ord. 550 §12, 2000).

19.31.050 - Location standards. ¶

All adult businesses shall comply with the location standards set forth in Section 5.58.030 of the Municipal Code.

(Ord. 544 §1(part), 2000).

19.31.060 - Amortization of nonconforming uses.

Nonconforming adult businesses shall be subject to the amortization provisions set forth in Section 5.58.140 (Nonconforming Uses) of the Municipal Code.

(Ord. 544 §1(part), 2000).

19.31.070 - Reserved. ¶

19.31.080 - Development standards and use conditions. ¶

All airports and heliports shall be designed and operated in accordance with the following development standards:

A valid permit for operation of the facility shall be obtained from the Federal Aviation Administration.

B.

The operation of the proposed use will comply with all requirements of Chapter 19.19 (Site Planning and General Development Standards), particularly those related to light, glare, and noise.

C.

The proposed use will protect the landing and takeoff approach zones, insure safe operations, and minimize potential accidents.

D.

An airport or heliport must demonstrate a necessity for the facility or the benefit of the facility on existing uses and shall not adversely affect the general welfare of the community.

(Ord. 544 § 1(part), 2000).

19.31.090 - Reserved. ¶

19.31.100 - Development standards and use conditions. ¶

Any use providing alcohol sales shall be subject to the following standards and conditions on use:

(1)

A new use may only be established in a location such that the proposed use shall not contribute to undue proliferation of such uses in an area where additional ones would be undesirable, with consideration to be given to the area's function and character, problems of crime and loitering, traffic problems, and capacity.

(2)

The proposed use shall not be located within five hundred feet nor adversely affect adjacent or nearby religious facilities; residences; public or private schools; public parks or recreation centers; or public or parochial playgrounds. However, the distance requirement shall not apply to restaurant, sit-down defined by the Commerce Municipal Code and which are located along either Washington Boulevard or Atlantic Boulevard. While the distance requirement of this section may not apply to restaurant, sit-down, the city may deny an application if it is determined that a use adversely affects any adjacent or nearby religious facilities; residences; public or private schools; public parks or recreation centers; or public or parochial playgrounds.

(3)

The proposed use shall not interfere with the movement of people along an important pedestrian street.

(4)

The proposed development shall be of an architectural and visual quality and character that harmonizes with, or where appropriate, enhances the surrounding area.

(5)

Adequate litter receptacles shall be provided.

(6)

Where the proposed use is near residential uses, it shall be limited in hours of operation, or designed and operated, so as to avoid disruption of residents' sleep between the hours of ten o'clock p.m. and seven o'clock a.m. Through the CUP process, and on a case by case basis, the planning commission may approve and/or modify to allow alcohol sales between the hours of ten o'clock p.m. and seven o'clock a.m. provided all findings required by Section 19.39.420 are met.

(Ord. 544 § 1(part), 2000).

(Ord. No. 702, § 2, 9-4-2018)

19.31.110 - Reserved. ¶

19.31.120 - Development standards and use conditions. ¶

Amusement arcades shall be subject to the following standards and conditions on use:

A.

Operating hours shall be restricted so as not to disturb neighboring uses.

B.

Loitering on the premises shall be controlled.

C.

Adult supervision for the control of patron behavior on the premises shall be provided.

D.

The sale and consumption of alcoholic beverages shall comply with city regulations.

E.

Noise from the premises shall be controlled and abated.

F.

All signs shall comply with Chapter 19.25 (Signs) of this Title 19.

(Ord. 544 § 1(part), 2000).

19.31.130 - Reserved. DIVISION 5. - CAR WASHES

19.31.140 - General development standards for all car washes. ¶

A.

In addition to the applicable landscaping requirements of Chapter 19.23 of this Title 19, landscaping for all car washes shall screen drive-through or drive-in aisles from public rights-of-way and shall be used to minimize the visual impact of reader-board signs and directional signs.

B.

Nonconforming gasoline service stations requesting to provide a car wash shall be required to upgrade their appearance by removing nonconforming signs, renovating facades, providing landscaping and upgrading service facilities without regard to Division 12 (Gasoline Service Station) of this Chapter 19.31.

C.

All car wash tunnels shall be insulated to minimize noise impacts on nearby properties.

D.

Existing and proposed driveways shall conform to standards established by the city public services director.

E.

All mechanical equipment and utility boxes shall be screened with landscaping.

F.

All vehicular circulation shall be entirely on site.

G.

If adjacent to a residential zone or adjoining public street, the car wash facility shall maintain a minimum front, side, and rear yard setback of ten feet.

H.

The car wash facility, including the blowers and vacuum motors, shall comply with noise standards contained in this Title 19.

I.

Other land uses, including the storage of trailers, trucks, boats, or other equipment for rental, sale, or parking shall not be permitted on-site.

J.

The sale of any product shall not be conducted outside of the car wash building.

K.

No servicing of motor vehicles other than cleaning, polishing, and dispensing of fuel and oil shall be allowed unless the facility also meets all requirements for a gasoline service station.

L.

The site shall be equipped with catch basins and water drains to prevent water from flowing over any public right-of-way.

M.

No car wash shall be operated unless a valid industrial waste permit has been issued. An industrial waste permit shall be required from the Los Angeles County Public Works Division of Waste Management prior to the issuance of any building permits.

N.

No gray water shall be discharged into the storm drain.

O.

All car wash sites shall be equipped with a clarifier.

P.

Car washes, full or self-service, shall use facade materials to produce texture and to provide interest. Such materials include, but are not limited to, split-face block, brick, slump stone, or textured block or stucco. No metal siding shall be permitted. Roof materials shall also provide texture and interest. Such materials include, but are not limited to, standing seam metal roofs and clay tile.

(Ord. 544 § 1(part), 2000).

19.31.150 - Automated and other enclosed facilities.

All automated and enclosed car wash facilities within the city shall comply with the following regulations:

A.

The drying area shall be a fully roofed structure, and shall be large enough to accommodate ten cars without encroaching into the drive aisles or rights-of-way of the facility.

B.

A customer waiting area shall be provided that incorporates benches, landscaping, and amenities, including but not limited to fountains, sculptures, information kiosks, enhanced paving and drinking fountains.

The speaker volumes shall be adjusted to ensure that no speaker noise is heard beyond the site boundaries.

D.

Drive-through aisles shall provide adequate queuing distance to accommodate five vehicles before the first stopping point (such as the vacuum bays for a car wash). Aisles shall have a minimum twenty-five-foot interior radius for any curves. Pedestrian walkways should not intersect the drive-through aisles, but where allowed to do so they shall have a minimum fifteen-foot clear visibility, and they shall be emphasized by enriched paving.

E.

All auto detailing shall be done indoors.

F.

Required parking spaces shall be provided for all automated car washing facilities in accordance with Chapter 19.21 of this Title 19.

(Ord. 544 § 1(part), 2000).

19.31.160 - Self-service facilities.

All self-service and coin-operated car wash facilities shall comply with the following regulations:

A.

Self-service car washes and coin-operated car washes may be permitted as an ancillary use to a gasoline service station if the service station conforms to all other applicable provisions of Division 12 (Gasoline Service Station) of this Chapter 19.31.

B.

The drive-through aisle shall have sufficient queuing distance to accommodate three cars before the first stopping point.

C.

Required parking spaces shall be provided for all self-service car washing facilities in accordance with Chapter 19.21 of this Title 19.

(Ord. 544 § 1(part), 2000).

19.31.170 - Temporary car wash.

A.

To ensure the mitigation of any adverse impact, even though temporary, a temporary car wash shall not be held unless a temporary use permit has been obtained from the community development director or designee.

B.

The temporary use permit for a car wash shall be valid for a maximum of two consecutive days per calendar year.

C.

A letter of approval from the property owner on whose property the temporary car wash will be conducted shall be required for temporary car washes.

D.

The site where the temporary car wash is to be held shall have a valid industrial waste permit. The person or party wishing to hold a temporary car wash will be required to obtain an industrial waste clearance from the industrial waste permit.

(Ord. 544 § 1(part), 2000).

19.31.180 - Mobile car wash. ¶

Mobile car washes are not permitted within the city limits unless the mobile vehicle is equipped with an approved industrial waste water transportable treatment system and has been issued a city business license.

(Ord. 544 § 1(part), 2000).

19.31.190 - Reserved. ¶

DIVISION 6. - CARD CLUBS AND OTHER GAMING ESTABLISHMENTS

19.31.200 - Purpose of regulations. ¶

Card clubs are businesses that, by the nature of the activity involved, are not appropriate for all zones in the city. Card clubs attract large groups of people and generate traffic that is beyond the capacity of many city streets. In order to minimize the adverse impacts on surrounding uses and ensure that all card clubs are appropriately designed, well maintained, operated by persons of honesty and integrity, and an asset to the community, all card clubs shall comply with the restrictions contained in this Division 6. For the purposes of this section, the term card clubs shall refer to all similar gaming establishments.

(Ord. 544 § 1(part), 2000).

19.31.210 - Number allowable. ¶

There shall be only one card club for every ten thousand residents of the city, as reported by the latest available U.S. Census.

(Ord. 544 § 1(part), 2000).

19.31.220 - Location restrictions. ¶

No card club shall be located within one thousand feet of any residential zone, church, school, or park.

(Ord. 544 § 1(part), 2000).

19.31.230 - Permits and licenses. ¶

In addition to obtaining and maintaining a valid conditional use permit, the operator/owner of any card club shall comply with all city ordinances regulating card club licensing and operations.

(Ord. 544 § 1(part), 2000).

19.31.240 - Fees. ¶

The city council may impose such fees as it deems necessary for the establishment and operation of a card club. Timely payment of all fees and licenses shall be a condition of approval of all card clubs.

(Ord. 544 § 1(part), 2000).

19.31.250 - Development standards. ¶

In addition to the development standards of the zone in which they are located, all card clubs shall comply with the following standards:

A.

No card club shall be located on a lot less than one acre in net area.

B.

No card club, together with all related and accessory uses, shall have less than thirty thousand gross square feet of floor area.

C.

Required parking spaces shall be provided for all card clubs in accordance with Chapter 19.21 of this Title 19.

(Ord. 544 § 1(part), 2000).

19.31.260, 19.31.270 - Reserved.

DIVISION 7. - CEMETERIES AND MORTUARIES

19.31.280 - Development standards and conditions. ¶

All cemeteries and mortuaries shall be subject to the following conditions:

A.

All applications for a cemetery or mortuary shall provide proof of financial ability to develop and maintain the proposed cemetery.

All applications for a cemetery or mortuary shall provide assurance of perpetual care of the cemetery.

C.

Proper access that minimizes traffic congestion and adequate screening of adjacent properties must be demonstrated for all cemeteries or mortuaries.

D.

Mortuaries shall be located along a major or secondary highways as designated in the general plan circulation element.

E.

All cemetery or mortuary sites shall be of a size that allows for the makeup of funeral processions and provides the required off-street parking spaces, loading facilities, and landscaped areas.

(Ord. 544 § 1(part), 2000).

19.31.290 - Reserved. ¶

19.31.300 - Development standards and conditions. ¶

All large-family child care homes and child card centers shall be subject to the following conditions:

A.

All such child care facilities shall comply with all applicable state laws at all times.

B.

The hours of operation for any such child care facility shall be compatible with the surrounding area.

C.

Required parking spaces shall be provided for all such child care facilities in accordance with Chapter 19.21 of this Title 19.

D.

Off-street loading areas shall be provided on-site and designed for the forward travel of vehicles both on entering and leaving the premises.

E.

All outdoor play areas shall be provided with approximately seventy-five square feet of area per child, based on maximum capacity. The area shall be enclosed by a masonry wall or ornamental fence at least six feet high. Outdoor play areas shall not occupy a required front or side yard.

(Ord. 544 § 1(part), 2000).

19.31.310 - Reserved. DIVISION 9. - CIRCUSES AND CARNIVALS

19.31.320 - Development standards and conditions. ¶

A.

A circus or carnival is permitted in any nonresidential zone on a temporary basis subject to the issuance of a special use permit.

B.

In addition to such other conditions as may be ordered by the planning commission, the following conditions shall be incorporated into each special use permit for a circus or carnival:

1.

Adequate vehicular and pedestrian access shall be provided.

2.

Adequate off-street parking shall be provided.

3.

All noise, dust, and other objectionable elements shall be abated.

4.

Animals that cause excessive noise, odor, or disturbing elements shall not be permitted on the premises.

5.

The site shall be cleaned and restored within one week of termination of the use.

(Ord. 544 § 1(part), 2000).

19.31.330 - Reserved. ¶

19.31.340 - Intent and purpose. ¶

The purpose of this Division 10 is to ensure that drive-through facilities do not result in adverse impacts on adjacent properties and residents or on surrounding neighborhoods due to customer and employee parking demand, traffic generation, noise, light, litter, or cumulative impact of such demands in one area, consistent with the goals, objectives, and policies of the general plan.

(Ord. 544 § 1(part), 2000).

19.31.350 - Development standards and conditions. ¶

A.

Drive-through facilities may be permitted only with approval of a conditional use permit. The use shall comply with the property development standards of the underlying district, as well as the provisions of this Division 10.

B.

The following standards shall apply:

1.

When located on a site adjacent to or separated by an alley from any residentially zoned property, a drivethrough facility shall not operate between the hours of ten p.m. and seven a.m.

2.

The minimum lot size of any drive-through facility shall be twenty thousand square feet.

3.

Drive-through facilities shall have two-way driveways.

4.

Minimum queuing distances shall be provided as illustrated in Figure 19.31.350-1.

5.

A parking and vehicular circulation plan encompassing adjoining streets and alleys shall be submitted for review and approval by the director of public services prior to approval of a conditional use permit.

6.

A minimum of one outdoor trash receptacle shall be provided on-site adjacent to each driveway exit. At least one additional on-site outdoor trash receptacle shall be provided for every ten required parking spaces.

7.

Employees shall collect on-site and off-site litter including food wrappers, containers, and packaging from restaurant products generated by customers within a radius of three hundred feet of the property at least once per business day.

8.

No noise-generating compressors or other such equipment shall be placed on or near any property line adjoining any residential district or any property used for residential purposes.

==> picture [337 x 305] intentionally omitted <==

9.

Drive-up or drive-through speaker systems shall emit no more than fifty decibels four feet between the vehicle and the speaker and shall not be audible above the daytime ambient noise levels beyond the property boundaries. The system shall be designed to compensate for ambient noise levels in the

immediate area and shall not be located within thirty feet of any residential district or any property used for residential uses.

10.

On any lot where a drive aisle or driveway is located such that vehicle headlights will shine onto an adjacent property zoned for residential use, a screen wall shall be provided to the satisfaction of the community development director.

(Ord. 544 § 1(part), 2000).

19.31.360 - Reserved. ¶

19.31.370 - Preconditions for permit issuance. ¶

Because the term "garment manufacturing" is so broad and may include a variety of disparate uses, and because such uses also require state registration, prior to the issuance of any business license, certificate of occupancy, or permits for garment manufacturing businesses, the person applying for business license or permits shall be required to submit a copy of a current certificate of registration under Section 2675 of the California Labor Code.

(Ord. 544 § 1(part), 2000).

19.31.380 - Plans required. ¶

A.

A floor plan shall be submitted to the department of community development and fire department for review of safety features incorporated into the physical plant. The floor plan shall clearly indicate dimensions of the interior of the building, including the number of windows and doors; the number of sewing machines and cutting tables; the proposed number of employees; and any other equipment related to garment manufacturing.

B.

A site plan shall be submitted to the department of community development for approval. The site plan shall illustrate all on-site parking, loading docks, and egress and ingress of vehicular access to the site.

C.

Every person registered as a garment manufacturer shall display in the front entrance of the building in which his or her business premises is located, his or her name, address, the department of community development approved floor plan and the garment manufacturing registration number.

(Ord. 544 § 1(part), 2000).

19.31.390 - Reserved. ¶

19.31.400 - Development standards and conditions. ¶

A.

Service Station—General. In addition to the findings required for conditional use permit approval in Section 19.39.420 of this Title 19, service stations shall be subject to the following conditions:

1.

All repair or maintenance services shall be enclosed. Only fuel sales shall be permitted outside.

2.

The station shall be screened from view from any residence located within seventy-five feet or less from the station.

3.

No flammable liquid may be stored unless storage complies with the fire code and is approved by the fire department.

All new merchandise shall be stored and displayed inside the service station building, except for lubrication items maintained in movable cabinets or racks.

5.

No used or discarded automobile parts or equipment of permanently disabled, junk, or wrecked vehicles shall be located or stored outside of the service station building.

6.

Trash shall be stored in areas shielded from public view by a masonry wall a minimum of five feet high and with adequate truck access to that area.

7.

No vehicle or appurtenances shall be parked or stored on the premises for the purpose of storage or lease.

8.

Perimeter flood lighting shall be hooded or shielded so that light shall not fall upon public streets, alleys, highways, or private property.

9.

All landscaped areas shall be enclosed within a masonry planter box or curb with a maximum height of six inches.

10.

All public utilities shall be installed underground.

11.

Handicap ramps shall be installed at corners of any street intersection.

12.

Each station shall provide a minimum of two operable, well-maintained bathrooms: one for men and one for women.

13.

The facility shall offer water and air free of charge and continue to accept waste oil from the public.

B.

Multiuse Stations. Service stations developed and used in conjunction with one or more complementary uses, such as a mini-market, fast-food restaurant, car wash, or oil change station, shall be subject to the following additional regulations:

A minimum parcel size of twenty-five thousand square feet shall be required for any combination of two such uses. For each additional use, an additional lot area of five thousand square feet shall be provided.

2.

Any such use shall be located a minimum distance of three hundred feet from any property zoned for residential use.

3.

Parking shall be calculated and provided separately for each individual use pursuant to the provisions of Chapter 19.21 (Off-street Parking and Loading) of this Title 19.

4.

A minimum of two outdoor trash receptacles shall be provided.

5.

No noise-generating compressors or other such equipment shall be located on or near any property line adjoining any residential district or any property used for residential purposes.

C.

Establishments Operating 24 Hours. Any service station or multi-use station operating on a twenty-four-

hour-per-day basis shall provide a secure environment for employees with improvements including, but not limited to, video surveillance cameras, silent alarms, and bullet-proof glass protecting the cashier area.

(Ord. 544 § 1(part), 2000).

19.31.410 - Signage. ¶

Notwithstanding the regulations contained in Chapter 19.25 (Signs) of this Title 19, on-site signs at any gasoline service station and any multiuse station shall be limited to the following:

A.

One freestanding sign, of dimensions thirty-two feet maximum height, one hundred fifty square feet per sign face, and fifteen feet maximum width.

B.

One roof sign, located not more than four feet above the highest roof level, with a maximum of one hundred fifty square feet per sign face.

C.

One sign with changeable copy, of area twelve square feet maximum, and no higher than eight feet above grade.

Restroom signs, premium stamp signs, business, or credit card signs shall be limited in area to one square foot per face. Such signs shall not be attached to a light standard or a freestanding sign.

E.

The business medallion shall have a maximum area of eight square feet, with a maximum letter height of eight inches. Alternatively, a sign for the service station and one advertising slogan on the face of the building is allowed, not to extend above the roof line.

F.

No portable or display signs are allowed.

G.

Signs shall not project over any street or alley.

H.

Banners, flags, balloons, and signs that change color or have attention-attracting characteristics are not allowed and shall not be permitted except within the first thirty days of the station's initial opening.

I.

No flashing or rotating signs or moving signs with speeds of more than eight revolutions per minute are allowed.

J.

Temporary window signs shall be placed within the building and shall cover no more than twenty-five percent of the window area. Visibility into the facility shall not be obscured in any way by sign placement.

(Ord. 544 § 1(part), 2000).

19.31.420 - Reserved. DIVISION 13. - HOME OCCUPATIONS ¶

19.31.430 - Intent and purpose. ¶

The issuance of a home occupation permit recognizes the need of some homeowners to operate small businesses from their homes, and provides a means of ensuring that adverse impacts, due to the mix of residential and commercial or professional uses, are mitigated in order to preserve the character of the residential area.

(Ord. 544 § 1(part), 2000).

19.31.440 - Permit required. ¶

Home occupation permits shall be permitted in accordance with the provisions of Division 12 (Home Occupation Permits) of Chapter 19.39.

(Ord. 544 § 1(part), 2000).

19.31.450 - Development standards and conditions. ¶

Approval of a home occupation permit shall be subject to the conditions contained in Division 12 (Home Occupation Permits) of Chapter 19.39.

(Ord. 544 § 1(part), 2000).

19.31.460 - Reserved. DIVISION 14. - INCINERATORS

19.31.470 - Development standards and conditions. ¶

A.

Trash incinerators are regional facilities that can be a cost-effective and efficient means of disposing garbage. However, they can generate traffic, dust, smoke, and odors that are disturbing to other land uses and residents. Therefore, incinerators are not appropriate in all zone districts or on some parcels within any given zone district.

B.

Solid waste facilities as defined in Public Resources Code 40194, inclusive of incinerators, shall be limited to one facility per twelve thousand residents of the City of Commerce, as shown by the last available U.S. Census. This provision shall have no effect on the continued operation of those facilities in existence and operational as of May 21, 1998, except that those facilities shall be counted in determining whether a new facility may locate in the city.

C.

In order to mitigate the adverse and nuisance side effects of trash incinerators, all existing facilities shall be subject to the following restrictions, in addition to the development standards of the zone in which a facility is located:

1.

No incinerator shall be located within one thousand feet of any residential zone, church, school, or park.

2.

Prior to issuance of a building permit, the owner or operator of the incinerator shall obtain all necessary permits from the South Coast Air Quality Management District, Air Resources Board, Solid Waste Management Board, and the California Department of Health Services. Maintenance of these permits in full force and effect shall be a condition of approval for the incinerator.

3.

An incinerator facility shall obtain a valid conditional use permit prior to the beginning of construction or operation.

4.

Each incinerator shall provide adequate off-street space for trash trucks to await unloading or loading at the incinerator. Determination of the amount of queuing area required shall be based on the operating characteristics of the facility, but will in no case be less than sufficient space for three trucks.

5.

Each incinerator shall be completely surrounded by a view-obscuring fence or masonry wall at least eight feet high.

6.

The minimum lot size for an incinerator facility shall be three acres.

7.

The facility shall be operated and maintained so that it is free from infestations of rodents, insects, and/or other animals that represent a health hazard to surrounding uses.

(Ord. 544 § 1(part), 2000).

19.31.480 - Reserved. ¶

DIVISION 15. - MOBILE HOME OR OFFICE TRAILER IN NONRESIDENTIAL ZONE

19.31.490 - Development standards and conditions. ¶

A.

Mobile homes or office trailers shall be allowed in nonresidential zones with approval of a conditional use permit (CUP).

B.

In addition to the findings required for approval of a CUP in Section 19.39.420 of this Title 19, mobile homes in nonresidential zones shall be subject to the following standards:

1.

Prior to issuance of a CUP for a mobile home in a nonresidential zone, the planning commission shall determine that it is not possible or desirable to locate the proposed use in any existing structure on site and that construction of a conventional structure is not possible or not desirable.

2.

The mobile home shall not be located on any required front yard or side yard adjoining a street.

3.

The proposed use shall be incidental and necessary to the operation of the primary use.

The mobile home shall be adequately anchored and maintained so that it does not create or cause a nuisance or visual blight.

(Ord. 544 § 1(part), 2000).

19.31.500 - Reserved. ¶

19.31.510 - Development standards and conditions. ¶

All hotels and motels shall comply with the following standards:

A.

On-site management shall be available twenty-four hours a day, seven days a week.

B.

Not less than weekly maid and housekeeping service shall be provided for each guest room. "Maid and housekeeping service" means basic cleaning, including but not limited to vacuuming, sweeping and/or mopping, dusting, and changing of bed linens and towels.

C.

No hotel/motel room shall be rented more than once in a twenty-four-hour period.

D.

All hotels/motels shall maintain daily records reflecting the names and permanent addresses of hotel/motel guests, as verified by valid driver's license or other valid identification along with the license number, state of license, make, model, and year of any guest's vehicle parked on-site or the corporate account information and guest names, the dates of occupancy, length of stay, and room rate. This registration information shall be maintained for at least one year past the last day of stay for each guest and shall be made available for review by any duly sworn peace officer of the city, state, or federal government or any authorized official of the city's code enforcement or finance department during normal business hours. Any person who knowingly or intentionally misrepresents any material facts required in this subsection shall be deemed guilty of a misdemeanor.

(Ord. 544 § 1(part), 2000).

19.31.520 - Limitations on stays. ¶

A.

As used herein, the term "long-term occupancy" shall be defined as any stay in a hotel/motel exceeding either thirty consecutive days or sixty days per calendar quarter.

No hotel/motel shall permit any long-term occupancy of any room unless all the following conditions are met, in which case a maximum of fifteen percent of the rooms may be rented for residential tenants subject to approval of a conditional use permit.

1.

In-room telephone service shall be provided for each long-term occupancy guest room.

2.

Each room rented for long-term occupancy shall be a minimum of two hundred seventy-five square feet.

3.

Each room rented for long-term occupancy shall contain a kitchenette (portion of the room containing any combination of facilities of sufficient size for the preparation of meals) or shall have on-site room service available.

(Ord. 544 § 1(part), 2000).

19.31.530 - Time limits for complying with requirements.

A.

Any hotel or motel not in compliance with this Division 16 shall be brought into compliance in accordance with the following schedule:

1.

Within one year, all hotels/motels shall comply with the required standards of Section 19.31.510; and

2.

Within one year, the number of guest rooms rented for long-term occupancy in each hotel/motel shall not exceed thirty percent of the total number of guest rooms in the hotel/motel, and such long-term occupancy guest rooms shall comply fully with Section 19.31.520(B)(1), (B)(2) and (B)(3); and

3.

Within two years, the number of guest rooms rented for long-term occupancy in each hotel/motel shall not exceed twenty percent of the total number of guest rooms in the hotel/motel, and such long-term occupancy guest rooms shall comply fully with Section 19.31.520(B)(1), (B)(2) and (B)(3); and

4.

Within three years, the number of guest rooms rented for long-term occupancy in each hotel/motel shall comply fully with Section 19.31.520.

B.

The provisions of Chapter 19.37 (Nonconforming Uses and Structures) of this Title 19 shall also apply.

(Ord. 544 § 1(part), 2000).

19.31.540 - Reserved. DIVISION 17. - OIL AND GAS PRODUCTION ¶

19.31.550 - Development and performance standards. ¶

In addition to the findings required for approval of a conditional use permit in Section 19.39.420 of this Title 19, gas or oil production facilities shall be subject to the following standards:

A.

The exploration, drilling, development, production, storage, and removal of oil and gas shall comply with the property development standards of the zone in which it is located.

B.

All operations shall comply with the Commerce oil code, fire prevention code, and other applicable ordinances and obtain a valid emissions permit from the South Coast Air Quality Management District (SCAQMD).

C.

No oil or gas well shall be located within eighty feet of the centerline of a major highway, seventy feet of the centerline of a secondary highway, sixty feet of the centerline of any public street, or one hundred feet of any residential structure.

D.

All structures and storage facilities shall comply with the front yard setbacks for the zone in which they are located.

E.

Mitigating measures such as soundproofing and other noise control; limitations on hours of operation, height, location, appearance, and condition; and maintenance of equipment, fencing, and landscaping shall be incorporated into the design of the facility as determined necessary to ensure compatibility with surrounding uses.

(Ord. 544 § 1(part), 2000).

19.31.560 - Reserved. ¶

19.31.570 - Development standards and conditions. ¶

In addition to the findings required for approval of a conditional use permit by Section 19.39.420 of this Title 19, truck terminals shall be subject to the following conditions:

Trucking, transit, or transportation terminals, including facilities for the repair or storage of trucks, shall front on a major or secondary highway as designated on the city master plan of highways.

B.

The site shall have a minimum area two acres.

C.

The site shall not be located within five hundred feet of a residential use.

D.

The site must be fenced and screened from view from all public rights-of-way.

E.

All repair and washing shall occur within a completely enclosed building.

F.

A traffic study shall be completed that demonstrates all adverse traffic impacts can be mitigated.

(Ord. 544 § 1(part), 2000).

19.31.580 - Reserved.

DIVISION 19. - VEHICLE IMPOUND YARDS

19.31.590 - Development and performance standards. ¶

In addition to the findings required for approval of a conditional use permit by Section 19.39.420 of this Title 19, vehicle impound yards shall be subject to the following standards:

A.

The premises shall be maintained in a neat, orderly, and sanitary condition, and structures shall be maintained in good repair.

B.

No burning shall be permitted on-site.

C.

All fire prevention standards shall be met.

D.

The area shall be entirely enclosed with a view-obscuring wall or fence, except for gateways needed for access.

E.

No vehicles or materials shall be piled higher than the fence or wall.

F.

Vehicles parked overnight shall be within an enclosed area.

G.

No sign shall be placed on the sides or rear of the property adjoining a private property. No sign shall be painted or posted on fences or walls.

(Ord. 544 §1(part), 2000).

19.31.600 - Reserved. DIVISION 20. - VEHICLE SALES

19.31.610 - Applicability, intent, and purpose. ¶

The following standards apply to businesses that sell new or used vehicles and boats. Such businesses differ from other retail sales operations in the size of the equipment being offered for sale and thus, the need for storage, display and repair space. In addition, these businesses need adequate street access to permit customers to test-drive the vehicles. The regulations in this Division 20 are set forth in order to minimize the impacts on surrounding uses and ensure that all sales facilities are safe and attractive.

(Ord. 544 §1(part), 2000).

19.31.620 - Development standards and conditions. ¶

In addition to the findings required for approval of a conditional use permit in Section 19.39.420 of this title, all automobile, truck and boat sales shall be subject to the following standards:

A.

The minimum lot size for an automobile, truck or boat sales area shall be twenty-five thousand square feet.

B.

No automobile, truck or boat sales use shall be located within three hundred feet of any residential use. However, where a public street separates such use from a residential zone, the three hundred-foot distance requirement shall not apply.

C.

All service and repair operations shall occur in a completely enclosed building.

D.

The landscaping and setback requirements of the commercial zone shall apply to all vehicles sales facilities, regardless of the zone in which the business is located.

E.

Only vehicles that are offered for sale may be stored outdoors.

F.

All outdoor vehicles on display shall be washed at least once per week. Permits for such activity shall be obtained pursuant to applicable requirements of Division 5 (Car Washes) of this Chapter 19.31.

(Ord. 544 §1(part), 2000).

19.31.630 - Reserved. ¶

19.31.640 - Development standards and conditions. ¶

A.

The establishment of any new warehouse facility may require the issuance of a conditional use permit pursuant to the provision of Division 7, Chapter 19.39 of this title. Sections 19.11.020 and 19.11.030, and specifically Table 19.11.030A, indicate when a conditional use permit is required.

B.

All warehouse facilities shall be subject to the following standards:

1.

Adequate queuing space shall be provided on-site to prevent vehicles from using adjacent streets for maneuvering. Use of public streets or alleys for queuing or maneuvering shall be prohibited.

2.

All parking and storage areas for trailers must be provided on-site and must not encroach into any area providing required parking pursuant to Chapter 19.21 (Off-street Parking and Loading) of this title.

3.

The exposure of any adjacent residential use to noise, light, exhaust emissions and other similar nuisances shall be minimized through building orientation and facility design.

4.

Loading areas shall be provided and oriented pursuant to the requirements of Section 19.21.130 (Loading Requirements) of this title.

5.

Office operations for any warehouse facility shall be limited to fifteen percent of the gross building floor area. Required parking facilities shall be calculated separately for any office use.

6.

Off-site improvements shall be provided as required by the director of public services to ensure safe and adequate access and to minimize impact on public infrastructure.

7.

Security fencing shall be decorative in nature and compatible with building architecture.

(Ord. 544 §1(part), 2000).

19.31.650 - Development standards and conditions for mini-warehouse or self-storage facilities.

A.

The establishment of any new mini-warehousing, self-storage or public warehousing will require the issuance of a conditional use permit pursuant to Division 7, Chapter 19.39 of Title 19, Sections 19.11.120 and 19.11.130, and specifically Table 11-1, indicates when a conditional use permit is required.

B.

All mini-warehousing, self-storage or public warehousing facilities shall be subject of the following standards:

1.

Existing Applicable Ordinances and Laws. Mini-storage facilities must comply with applicable city ordinances that apply to commercial development within Commerce and requirements specified for uses within the M-2 zone. Mini-storage facilities must comply with all other applicable city ordinances and state and federal laws including building, life, fire and other safety codes, environmental regulations, sign ordinances and citywide development standards. The development standards provided in this section apply in addition to other applicable ordinances and laws and nothing in this section shall be interpreted as allowing exceptions to any of the aforementioned laws.

2. Building Design and Materials.

iv.

Primary building entrances shall be clearly identifiable. They may be recessed or framed by a sheltering element such as an awning, arcade or portico in order to provide shelter.

d.

Screening.

iii.

Hazardous or extremely hazardous waste.

(Ord. 575 §3, 2003).

DIVISION 22. - EMERGENCY RESIDENTIAL SHELTERS AND TRANSITIONAL HOUSING

19.31.660 - Purpose. ¶

This division sets forth a uniform set of standards for emergency shelters to provide temporary housing for the homeless pursuant to California Government Code Section.

(Ord. No. 656, § 8 (Exh. E), 11-19-2013)

19.31.670 - Emergency shelter standards and regulations.

Emergency shelters for homeless persons shall be subject to and comply with the following standards and regulations.

A.

A single emergency shelter for thirty occupants, or a combination of multiple shelters with a combined capacity not to exceed thirty occupants, shall be allowed as a permitted use, consistent with Section 65583(4)(A) of the Government Code. All emergency shelters, regardless of the number of occupants, shall meet all applicable development standards to the zoning districts in which they are permitted by right and minimum standards contained herein below. Any emergency shelter with a capacity greater than thirty occupants shall also be subject to the approval of a conditional use permit, as set forth in Chapter 19.39.

B.

such funds shall be available for use upon first occupancy of the proposed project and shall reasonably be expected to be available for the life of the project.

2.

A minimum of one staff member per fifteen beds shall be awake and on duty when the facility is open. Facility staff shall be trained in operating procedures, safety plans, and assisting clients. The facility shall not employ staff who has been convicted of a felony or who are required to register as a sex registrant under Penal Code 290.

3.

Service providers shall maintain up-to-date information and referral sheets to give clients and other persons who, for any reason, cannot be served by the establishment.

4.

Service providers shall provide criteria to screen clients for admittance eligibility, with the objective to provide first service to individuals with connections to Commerce.

5.

Service providers will maintain information on individuals utilizing the facility and will ensure that the maximum stay at the facility shall not exceed one hundred twenty days in a three hundred sixty-five-day period.

6.

Service providers shall continuously monitor waiting areas to inform prospective clients whether they can be served within a reasonable time. If they cannot be served by the provider because of time or resource constraints, the monitor shall inform the client of alternative programs and locations where he or she may seek similar service.

7.

Service providers will educate on-site staff to provide adequate knowledge and skills to assist clients in obtaining permanent shelter and income, including referrals to outside assistance agencies. An annual report on this activity will be provided to the city.

8.

Service providers shall provide for the timely removal of litter attributable to clients within the vicinity of the facility every twenty-four-hour period.

9.

Service providers will maintain good communication and have procedures in place to respond to operational issues which may arise from the neighborhood, city staff, or the general public.

Service providers shall establish standards for responding to emergencies and incidents expelling clients from the facility. Re-admittance policies for clients who have previously been expelled from the facility shall also be established.

11.

Alcohol and illegal drug use is prohibited on-site. Service providers shall expel clients from the facility if found to be using alcohol or illegal drugs.

12.

The establishment shall implement other conditions and/or measures as determined by the city, in consultation with other city/county agencies necessary to ensure that management and/or clients of the establishment maintain the quiet, safety and cleanliness of the premises and the vicinity of the use.

13.

Other requirements as deemed necessary by the city to ensure that the facility does not create an adverse impact to surrounding properties.

14.

On a monthly basis, provide an updated list of emergency shelter residents to the sheriff's department.

15.

All graffiti on the premises shall be removed by the business operator within twenty-four hours.

16.

Installation of anti-loitering signs.

17.

If there is conflict between code requirements, the most restrictive one shall apply.

N.

The facility shall comply with all other laws, rules, and regulations that apply including, but not limited to, Building and Fire Codes. The facility shall be subject to city inspections prior to the commencement of operation. In addition, the city may inspect the facility at any time for compliance with the facility's management plan and other applicable laws and standards.

O.

Emergency shelter operator shall obtain a city business license.

(Ord. No. 656, § 8 (Exh. E), 11-19-2013)

19.31.680 - Single resident occupancy (SRO) units, standards and regulations.

Transitional housing, including efficiency residential units, also known as single resident occupancy ("SRO"), shall be subject to and comply with the following standards and regulations.

A.

Tenancy of SRO (efficiency) units shall not be less than thirty days and maximum period of twelve months.

B.

Each facility shall comply with all applicable development standards for the applicable zoning district and minimum standards contained herein below.

C.

Units shall have a minimum size of one hundred fifty square feet and a maximum of four hundred square feet.

D.

Each unit shall accommodate a maximum of two persons.

E.

Exterior lighting shall be provided for the entire outdoor and parking area of the property per the lighting standards of Section 19.19.130 of this code.

F.

Laundry facilities must be provided in a separate enclosed room at the ratio of one washer and one dryer for every twenty units of fractional number thereof, with at least one washer and dryer per floor, which shall be enclosed.

G.

A cleaning supply room or utility closet with a wash tub with hot and cold running water shall be provided on each floor of the SRO (efficiency) unit facility.

H.

Each unit shall be required to provide a separate bathroom containing a water closet, lavatory and bathtub or shower.

I.

Each unit shall be provided with a kitchen sink, functioning cooking appliance and a refrigerator, each having a clear working space of not less than thirty inches in front.

J.

Each unit shall have a separate closet.

K.

Units shall comply with all requirements of the California Building Code and all other codes. All units shall comply with all applicable accessibility and adaptability requirements. All common areas shall be fully accessible.

L.

An SRO (efficiency) unit project shall not be located within five hundred feet of any other SRO (efficiency) unit project, emergency shelter, or other similar program, unless such program is located within the same building or on the same lot.

M.

An SRO (efficiency) unit project with ten or more units shall provide on-site management. A project with less than ten units may provide a management office on-site. The city administrator or their designee may reduce this standard as necessary.

N.

Off-street parking shall be provided for an SRO facility at a rate of one uncovered parking space per unit plus an additional space for the on-site manager and each employee.

O.

Each efficiency unit shall be provided at least one lockable bicycle parking space in a location that is adjacent to that SRO (efficiency) unit.

P.

Applications for SRO (efficiency) units projects shall be processed in a manner consistent with procedures for a multiple-family residential project per Chapter 19.39, Division 2 of this code.

(Ord. No. 656, § 8 (Exh. E), 11-19-2013)

19.31.690 - Notification. ¶

In addition to the notification required by the Commerce Municipal Code, representatives of the sheriff's department shall be apprised of the proposed project in a timely fashion so that the department may respond to any concerns they may have regarding the proposed project.

(Ord. No. 656, § 8 (Exh. E), 11-19-2013)

19.31.700 - Reserved. ¶

DIVISION 23. - ART IN PUBLIC PLACES PROGRAM

19.31.710 - Purpose and intent. ¶

This chapter may be known and cited as the "City of Commerce Art in Public Places Program." The intent of the art in public places program is to provide a collection of nationally recognized, permanent outdoor

artwork throughout the city, to be of public benefit. The program is designed to present the community with a variety of artistic styles and themes, all of the highest possible quality.

(Ord. No. 679, § 2, 9-20-2016)

19.31.720 - Definitions.

As used in this chapter:

"Applicant" means the owner of the property or tenant utilizing the property and seeking the required permits.

"Art in public places fund" means the account funded by money collected from applicants in accordance with the in-lieu contribution provisions of this chapter, which will be used to fund artwork within the City of Commerce.

"Artwork" means original creations of art including, but not limited to, the following categories: sculpture, murals, mosaic and fountains. These categories may be realized through such mediums as steel, bronze, stained glass, concrete, wood, ceramic tile and stone, as well as other suitable materials.

"Project" means any new residential, commercial, or industrial project for development of new buildings, or any expansion, remodeling, or tenant improvements to existing buildings.

"Project cost" means the total value of a project, excluding the land value, as determined by the building official, and indicated on the building permits issued by the city for that project.

"Project site" means the physical site on which the project is located.

"Public place" means any exterior area on public or private property, which is accessible and visible to the general public.

"Theme" means the subjects that have been approved by the city.

All public work and governmental agency projects;

(2)

(3)

Reconstruction of structures, which have been damaged by fire, flood, wind, earthquake or other calamity.

(4)

Religious, hospital, scientific or charitable organizations, if the project is constructed on property exempt from taxation pursuant to California Revenue and Taxation Code Section 214.

(Ord. No. 679, § 2, 9-20-2016)

19.31.750 - Processing. ¶

The requirements and procedures for the processing of an art in public places application shall be as follows:

(1)

Prior to or at the time of submission of plans for plan check for a project subject to the requirements of this chapter, the applicant shall submit to the public works and development services department a completed art in public places application indicating whether the applicant has elected to acquire and install artwork or make an in-lieu contribution to the art in public places fund.

(2)

When the applicant has elected to make an in-lieu contribution to the art in public places fund, building permits shall not be issued until such contribution has been paid.

(3)

The public works and development services department shall submit to the city council an application to acquire and install artwork.

(4)

The city council shall evaluate and provide comments and/or make a recommendation on each proposed artwork within 30 days from the date of receipt of the application to acquire and install artwork.

(5)

When the applicant has elected to acquire and install artwork, no building permit shall be issued until the city council has approved the art in public places application. A certificate of occupancy shall not be issued for the project until the approved artwork has been installed or an amount equal to the in-lieu contribution the applicant would otherwise have been obligated to pay is deposited with the city to secure proper installation of the artwork. The deposit will be forfeited to the city and placed in the art in public places fund if the artwork is not installed within the ninety-day period or by the expiration of any extension to install the artwork the city council shall grant. The city shall use such forfeited funds for other public artworks complying with Section 19.31.710 (art in public places program).

(Ord. No. 679, § 2, 9-20-2016)

19.31.760 - Art in public places review committee. ¶

Planning staff shall review any proposed art installation for public safety, weather resistance, theme balance within the overall program, verification of value, anticipated public response, proper lighting, public accessibility, installation methods, proportion, composition, the artist's previous experience on monumental scale sculpture, and the artist's art training and exhibition record. Any recommendation by staff will then be forwarded to the city council for their consideration.

(Ord. No. 679, § 2, 9-20-2016)

19.31.770 - Guidelines for artworks. ¶

Guidelines for the approval and maintenance of artworks shall include, but are not limited to, the following criteria:

(1)

The artwork shall be displayed in an area that is open and freely accessible to the public for at least ten hours each day or displayed in a manner which otherwise provides public accessibility in an equivalent manner based on the characteristics of the artwork or its placement on the project site.

(2)

The art in public places application shall include a site plan showing the location of the artwork, complete with landscaping, lighting and other appropriate accessories to complement and protect the artwork.

(3)

The composition of the artwork shall be of a permanent type of material in order to be durable against vandalism, theft and weather, and in order to require a low level of maintenance.

(4)

The artwork shall be related in terms of scale, material, form and content to immediate and adjacent buildings and landscaping so that it complements the project site and surrounding environment.

(5)

The artwork shall be designed and constructed by persons experienced in the production of such artwork and recognized by critics and by his or her peers as one who produces works of art.

(6)

The artwork shall be permanently affixed to the project.

(7)

The artwork shall be maintained by the property owner in a safe, neat and orderly manner acceptable to the city. Any repair and maintenance shall be the responsibility of the applicant and completed in accordance with a maintenance plan approved by the city.

(8)

The artwork installed on a project site shall remain at the project site and shall be replaced in the event of theft or repaired in the event of damage. Artwork shall be insured for the full replacement value. Art may not be removed without prior approval from the city council. If removal is granted, an in-lieu contribution equal to the value of the artwork shall be made to the city's art in public places fund.

(9)

Prior to the issuance of building permits the property owner shall execute and record with the Los Angeles County Recorder, covenants, conditions and restrictions in form and content approved by the city

administrator and the city attorney providing, among other things, that the property owner and its successor and assigns shall: (1) maintain the artwork as required by Section 19.31.770(G); (2) indemnify, defend and hold the city and related parties harmless from any and all claims or liabilities arising out of the artwork; and (3) maintain in the city clerk's office a certificate of public liability insurance naming the city as an additional insured including such coverage and liability limits as may be specified by the city administrator.

(10)

The following items are not to be considered as artwork:

a.

Art objects that are mass produced from a standard design. However, limited productions may be considered with specific restrictions;

b.

Reproductions of original artworks;

c.

Decorative, ornamental or functional elements that are designed by the building architect as opposed to an artist commissioned for the purpose of creating the artwork;

d.

Landscape architecture and landscape gardening except where these elements are designed or approved by the artist and are an integral part of the artwork by the artist;

e.

Any work that promotes a business or service;

f.

Services or utilities necessary to operate or maintain the artwork.

(Ord. No. 679, § 2, 9-20-2016)

19.31.780 - Art in public places fund. ¶

(a)

Accounting. Any money collected in accordance with the in-lieu contribution provisions of this chapter shall be deposited in a separate account denominated as the "art in public places fund." The city administrator or his/her designee shall establish accounting records sufficient to identify and control these funds. The account containing these funds shall earn interest and the earned interest shall be used for and be subject to the same restrictions established in subsection (b) of this section.

(b)

Use of Fund. The art in public places fund shall be used to provide sites for, and works of art in, public places in order to further the intent and purpose of this chapter as set forth in Section 19.31.710.

(c)

Permissible Expenditures. Expenditures of funds shall be limited to the following uses:

(1)

The cost of artwork and its installation;

(2)

Waterworks, landscaping, lighting and other objects which are an integral part of the artwork;

(3)

Frames, mats, pedestals, and other objects necessary for the proper presentation of the artwork;

(4)

Walls, pools, landscaping or other architectural or landscape architectural elements necessary for the proper aesthetic and structural placement of the artwork;

(5)

Maintenance and repair of artworks funded through the art in public places fund.

(d)

Administration.

(1)

The art in public places fund shall be administered by the city council.

(2)

The public works and development services department shall make recommendations to the city council concerning the purchase or commissioning of artworks, including:

a.

Places which should be considered for artworks;

b.

The medium of the proposed artwork; and

c.

The artist whose work should be considered for placement in the recommended location.

(3)

Selection of artists and artworks shall be based on the guidelines set forth in Section 19.31.700.

(4)

The city will contract with the artist and with consultants as necessary for the purchase or commissioning as well as the execution and installation of the artwork.

(5)

On-site activity in connection with the artwork installation shall be coordinated by the city administrator.

(6)

Maintenance and repair of artworks funded through the art in public places fund shall be financed from that account.

(7)

So far as is practical, in the event repair of the artwork is required, the city shall first give the artist the opportunity to do that work for a reasonable fee. In the event the artist is unable or refuses to make the repair for such a fee, the city may proceed to contract for such repair with another qualified artist.

(e)

Endowments. The art in public places fund shall also be used as a depository for endowments, bequests, grants or donations. Such sums may be expended as set forth in subsection (c) of this section above as approved by the city council.

(Ord. No. 679, § 2, 9-20-2016)

CHAPTER 19.33 - LOW IMPACT DEVELOPMENT

19.33.010 - Definitions. ¶

Except as specifically provided herein, any term used in Section 19.33.010 shall be defined as that term in the current municipal NPDES permit, or if it is not specifically defined in either the municipal NPDES permit, then as such term is defined in the Federal Clean Water Act, as amended, and/or the regulations promulgated thereunder. If the definition of any term contained in this chapter conflicts with the definition of the same term in the current municipal NPDES permit, then the definition contained in the municipal NPDES permit shall govern. The following words and phrases shall have the following meanings when used in this chapter:

A.

"Approving agency" means the City of Commerce City Administrator or designee.

"Automotive service facility" means a facility that is categorized in any one of the following Standard Industrial Classification (SIC) and North American Industry Classification System (NAICS) codes. For inspection purposes, permittees need not inspect facilities with SIC Codes 5013, 5014, 5541, 5511, provided that these facilities have no outside activities or materials that may be exposed to stormwater (Source: Order No. R4-2012-0175).

C.

"Basin plan" means the Water Quality Control Plan, Los Angeles Region, Basin Plan for the Coastal Watersheds of Los Angeles and Ventura Counties, adopted by the Regional Water Board on June 13, 1994 and subsequent amendments (Source: Order No. R4-2012-0175).

D.

"Best management practice (BMP)" means practices or physical devices or systems designed to prevent or reduce pollutant loading from stormwater or non-stormwater discharges to receiving waters, or designed to reduce the volume of stormwater or non-stormwater discharged to the receiving water (Source: Order No. R4-2012-0175).

E.

"Biofiltration" means a LID BMP that reduces stormwater pollutant discharges by intercepting rainfall on vegetative canopy, and through incidental infiltration and/or evapotranspiration, and filtration. Incidental infiltration is an important factor in achieving the required pollutant load reduction. Therefore, the term "biofiltration" as used in this chapter is defined to include only systems designed to facilitate incidental infiltration or achieve the equivalent pollutant reduction as biofiltration BMPs with an underdrain (subject to approval by the regional board's executive officer). Biofiltration BMPs include bioretention systems with an underdrain and bioswales (Modified from: Order No. R4-2012-0175).

F.

"Bioretention" means a LID BMP that reduces stormwater runoff by intercepting rainfall on vegetative canopy, and through evapotranspiration and infiltration. The bioretention system typically includes a minimum two-foot top layer of a specified soil and compost mixture underlain by a gravel-filled temporary storage pit dug into the in-situ soil. As defined in the municipal NPDES permit, a bioretention BMP may be designed with an overflow drain, but may not include an underdrain. When a bioretention BMP is designed or constructed with an underdrain it is regulated by the municipal NPDES permit as biofiltration (Modified from: Order No. R4-2012-0175).

G.

"Bioswale" means a LID BMP consisting of a shallow channel lined with grass or other dense, low-growing vegetation. Bioswales are designed to collect stormwater runoff and to achieve a uniform sheet flow through the dense vegetation for a period of several minutes (Source: Order No. R4-2012-0175).

H.

"City" means the City of Commerce.

I.

"Clean Water Act (CWA)" means the Federal Water Pollution Control Act enacted in 1972, by Public Law 92-500, and amended by the Water Quality Act of 1987. The Clean Water Act prohibits the discharge of pollutants to waters of the United States unless the discharge is in accordance with an NPDES permit.

J.

"Commercial malls" means any development on private land comprised of one or more buildings forming a complex of stores which sells various merchandise, with interconnecting walkways enabling visitors to easily walk from store to store, along with parking area(s). A commercial mall includes, but is not limited to: mini-malls, strip malls, other retail complexes, and enclosed shopping malls or shopping centers (Source: Order No. R4-2012-0175).

K.

"Construction activity" means any construction or demolition activity, clearing, grading, grubbing, or excavation or any other activity that result in land disturbance. Construction does not include emergency construction activities required to immediately protect public health and safety or routine maintenance activities required to maintain the integrity of structures by performing minor repair and restoration work, maintain the original line and grade, hydraulic capacity, or original purposes of the facility. See "routine maintenance" definition for further explanation. Where clearing, grading or excavating of underlying soil takes place during a repaving operation, State General Construction Permit coverage by the State of California General Permit for Storm Water Discharges Associated with Industrial Activities or for Stormwater Discharges Associated with Construction Activities is required if more than one acre is disturbed or the activities are part of a larger plan (Source: Order No. R4-2012-0175).

L.

"Control" means to minimize, reduce or eliminate by technological, legal, contractual, or other means, the discharge of pollutants from an activity or activities (Source: Order No. R4-2012-0175).

M.

"Development" means construction, rehabilitation, redevelopment or reconstruction of any public or private residential project (whether single-family, multi-unit or planned unit development); industrial, commercial, retail, and other nonresidential projects, including public agency projects; or mass grading for future construction. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of facility, nor does it include emergency construction activities required to immediately protect public health and safety (Source: Order No. R4-2012-0175).

N.

"Directly adjacent" means situated within two hundred feet of the contiguous zone required for the continued maintenance, function, and structural stability of the environmentally sensitive area (Source: Order No. R4-2012-0175).

"Discharge" means any release, spill, leak, pump, flow, escape, dumping, or disposal of any liquid, semisolid, or solid substance.

P.

"Disturbed area" means an area that is altered as a result of clearing, grading, and/or excavation (Source: Order No. R4-2012-0175).

Q.

"Flow-through BMPs" means modular, vault type "high flow biotreatment" devices contained within an impervious vault with an underdrain or designed with an impervious liner and an underdrain (Modified from: Order No. R4-2012-0175).

R.

"General construction activities storm water permit" (GCASP) means the general NPDES permit adopted by the state board which authorizes the discharge of stormwater from construction activities under certain conditions.

S.

"General industrial activities storm water permit (GIASP)" means the general NPDES permit adopted by the state board which authorizes the discharge of stormwater from certain industrial activities under certain conditions.

T.

"Green roof" means a LID BMP using planter boxes and vegetation to intercept rainfall on the roof surface. Rainfall is intercepted by vegetation leaves and through evapotranspiration. Green roofs may be designed as either a bioretention BMP or as a biofiltration BMP. To receive credit as a bioretention BMP, the green roof system planting medium shall be of sufficient depth to provide capacity within the pore space volume to contain the design storm depth and may not be designed or constructed with an underdrain (Source: Order No. R4-2012-0175).

U.

"Hazardous material(s)" means any material(s) defined as hazardous by Division 20, Chapter 6.95 of the California Health and Safety Code.

V.

"Hillside" means a property located in an area with known erosive soil conditions, where the development contemplates grading on any natural slope that is twenty-five percent or greater and where grading contemplates cut or fill slopes (Source: Order No. R4-2012-0175).

W.

"Hydromodification" means the alteration of the hydrologic characteristics of coastal and non-coastal waters, which in turn could cause degradation of water resources. Hydromodification can cause excessive

erosion and/or sedimentation rates, causing excessive turbidity, channel aggradation and/or degradation (Source: GCASP).

X.

"Impervious surface" means any manmade or modified surface that prevents or significantly reduces the entry of water into the underlying soil, resulting in runoff from the surface in greater quantities and/or at an increased rate, when compared to natural conditions prior to development. Examples of places that commonly exhibit impervious surfaces include parking lots, driveways, roadways, storage areas, and rooftops. The imperviousness of these areas commonly results from paving, compacted gravel, compacted earth, and oiled earth.

Y.

"Industrial park" means land development that is set aside for industrial development. Industrial parks are usually located close to transport facilities, especially where more than one transport modalities coincide: highways, railroads, airports, and navigable rivers. It includes office parks, which have offices and light industry (Source: Order No. R4-2012-0175).

Z.

"Infiltration BMP" means a LID BMP that reduces stormwater runoff by capturing and infiltrating the runoff into in-situ soils or amended onsite soils. Examples of infiltration BMPs include infiltration basins, dry wells, and pervious pavement (Source: Order No. R4-2012-0175).

AA.

"LID" means low impact development. LID consists of building and landscape features designed to retain or filter stormwater runoff (Source: Order No. R4-2012-0175).

BB.

"MS4" means municipal separate storm sewer system. The MS4 is a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains):

1.

Owned or operated by a state, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under Section 208 of the CWA that discharges to waters of the United States;

2.

Designed or used for collecting or conveying stormwater;

Which is not a combined sewer; and

4.

Which is not part of a publicly owned treatment works (POTW) as defined at 40 CFR § 122.2.

(40 CFR § 122.26(b)(8)) (Source: Order No. R4-2012-0175)

CC.

"National Pollutant Discharge Elimination System (NPDES)" means the national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under CWA Sections 307, 402, 318, and 405. The term includes an "approved program" (Source: Order No. R4-2012-0175).

DD.

"Natural drainage system" means a drainage system that has not been improved (e.g., channelized or armored). The clearing or dredging of a natural drainage system does not cause the system to be classified as an improved drainage system (Source: Order No. R4-2012-0175).

EE.

"New development" means land disturbing activities; structural development, including construction or installation of a building or structure, creation of impervious surfaces; and land subdivision (Source: Order No. R4-2012-0175).

FF.

"Non-stormwater discharge" means any discharge to a municipal storm drain system that is not composed entirely of stormwater (Source: Order No. R4-2012-0175).

GG.

"Parking lot" means land area or facility for the parking or storage of motor vehicles used for businesses, commerce, industry, or personal use, with a lot size of five thousand square feet or more of surface area, or with twenty-five or more parking spaces (Source: Order No. R4-2012-0175).

HH.

"Person" means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, state, governmental entity or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine and the singular shall include the plural where indicated by the context.

II.

"Planning priority projects" means development projects subject to permittee conditioning and approval for the design and implementation of post-construction controls to mitigate stormwater pollution, prior to completion of the project(s) (Modified from: Order No. R4-2012-0175).

JJ.

"Pollutant" means any "pollutant" defined in Section 502(6) of the Federal Clean Water Act or incorporated into the California Water Code Sec. 13373. Pollutants may include, but are not limited to the following:

1.

Commercial and industrial waste (such as fuels, solvents, detergents, plastic pellets, hazardous substances, fertilizers, pesticides, slag, ash, and sludge).

2.

Metals (such as cadmium, lead, zinc, copper, silver, nickel, chromium, and non-metals such as phosphorus and arsenic).

3.

Petroleum hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents, coolants, and grease).

4.

Excessive eroded soil, sediment, and particulate materials in amounts that may adversely affect the beneficial use of the receiving waters, flora, or fauna of the state.

5.

Animal wastes (such as discharge from confinement facilities, kennels, pens, recreational facilities, stables, and show facilities).

6.

Substances having characteristics such as pH less than six or greater than nine, or unusual coloration or turbidity, or excessive levels of fecal coliform, or fecal streptococcus, or enterococcus.

KK.

"Project" means all development, redevelopment, and land-disturbing activities. The term is not limited to "project" as defined under CEQA (Pub. Resources Code § 21065) (Source: Order No. R4-2012-0175).

LL.

"Rainfall harvest and use" means a LID BMP system designed to capture runoff, typically from a roof but can also include runoff capture from elsewhere within the site, and to provide for temporary storage until the harvested water can be used for irrigation or non-potable uses. The harvested water may also be used for potable water uses if the system includes disinfection treatment and is approved for such use by the local building department (Source: Order No. R4-2012-0175).

MM.

"Receiving water" means "water of the United States" into which waste and/or pollutants are or may be discharged (Source: Order No. R4-2012-0175).

NN.

"Redevelopment" means land-disturbing activity that results in the creation, addition, or replacement of five thousand square feet or more of impervious surface area on an already developed site. Redevelopment includes, but is not limited to: the expansion of a building footprint; addition or replacement of a structure; replacement of impervious surface area that is not part of routine maintenance activity; and land-disturbing activity related to structural or impervious surfaces. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of facility, nor does it include emergency construction activities required to immediately protect public health and safety (Source: Order No. R42012-0175).

OO.

"Regional board" means the California Regional Water Quality Control Board, Los Angeles Region.

PP.

"Restaurant" means a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption (SIC Code 5812) (Source: Order No. R4-2012-0175).

QQ.

"Retail gasoline outlet" means any facility engaged in selling gasoline and lubricating oils (Source: Order No. R4-2012-0175).

RR.

"Routine maintenance." Routine maintenance projects include, but are not limited to projects conducted to:

1.

Maintain the original line and grade, hydraulic capacity, or original purpose of the facility.

2.

Perform as needed restoration work to preserve the original design grade, integrity and hydraulic capacity of flood control facilities.

3.

Includes road shoulder work, regarding dirt or gravel roadways and shoulders and performing ditch cleanouts.

Update existing lines[[3]] and facilities to comply with applicable codes, standards, and regulations regardless if such projects result in increased capacity.

5.

Repair leaks.

Routine maintenance does not include construction of new lines[[4]] or facilities resulting from compliance with applicable codes, standards and regulations.

SS.

"Significant ecological areas (SEAs)" means an area that is determined to possess an example of biotic resources that cumulatively represent biological diversity, for the purposes of protecting biotic diversity, as part of the Los Angeles County General Plan. Areas are designated as SEAs, if they possess one or more of the following criteria:

1.

The habitat of rare, endangered, and threatened plant and animal species.

2.

Biotic communities, vegetative associations, and habitat of plant and animal species that are either one of a kind, or are restricted in distribution on a regional basis.

3.

Biotic communities, vegetative associations, and habitat of plant and animal species that are either one of a kind or are restricted in distribution in Los Angeles County.

4.

Habitat that at some point in the life cycle of a species or group of species, serves as a concentrated breeding, feeding, resting, migrating grounds and is limited in availability either regionally or within Los Angeles County.

5.

Biotic resources that are of scientific interest because they are either an extreme in physical/geographical limitations, or represent an unusual variation in a population or community.

6.

Areas important as game species habitat or as fisheries.

7.

Areas that would provide for the preservation of relatively undisturbed examples of natural biotic communities in Los Angeles County.

Special areas (Source: Order No. R4-2012-0175).

TT.

"Site" means land or water area where any "facility or activity" is physically located or conducted, including adjacent land used in connection with the facility or activity (Source: Order No. R4-2012-0175).

UU.

"Storm drain system" means any facilities or any part of those facilities, including streets, gutters, conduits, natural or artificial drains, channels, and watercourses that are used for the purpose of collecting, storing, transporting or disposing of stormwater and are located within the City of Commerce.

VV.

"Storm water or stormwater" means water that originates from atmospheric moisture (rain or snow) and that falls onto land, water, or other surfaces. Without any change in its meaning, this term may be spelled or written as one word or two separate words.

WW.

"Stormwater runoff" means that part of precipitation (rainfall or snowmelt) which travels across a surface to the storm drain system or receiving waters.

XX.

"SUSMP" means the Los Angeles Countywide Standard Urban Stormwater Mitigation Plan. The SUSMP was required as part of the previous Municipal NPDES Permit (Order No. 01-182, NPDES No. CAS004001) and required plans that designate best management practices (BMPs) that must be used in specified categories of development projects.

YY.

"Urban runoff" means surface water flow produced by storm and non-storm events. Non-storm events include flow from residential, commercial, or industrial activities involving the use of potable and nonpotable water.

(Ord. No. 651, § 2, 6-18-2013)

Footnotes:

--- ( 3 ) ---

*Update existing lines includes replacing existing lines with new materials or pipes.

--- ( 4 ) ---

*New lines are those that are not associated with existing facilities and are not part of a project to update or replace existing lines (Source: Order No. R4-2012-0175).

19.33.020 - Stormwater pollution control measure for development planning and construction activities.

A.

Objective. The provisions of this section contain requirements for construction activities and facility operations of Development and Redevelopment projects to comply with the current "municipal NPDES permit," lessen the water quality impacts of development by using smart growth practices, and integrate LID design principles to mimic predevelopment hydrology through infiltration, evapotranspiration and rainfall harvest and use. LID shall be inclusive of previously adopted SUSMP requirements.

B.

Scope. This section contains requirements for stormwater pollution control measures in development and redevelopment projects and authorizes the city to further define and adopt stormwater pollution control measures, to develop LID principles and requirements, including but not limited to the objectives and specifications for integration of LID strategies, and to grant waivers or alternate compliance as allowed by the municipal NPDES permit and collect fees from projects granted exceptions. Except as otherwise provided herein, the city shall administer, implement and enforce the provisions of this section. Guidance documents supporting implementation of requirements in this chapter are hereby incorporated by reference, including SUSMP and LID Guidelines.

C.

Applicability. The following development and redevelopment projects, termed "planning priority projects," shall comply with the requirements of this chapter, as follows:

1.

All development projects equal to one acre or greater of disturbed area that adds more than ten thousand square feet of impervious surface area.

2.

Industrial parks ten thousand square feet or more of surface area.

3.

Commercial malls ten thousand square feet or more of surface area.

4.

Retail gasoline outlets with five thousand square feet or more of surface area.

5.

Restaurants (Standard Industrial Classification (SIC) of 5812) with five thousand square feet or more of surface area.

6.

Parking lots with five thousand square feet or more of impervious surface area, or with twenty-five or more parking spaces.

7.

Streets and roads construction of ten thousand square feet or more of impervious surface area.

8.

Automotive service facilities (Standard Industrial Classification (SIC) of 5013, 5014, 5511, 5541, 7532-7534 and 7536-7539) five thousand square feet or more of surface area.

9.

Projects located in or directly adjacent to, or discharging directly to an Environmentally Sensitive Area (ESA), where the development will:

a.

Discharge stormwater runoff that is likely to impact a sensitive biological species or habitat; and

b.

Create two thousand five hundred square feet or more of impervious surface area.

10.

Single-family hillside homes.

11.

Redevelopment projects.

a.

Land disturbing activity that results in the creation or addition or replacement of five thousand square feet or more of impervious surface area on an already developed site on planning priority project categories.

b.

Where redevelopment results in an alteration to more than fifty percent of impervious surfaces of a previously existing development, and the existing development was not subject to post-construction stormwater quality control requirements, the entire project must be mitigated.

Where redevelopment results in an alteration of less than fifty percent of impervious surfaces of a previously existing development, and the existing development was not subject to post-construction stormwater quality control requirements, only the alteration must be mitigated, and not the entire development.

d.

Redevelopment does not include routine maintenance activities that are conducted to maintain original line and grade, hydraulic capacity, original purpose of facility or emergency redevelopment activity required to protect public health and safety. Impervious surface replacement, such as the reconstruction of parking lots and roadways which does not disturb additional area and maintains the original grade and alignment, is considered a routine maintenance activity. Redevelopment does not include the repaving of existing roads to maintain original line and grade.

e.

Existing single-family dwelling and accessory structures are exempt from the redevelopment requirements unless such projects create, add, or replace ten thousand square feet of impervious surface area.

12.

Any other project as deemed appropriate by the director.

D.

Effective Date. The planning and land development requirements contained in this chapter shall become effective thirty days from the adoption of the chapter. This includes planning priority projects that are discretionary permit projects or project phases that have not been deemed complete for processing, or discretionary permit projects without vesting tentative maps that have not requested and received an extension of previously granted approvals within ninety days of adoption of the chapter. Projects that have been deemed complete within ninety days of adoption of the chapter are not subject to the requirements of this chapter.

E.

Stormwater Pollution Control Requirements. The site for every planning priority project shall be designed to control pollutants, pollutant loads, and runoff volume to the maximum extent feasible by minimizing impervious surface area and controlling runoff from impervious surfaces through infiltration, evapotranspiration, bioretention and/or rainfall harvest and use.

1.

A new single-family hillside home development shall include mitigation measures to:

a.

G.

Validity. If any provision of this chapter is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect remaining provisions of this chapter that are declared to be severable.

(Ord. No. 651, § 2, 6-18-2013)

CHAPTER 19.37 - NONCONFORMING USES AND STRUCTURES DIVISION 1. - GENERAL

19.37.010 - Intent and purpose. ¶

The purpose of this Chapter 19.37 is to set forth zoning provisions regulating nonconforming uses, structures, and lots within the city and to provide for the transition of all nonconforming uses, structures, and lots in such a way that the interest of the community in improving the health, safety, and welfare of all residents is achieved without creating an economic hardship for individual property owners.

(Ord. 544 § 1(part), 2000).

19.37.020 - Establishment of nonconforming status.

The regulations in this Chapter 19.37 shall apply to all existing nonconforming uses, structures, and lots as defined in Chapter 19.45 (Definitions) of this Title 19, and to any use, building, structure, or lot made nonconforming upon adoption of this and subsequent ordinances.

B.

Whenever a use, structure, development standard, or lot becomes nonconforming because of a change of zone boundaries or a change of regulations for the zone in which it is located, the period of time prescribed in this chapter for the elimination of the use or compliance with development standards shall be computed from the date of the notice of the nonconformity following the effective date of the change of zone boundaries or regulations.

(Ord. 544 § 1(part), 2000).

19.37.030 - Exceptions to nonconforming status.

A.

No existing use of land or structure shall be deemed nonconforming solely because of the lack of off-street parking required by this Chapter. See also Division 4 of this Chapter 19.37.

B.

No residential dwelling shall be deemed nonconforming solely because it does not meet required off-street parking or side yard setbacks; provided, it complies with the side yard setback requirements in effect at the time a building permit was issued for its construction.

C.

An existing use shall be deemed a "legal nonconforming use" if prior to its establishment, the required permits were obtained (for example, a building permit, conditional use permit, etc.).

D.

Structures and uses not having acquired the proper permits shall be considered illegal and shall be subject to immediate abatement pursuant to the provisions of Chapter 1.12 of the Commerce Municipal Code.

(Ord. 544 § 1(part), 2000).

19.37.040 - Continuation and maintenance.

A.

A legally established and existing nonconforming use or structure may continue to be used until such time it is required to be abated, as set forth in this Chapter 19.37; provided, no alterations, expansions, or modifications, or area or use are made, except as otherwise permitted by this chapter.

B.

Routine maintenance and repairs may be performed on a structure or site when the use is nonconforming, and on a nonconforming structure.

(Ord. 544 § 1(part), 2000).

19.37.050 - Nonconforming status tied to property. ¶

Restrictions and conditions affecting nonconforming uses, structures, and lots shall apply to the existing use, building, and structures, and shall not be affected by ownership changes.

(Ord. 544 § 1(part), 2000).

19.37.060 - Revocation of privileges. ¶

A.

Whenever the use, maintenance, or continuation of nonconforming conditions or a nonconforming use is granted through the means of conditional use permit, variance, site plan review, extensions, expansions, or other approved changes, the same may be revoked by the planning commission whenever the planning commission finds:

1.

That the terms or conditions of any conditional use permit, variance, site plan review, extension, expansion, or other approval are being violated; or

2.

That the condition or use of the property constitutes a public nuisance; or

3.

That the health, safety, or general welfare of the surrounding property owners or residents is being threatened by the continuation of such nonconforming use or condition.

B.

The revocation process may be initiated by the order of the community development director in accordance with the provisions outlined in Division 6 (Abatement Proceedings) of this chapter.

(Ord. 544 § 1(part), 2000).

19.37.070 - Public nuisance. ¶

Any nonconforming use or structure continuing beyond the date for abatement set by the planning commission shall be deemed a public nuisance, subject to abatement thereof and prosecution either through civil or criminal action, pursuant to Chapter 1.12 of the City of Commerce Municipal Code.

(Ord. 544 § 1(part), 2000).

19.37.080 - Exceptions—Public utility facilities and uses. ¶

Nothing in this Chapter 19.37 pertaining to nonconforming uses, structures, and lots shall be construed or applied so as to require the termination or removal, or so as to prevent the modernization, replacement, repair, maintenance, alteration, or rebuilding of public service and public utility buildings, structures, uses, equipment, and facilities; provided, that there is no change or increase of those areas to be used.

(Ord. 544 § 1(part), 2000).

19.37.090 - Reserved. ¶

19.37.100 - Nonconforming uses—Abatement. ¶

A.

Exemption for Residential Uses. Nonconforming residential uses shall not be required to comply with this Chapter 19.37 nor to be completely removed for noncompliance. However, such use shall not be altered or expanded in any way so as to increase the nonconformity.

B.

Nonresidential Uses. Nonconforming nonresidential uses shall be discontinued and removed from their sites, altered to conform, or altered as prescribed to decrease the degree of nonconformity, within the specified time period after which they are deemed nonconforming, as set forth in Table 19.37.100A.

Table 19.37.100A

Abatement of Nonconforming Uses

Table 19.37.100A Abatement of Nonconforming Uses
Zone or Use	Abatement Schedule
1. In any zone, a nonconforming use not occupying a structure	1 year
2. In any zone, a nonconforming use located in a structure with less than 100 sf of gross foor area	3 years
3. Any zone - Use not permitted (Other than gas and oil wells)	5 years
4. Oil and gas wells not permitted in zone in which they are located	10 years

Abbreviations: sf=square feet

(Ord. 544 § 1(part), 2000).

19.37.110 - Nonconforming uses—Change to another nonconforming use.

No nonconforming use shall be changed to another nonconforming use.

(Ord. 544 § 1(part), 2000).

19.37.120 - Nonconforming uses—Abandonment.

Whenever a nonconforming use has been abandoned, discontinued, or changed to a conforming use for a continuous period of eighteen months or more, the nonconforming use shall not be re-established, and the structure or site thereafter shall be used in conformity with the regulations for the zone in which it is located. The director of community development may grant one additional extension of six months if he or she determines that such extension is reasonable under the circumstances. Discontinuance of a use shall include cessation of the existing nonconforming use, regardless of intent to resume the nonconforming use.

B.

This Section 19.37.120 shall not apply to nonconforming dwelling units.

(Ord. 544 § 1(part), 2000).

(Ord. No. 639, § 1, 9-6-2011)

19.37.130 - Nonconforming uses—Expansion restrictions.

A.

A nonconforming use shall not be enlarged or extended in such a way as to occupy any part of the structure or site or another structure or site which it did not occupy at the time it became a nonconforming use, or in such a way as to displace any conforming use occupying a structure or site.

B.

A use which fails to meet the performance standards of the zone in which it is located shall not be enlarged or extended, nor shall it have equipment replaced that results in failure to meet performance standards.

(Ord. 544 § 1(part), 2000).

19.37.140 - Reserved. ¶

DIVISION 3. - NONCONFORMING STRUCTURES

19.37.150 - Nonconforming structures—Abatement.

A.

Exemption for Residential Structures. Nonconforming residential structures used for residential purposes shall not be required to comply with this Chapter 19.37 nor to be completely removed for noncompliance. However, the number of dwelling units shall not be increased, nor shall such use be altered or expanded in any way so as to increase the nonconformity.

B.

Nonresidential Uses. Nonconforming structures shall be discontinued and removed from their sites, altered to conform, or altered as prescribed to decrease the degree of nonconformity, within the specified time period after which they are deemed nonconforming, as set forth in Table 19.37.150A.

Table 19.37.150A

Abatement of Nonconforming Structures

Zone or Use	Abatement Schedule
1. In any zone, a nonconforming structure containing less than 100 sf of gross foor area	3 years
2. Nonconforming structure containing more than 100 sf of gross foor area	10 years
3. Oil and gas wells	10 years

Abbreviations: sf=square feet

(Ord. 544 § 1(part), 2000).

19.37.160 - Nonconforming structures—Alterations and additions. ¶

A.

A nonconforming structure shall not be moved, altered, or enlarged unless required by law, or unless the moving, alteration, or enlargement will result in the elimination of the nonconformity, except as otherwise provided in this Division 3.

B.

A nonconforming structure shall not be altered or reconstructed so as to increase the discrepancy between existing conditions and the development standards for front yards, side yards, rear yards, height of structures, or usable open space prescribed in the development standards for the zone in which the structure is located.

C.

A nonconforming structure shall not be moved or enlarged unless the new location or enlargement shall conform to the development standards or usable open space prescribed in the development standards for the zone in which the structure is located.

(Ord. 544 § 1(part), 2000).

19.37.170 - Nonconforming structures—Repair of damaged or partially destroyed structures.

A.

Whenever a structure that does not comply with the development standards prescribed for the zone in which the structure is located is destroyed by fire or other casualty or calamity, by act of God, or by the public enemy, to the extent of no more than fifty percent of its market value, repairs to the structure may be made; provided, that such repairs are initiated within one year from the date of damage; and further provided that the repairs are undertaken without periods of work stoppage.

B.

If the necessary repairs will equal more than fifty percent of the market value of the structure, the structure may not be restored except in full conformity with the development standards for the zone in which it is located.

(Ord. 544 § 1(part), 2000).

19.37.250 - Reserved. DIVISION 6. - ABATEMENT PROCEEDINGS

19.37.260 - Purpose. ¶

A.

The provisions of this Division 6 are established to set forth procedures for the abatement of uses, structures, fences and walls, signs, and antennas deemed to be nonconforming.

B.

The planning commission shall have the authority to take action to declare a use, structure, fence or wall, sign, or antenna to be nonconforming and to establish abatement procedures consistent with the provisions of this Chapter 19.37.

(Ord. 544 § 1(part), 2000).

19.37.270 - Notice required.

A.

Upon determination by the community development director that the provisions in this Chapter 19.37 apply to a given parcel of land, the director shall send a notice regarding the parcel by a method guaranteeing certification of delivery to the owner of the parcel, as shown on the last equalized assessment roll. The director shall post the property with a similar notice. Should the certified notice be returned to the city for any reason, the city shall cause a copy of the same to be mailed by regular first-class mail, with postage thereon fully paid, to the property owner shown on the last equalized assessment roll.

B.

The notice required in subsection A of this section shall state that the property in question is a nonconformity, shall state the date of abatement established in either Section 19.37.120 (Nonconforming uses—Abatement) or 19.37.150 (Nonconforming structures—Abatement), shall state that a hearing will be held before the planning commission, and shall state the date of such hearing.

C.

The absence of such notification shall affect or extend the termination date established by the provisions of this Title 19 or the provisions of previous zoning regulations.

(Ord. 544 § 1(part), 2000).

19.37.280 - Hearing required.

A.

Within thirty days after the issuance of the notice prescribed in Section 19.37.270 (Notice required), the planning commission shall hold a public hearing to determine whether the nonconformity should be abated or whether a time extension should be granted as provided for in Section 19.37.320 (Extension of time).

Notice of the hearing shall be given to all property owners as required by Section 19.39.140 (Noticing) of this Title 19.

B.

The planning commission shall receive written and oral testimony at such hearing with regard to abatement or elimination of the nonconformity pursuant to the hearing procedures set forth in Section 19.39.170 (Hearing procedures) of this Title 19.

C.

At the close of the public hearing, the commission shall find and determine whether the nonconformity should be abated and all facts in support thereof, whether the owner of the property can amortize his investment in the term for abatement provided in Sections 19.37.120 (Nonconforming uses—Abatement) and 19.37.150 (Nonconforming structures—Abatement), and if not, what term for abatement should be provided. The commission shall base its decision as to the length of the permitted amortization period on any competent evidence presented, included but not limited to the depreciation schedule attached to the owner's latest federal income tax return.

D.

The planning commission shall also find and determine whether the nonconformity can economically be used in its present condition or if the nonconformity can be successfully modified for a purpose permitted by the zone district in which it is located.

(Ord. 544 § 1(part), 2000).

19.37.290 - Findings and decision.

A.

The decision of the planning commission and the findings in support of the decision shall be in the form of a written order and shall be served to the property owner personally or by a method guaranteeing proof of delivery within ten days after the decision is rendered.

B.

Findings shall be made as to whether or not the balancing of the public interest and the request by the owner for continuance, alteration, or expansion of the nonconformity of the subject property requires a deviation from the development standards for the City of Commerce.

(Ord. 544 § 1(part), 2000).

19.37.300 - Right of appeal. ¶

The decision of the planning commission may be appealed to the city council pursuant to the provisions of Chapter 19.39, Division 4 (Appeals and Revocations) of this Title 19. Any appeal timely filed shall be set for hearing in accordance with Chapter 19.39, Division 4.

(Ord. 544 § 1(part), 2000).

19.37.310 - Recordation of order. ¶

After the conclusion of all appeals or, if no appeal is filed, after expiration of the appeal period, the city clerk shall cause notice of the decision to be recorded with the County Recorder of the County of Los Angeles. The notice shall consist of a notice of zoning violation.

(Ord. 544 § 1(part), 2000).

19.37.320 - Extension of time. ¶

A.

In establishing the time periods for the termination of nonconforming uses and structures, it is recognized that there may be some uses or structures which entail a substantial investment in time and money and which require a greater period of time for amortization of the investment than that set forth in the time table. Any party may file a petition to the planning commission for an extension of time for the termination of nonconforming uses or structures. The planning commission shall direct the community development director to conduct a study of the specific use or structure and prepare a report recommending the appropriate time for termination of the use or structure.

B.

The planning commission, or the city council on appeal, at its discretion, may grant an extension of time for the abatement of a nonconformity where it finds that an unreasonable hardship would otherwise be imposed on the property owner.

(Ord. 544 § 1(part), 2000).

19.37.330 - City removal.

If removal of a nonconforming structure or use is not performed within the termination period, the city shall have the authority to remove the nonconforming use or structure. Any cost of removal shall be charged to the property owner and collected directly or as a special assessment on the land.

(Ord. 544 § 1(part), 2000).

CHAPTER 19.39 - ADMINISTRATION OF THE ZONING ORDINANCE DIVISION 1. - GENERAL PROVISIONS

19.39.010 - Intent and purpose. ¶

This Division 1 establishes the regulations for the effective and efficient implementation of the Commerce zoning ordinance (Title 19 of the Municipal Code). This Division 1 contains the procedures for discretionary review of development applications, criteria for acceptance of applications for discretionary actions, and general standards for processing of applications. The provisions of this Division 1, used in combination with the provisions of subsequent Divisions 2 through 14, provide for a system of development review that is open to the public and responsive to the needs of the community.

(Ord. 544 § 1(part), 2000).

19.39.020 - Type of review procedures in effect in commerce. ¶

Table 19.39.020A outlines the types of review procedures in effect in Commerce.

Table 19.39.020A

Hearing Bodies and Responsibilities

Type of Application	Community Development Director (a)	Community Development Director (a)	Cultural Resource Management Commission (b)	Planning Commission (b)	Planning Commission (b)	City Council
	Authority to Approve or Deny	Advisory to Planning Comm. Only	Advisory to City Council Only	Authority to Approve or Deny	Advisory to City Council Only	Final Authority/Public Hearing Required
Change of Zone and Zoning Ordinance Text Amendment					■	■
General Plan Amendment					■	■
Conditional Use Permit		■		■
Variance		■		■
Modifcation of Standards	■
Site Plan Review (c)		■		■
Specifc Plans					■	■
Temporary Use and Special Event Permits
Temporary Use Permit	■
Special Event Permit (c)		■		■
Home Occupation Permit		■		■
Building Relocation Permit	■
Landmark/District Alteration Permit			■			■
Parcel and Tract Maps
Tentative Maps		■		■
---	---	---	---	---	---	---
Final Maps					■	■(d)

Notes: (a) All decisions of the community development director may be appealed to the planning commission.

(b) All decisions of the cultural resource management commission and planning commission may be appealed to the city council.

(c) Site plan review and special event permits are heard before the planning commission as scheduled matters. No public hearing is required.

(d) No public hearing is required.

(Ord. 544 § 1(part), 2000.

19.39.030 - Hearing bodies established.

A.

The city council, planning commission, and cultural resource management commission shall serve as hearing bodies in the City of Commerce.

B.

The city council shall be established as set forth in Chapter 2.08 of the Commerce Municipal Code.

The planning commission shall be established as set forth in Chapter 2.16 of the Commerce Municipal Code.

D.

The cultural resource management commission shall be comprised of all members of the planning commission, established as set forth in Chapter 2.16 of the Municipal Code.

(Ord. 544 § 1(part), 2000).

19.39.040 - Purpose and responsibilities of the hearing bodies.

A.

City Council. The city council shall act as the final arbiter to interpret and to ensure enforcement of the provisions of this Title 19, subject to the rules of conduct and responsibilities established by city ordinances. The city council shall be responsible for conducting the public hearings set forth in Table 19.39.020A.

Planning Commission.

1.

The planning commission's responsibilities and duties with respect to the implementation and interpretation of this Title 19 shall be as follows:

a.

Those responsibilities and duties described in the state planning, zoning, and development laws contained in Section 65100 et seq., of the California Government Code.

b.

Such duties as may be designated by the city council.

2.

The planning commission shall be responsible for conducting the public hearings set forth in Table 19.39.020A.

C.

Cultural Resource Management Commission.

1.

The responsibilities and duties of the cultural resource management commission with respect to the implementation and interpretation of this Title 19 shall be as follows:

a.

Consider the opinion of professionals, published documents, newspapers, preservation organizations, museums, civic clubs, heritage groups, licensed architects, attorneys, urban planning professionals, affected property and business owners, and city residents in its review and deliberations of development proposals subject to public hearings.

b.

Prepare an inventory of potential landmarks and historic districts.

c.

Recommend to the city council the designation of individual properties as landmarks or districts.

d.

Review public and private projects involving historical resources.

e.

Review and approve/disapprove landmark alteration permits.

f.

Review environmental impact reports, environmental assessments, and applications that affect the city's historical resources.

g.

Recommend acquisition, restrictions, and negotiations of historical property contracts for preservation.

h.

Recommend acceptance of dedications for public areas, maintenance, designation, and easement of historical resources.

i.

Seek to increase public awareness with information programs and activities on historical resources.

j.

Recommend the use of grants related to historical resources.

k.

Evaluate and comment on land use decisions.

l.

Keep minutes of meetings.

m.

Perform such other duties as designated by the city council or as needed to achieve its goals and purposes.

2.

The cultural resource management commission shall be responsible for conducting the public hearings set forth in Table 19.39.020A.

D.

Community Development Director. The community development director shall have the authority to approve certain discretionary permits, as set forth in Table 19.39.020A. The director may designate a city staff member to act on his behalf. Thus, in this Chapter 39, the term "community development director" shall mean the director or his designee, where such reference is made to a review, discretionary action, or approval.

(Ord. 544 § 1(part), 2000).

19.39.050 - Reserved. DIVISION 2. - APPLICATIONS, PROCESSING, FILINGS, AND FEES

19.39.060 - Pre-application conference required. ¶

Prior to the filing of an application for any discretionary permit requiring approval by the city council or planning commission, the applicant shall be required to attend a pre-application conference with the community development director or his designee. The purpose of the conference shall be to advise the applicant of the development regulations applicable to the property for which the application is to be filed and to review any preliminary site plan or other development plans the applicant may have prepared for the subject property.

(Ord. 544 § 1(part), 2000).

19.39.070 - Application filing requirements. ¶

A.

Any person or authorized representative desiring a permit or approval required by this title shall file an application with the community development director or his designee on forms provided by the director.

B.

Information required as part of the application shall, at a minimum, include:

1.

The names, telephone numbers and addresses of the property owner and applicant;

2.

A letter of authorization from the property owner, if the applicant is other than the owner;

3.

Address and legal description of the properties involved;

4.

Map of the subject property and surrounding area;

5.

Description of the proposed use or project;

6.

Plot plans showing:

Dimensions of the property,

b.

Existing and proposed buildings and uses, with dimensions,

c.

Dimensions of enclosed areas,

d.

Location of existing and proposed fences and walls, driveways, signs and other improvements,

e.

Locations of off-street parking for customers, employees; of handicap and compact parking spaces;

7.

Landscaping plans showing proposed irrigation system and the location, type and size of landscape plants for the entire property, including parking areas;

8.

Floor plans and sections, when needed;

9.

Samples of proposed construction or facade materials;

10.

Engineering plans for street dedication and improvements, when required;

11.

Photographs and exterior drawings;

12.

Documentation of historical data (where applicable);

13.

Drainage plans; and

14.

Two sets of mailing labels for owners of surrounding property, consistent with the requirements of subsections C, D and E of this section.

C.

For applications requiring a public hearing and for site plan review applications subject to review by the planning commission as a scheduled matter, the applicant shall submit a list of all persons or agents owning properties within a five hundred-foot radius from the exterior boundaries of the subject property. Such list shall be accompanied by an affidavit certifying that the list is true and correct and has been obtained from the most recent assessment role of the Los Angeles County Assessor no longer than ninety days prior to the filing of the application.

D.

For applications for projects involving the use of hazardous materials, the handling of solid waste, and alcohol sales and service, the applicant shall submit a list of all persons or agents owning properties within a one thousand-foot radius from the exterior boundaries of the subject property. Such list shall be accompanied by an affidavit certifying that the list is true and correct and has been obtained from the most recent assessment role of the Los Angeles County Assessor no longer than ninety days prior to the filing of the application.

E.

For home occupation permit applications, the applicant shall submit a list of all persons or agents owning properties within a two hundred-foot radius from the exterior boundaries of the subject property. Such list shall be accompanied by an affidavit certifying that the list is true and correct and has been obtained from the most recent assessment role of the Los Angeles County Assessor no longer than ninety days prior to the filing of the application.

F.

The community development director may waive the filing of one or more of the items listed in subsection B of this section or may require other pertinent information to be submitted.

G.

The accuracy of all information submitted shall be the responsibility of the applicant.

H.

In the event that delays are encountered in the processing of an application, the list of surrounding property owners shall be updated to be no older than ninety days prior to the scheduled hearing date.

(Ord. 544 § 1(part), 2000).

19.39.080 - Completeness of application. ¶

No application shall be processed until it is deemed complete by the community development director or his designee. No application shall be deemed complete until all required information is provided in the required quantity and format.

(Ord. 544 § 1(part), 2000).

19.39.090 - Concurrent applications. ¶

Whenever more than one permit or approval is required for a proposed development project or use, all applications shall be filed and processed concurrently. All such related applications shall be reviewed in accordance with the procedures set forth for the application requiring the highest level of review.

(Ord. 544 § 1(part), 2000).

19.39.100 - Environmental review. ¶

All applications filed pursuant to the requirements of this Title 19 shall be subject to environmental review pursuant to the requirements of the California Environmental Quality Act (Public Resources Code, Section 21000 et seq.).

(Ord. 544 § 1(part), 2000).

19.39.110 - Fees. ¶

A.

Each applicant for a land use action authorized by this Title 19 shall pay those fees and costs as established by resolution of the city council.

B.

If an application is withdrawn prior to the advertising of a public hearing, the applicant shall be entitled to a partial refund in accordance with policy established by the community development director.

(Ord. 544 § 1(part), 2000).

19.39.120 - Application denial—Reapplication. ¶

A.

Whenever an application or portion of an application has been denied or revoked and the denial or revocation becomes final, no new application for the same or similar request may be accepted within one year of the date of the denial, unless the community development director finds that the conditions surrounding the application have sufficiently changed to warrant a new application.

B.

For the purpose of this section, "changed conditions" shall mean a substantial change in land use on properties in the vicinity, improved infrastructure in the vicinity, altered traffic patterns, or any such similar change resulting in a changed physical environment.

(Ord. 544 § 1(part), 2000).

19.39.130 - Reserved. DIVISION 3. - PUBLIC HEARINGS ¶

19.39.140 - Noticing.

A.

B.

Right of Persons to Comment.

1.

During any public hearing, the applicant for the subject application shall have the following rights:

a.

The right to be represented;

b.

The right to provide testimony; and

c.

The right to present evidence.

2.

All other persons shall have the right to comment on any relevant aspect of the application under consideration.

C.

Action of Hearing Body and Continuance of Hearings.

1.

Following the completion of testimony at a public hearing, action shall be taken to approve, conditionally approve, deny, continue, or take under advisement the subject of the public hearing.

2.

If the action is taken to continue or take the matter under advisement, before adjournment or recess the person presiding at such public hearing shall publicly announce the time and place to which the hearing will

be continued. No further notice shall be required.

D.

Effect of Action. The decision of the hearing body shall be considered final unless a decision is appealed pursuant to Division 4 of this Chapter 19.39. In all cases, the city council shall represent the final authority.

(Ord. 544 § 1(part), 2000).

19.39.180 - Reserved. ¶

DIVISION 4. - APPEALS AND REVOCATIONS

19.39.190 - Appeals—Jurisdiction and authorization.

A.

Appeal of Community Development Director Actions. All actions and decisions of the community development director authorized by this Title 19 may be appealed to the planning commission. All such appeals shall be filed in writing with the secretary of the planning commission.

B.

Appeal of Planning Commission and Cultural Resource Management Commission Actions. All actions and decisions of the planning commission and cultural resource management commission authorized by this Title 19 may be appealed to the city council. All such appeals shall be filed in writing with the city clerk.

C.

Persons Eligible to File an Appeal. Any person may appeal a decision or action of the community development director, planning commission, or cultural resource management commission in accordance with the terms of this Division 4.

(Ord. 544 § 1(part), 2000).

19.39.200 - Appeals—Time limit for filing an appeal.

All appeals must be filed within fourteen calendar days of the date of the rendering of the decision. If the fourteenth day occurs on a holiday or weekend, the appeal period shall be extended to the next city work day. No appeal shall be accepted after the appeal period has expired.

(Ord. 544 § 1(part), 2000).

19.39.210 - Appeal—Form for filing. ¶

A.

All appeals must be submitted in writing on a form to be provided by the city. The appeal must specifically state the grounds for the appeal and instances in which the review body erred in reaching the determination.

B.

An appeal fee shall be paid concurrent with filing of the appeal in accordance with the fee schedule established by resolution of the city council.

(Ord. 544 § 1(part), 2000).

19.39.220 - Appeals—Scheduling of public hearing. ¶

Within fourteen days upon receipt of an appeal, the planning commission secretary (in the case of an appeal of a community development director decision) or the city clerk (in the case of an appeal of a decision by the planning commission or cultural resource management commission) shall set the matter for public hearing. The hearing shall be noticed as provided for in Division 3 (Public Hearings) of this Chapter 19.39.

(Ord. 544 § 1(part), 2000).

19.39.230 - Appeals—Findings. ¶

All actions to affirm, reverse, or modify in whole or part any decision of the community development director, planning commission, or cultural resource management commission shall be made by resolution stating the findings for the affirmation, reversal, or modification.

(Ord. 544 § 1(part), 2000).

19.39.240 - Revocations—Right of revocation. ¶

Upon determination that there has been a violation of the terms or conditions of any permit or approval granted under this Title 19; or if a determination is made that a permit or approval was obtained by deception or fraud, or represents a public nuisance; or the use subject to the approval no longer exists; or the permit or approval has not been activated in accordance with the terms of this Title 19, the community development director shall have the authority to initiate revocation proceedings.

(Ord. 544 § 1(part), 2000).

19.39.250 - Revocations—Procedures. ¶

A.

The community development director shall schedule a hearing before the planning commission for the purpose of considering revocation of the permit or approval. In the case where the planning commission's original action consisted of a recommendation to the city council, the planning commission's action on the revocation shall also consist of a recommendation to the city council, and the city council shall have the authority to revoke the permit or approval.

B.

At least thirty days prior to the revocation hearing, the permittee subject to the revocation hearing shall be given written notice of the city's intent to conduct the hearing. The notice to the permittee shall be served either in person or by registered mail, return receipt requested.

C.

At least ten days prior to the revocation hearing, public notice of the hearing shall be given in the same manner as was required for the original permit or approval.

D.

At the hearing, the community development director shall present evidence supporting the motion for permit or approval revocation. The owner of the property, use, or business subject to the hearing shall be given the opportunity to present reasons why the permit or approval shall not be revoked.

E.

The planning commission or city council shall make a decision regarding the revocation based upon the information presented at the hearing and shall within twenty days of the hearing make findings and report its decision in writing. A copy of the decision shall be mailed via certified mail, or similar method providing proof of delivery, to the party whose permit is being revoked.

(Ord. 544 § 1(part), 2000).

19.39.260 - Reserved. DIVISION 5. - CHANGE OF ZONE AND ZONING ORDINANCE TEXT AMENDMENTS ¶

19.39.270 - Purpose and intent. ¶

In recognition of that fact that physical, economic, and other conditions in the city may change over time, provisions are made to allow for amendments to the zoning map and zoning ordinance text in accord with the procedures outlined in this Division 5. All such changes of zone or zoning ordinance text amendments shall be adopted in the manner in which other city ordinances are adopted.

(Ord. 544 § 1(part), 2000).

19.39.280 - Initiation. ¶

A.

Applications for a change of zone or zoning ordinance text amendment may be initiated by any person who is able to demonstrate a legal vested interest in the proposed application. The authorized agent of any person with a legal vested interest may also initiate an application. The community development director may request proof of ownership or authorization to apply prior to the acceptance of any application.

B.

In the case of a change of zone application, if the property for which the change of zone is proposed is in more than one ownership, all owners or their authorized agents shall be required to sign the application.

C.

The city council may initiate an application to change the boundaries of any zone district or to amend the text of the zoning ordinance.

(Ord. 544 § 1(part), 2000).

19.39.290 - Proceedings—Planning commission. ¶

A.

A public hearing before the planning commission shall be noticed and conducted pursuant to the provisions of Division 3 (Public Hearings) of this Chapter 19.39.

B.

At the public hearing, the planning commission shall review the application and proposal and receive evidence as to how or why the proposed change of zone or zoning ordinance text amendment is consistent with the objectives of this Title 19, the general plan, and development policies of the city.

C.

The planning commission shall act by resolution to recommend to the city council approval, approval with modifications, or denial of the proposed application.

D.

The commission's resolution shall include its recommendation and shall be transmitted to the city clerk for scheduling the matter for consideration by the City Council.

(Ord. 544 § 1(part), 2000).

19.39.300 - Proceedings—City council. ¶

A.

Denial of a Change of Zone. Upon receipt of a planning commission resolution recommending denial of a change of zone, the city clerk shall place the commission's resolution on the city council agenda as a receive-and-file item. The commission's decision shall be considered final and no further action by the council will be required unless an appeal is filed in accordance with the provisions of Division 4 (Appeals and Revocations) of this Chapter 19.39, or unless the council chooses to set the matter for hearing.

B.

Approval of a Change of Zone and Approval or Denial of a Zoning Text Amendment.

1.

Upon receipt of a planning commission resolution recommending approval of a change of zone or zoning ordinance text amendment, or denial of a zoning ordinance text amendment, the city clerk shall set the matter for hearing before the city council as provided for in Division 2 (Public Hearings) of this Chapter 19.39.

At the hearing, the city council shall review the commission's recommendation and receive evidence as to how or why the proposed change of zone or zoning ordinance text amendment is consistent with the objectives of this Title 19, the general plan, and development policies of the city.

3.

The city council shall act to approve or deny the application.

4.

If the council proposes any substantial modification to the application not previously considered by the planning commission, the council shall refer the matter back to the commission for consideration. No public hearing shall be required. Failure of the commission to act within forty days of receiving the council's request shall provide the council with authority to act without the commission's recommendation.

(Ord. 544 § 1(part), 2000).

==> picture [444 x 620] intentionally omitted <==

19.39.310 - Findings required. ¶

The city council shall be required to make the following findings of fact before approving a change of zone or zoning ordinance text amendment:

A.

That the proposed change of zone or zoning ordinance text amendment is consistent with the goals, policies, and objectives of the general plan; and

B.

That the proposed change of zone or zoning ordinance text amendment will not adversely affect surrounding properties; and

C.

That the proposed change of zone or zoning ordinance text amendment promotes public health, safety, and general welfare and serves the goals and purposes of this Title 19.

(Ord. 544 § 1(part), 2000).

19.39.320 - Reserved. ¶

19.39.330 - Purpose and intent. ¶

This Division 6 is established pursuant to Section 65358 of the California Government Code to allow for amendment from time-to-time of the city's general plan.

(Ord. 544 § 1(part), 2000).

19.39.340 - Initiation. ¶

A.

Applications to amend the general plan text or maps may be initiated by any person who is able to demonstrate a legal vested interest in the proposed application. The authorized agent of any person with a legal vested interest may also initiate an application. The community development director may request proof of ownership or authorization to apply prior to the acceptance of any application.

B.

In the case of a proposed amendment to the general plan land use policy map, if the property for which the amendment is proposed is in more than one ownership, all owners or their authorized agents shall be required to sign the application.

C.

The community development director and/or city council may initiate an application to amend the general plan.

(Ord. 544 § 1(part), 2000).

19.39.350 - Proceedings—Planning commission. ¶

A.

A public hearing before the planning commission shall be noticed and conducted pursuant to the provisions of Division 3 (Public Hearings) of this Chapter 19.39.

B.

At the public hearing, the planning commission shall review the application and proposal and receive evidence as to how or why the proposed general plan amendment is consistent with the objectives of this Title 19, the balance of the general plan, and development policies of the city.

C.

The planning commission shall act by resolution to recommend to the city council approval, approval with modifications, or denial of the proposed application. A majority vote of the entire planning commission is required to recommend approval or approval with modifications.

D.

The commission's resolution shall include its recommendation and shall be transmitted to the city clerk for scheduling the matter for public hearing before the city council.

==> picture [385 x 552] intentionally omitted <==

(Ord. 544 § 1(part), 2000).

19.39.360 - Proceedings—City council.

A.

Upon receipt of a planning commission resolution, the city clerk shall set the matter for hearing before the city council as provided for in Division 3 (Public Hearings) of this Chapter 19.39.

At the hearing, the city council shall review the commission's recommendation and may receive evidence as to how or why the proposed general plan amendment is consistent with the objectives of this Title 19, the balance of the general plan, and development policies of the city.

C.

The city council shall act to approve or deny the application. A majority vote of the entire council is required to amend the general plan. The council's action to amend the general plan shall be by formal resolution.

D.

If the city council proposes any substantial modification to the application not previously considered by the planning commission, the council shall refer the matter back to the commission for consideration. No public hearing shall be required. Failure of the commission to act within forty days of receiving the council's request shall provide the council with authority to act without the commission's recommendation.

(Ord. 544 § 1(part), 2000).

19.39.370 - Findings required. ¶

Prior to approving a general plan amendment, the city council shall make the following findings:

A.

That the proposed amendment is in the public interest, and that there will be a community benefit resulting from the amendment;

B.

That the proposed amendment is consistent with the other goals, policies, and objectives of the general plan;

C.

That the proposed amendment will not conflict with provisions of the zoning ordinance or subdivision regulations; and

D.

In the event that the proposed amendment is a change to the land use policy map, that the amendment will not adversely affect surrounding properties.

(Ord. 544 § 1(part), 2000).

19.39.380 - Reserved. ¶

DIVISION 7. - CONDITIONAL USE PERMITS

19.39.390 - Intent and purpose.

A.

2.

At the public hearing, the planning commission shall review the application and proposal and receive evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained, particularly with respect to the findings prescribed in Section 19.39.420 (Required findings).

3.

The planning commission shall act to approve, conditionally approve, or deny the application.

4.

The decision of the planning commission shall become effective immediately upon its rendering, unless an appeal is filed pursuant to the provisions of Division 4 (Appeals and Revocations) of this Chapter 19.39.

==> picture [400 x 552] intentionally omitted <==

(Ord. 544 § 1(part), 2000).

19.39.420 - Required findings.

A.

The planning commission may approve and/or modify a conditional use permit in whole or in part, with or without conditions; provided that all of the following findings of fact are made:

The proposed use is one conditionally permitted within the subject zone and complies with the intent of all applicable provisions of this Title 19, including, but not limited to, those set forth in Chapter 19.19 (Site Planning and General Development Standards);

2.

The proposed use would not impair the integrity and character of the zone in which it is to be located;

3.

The subject site is physically suitable for the type of land use being proposed;

4.

The proposed use is compatible with the land uses presently on the subject property;

5.

The proposed use would be compatible with existing and future land uses within the zone and the general area in which the proposed use is to be located;

6.

There would be adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety;

7.

There would be adequate provisions for public access to serve the subject proposal;

8.

The proposed use is consistent with the objectives, policies, general land uses, and programs of the general plan;

9.

The proposed use would not be detrimental to the public interest, health, safety, convenience, or welfare; and

10.

The proposed design and elevations preserve and maximize the image, character, and visual quality of the neighborhood.

B.

1.

This subsection shall apply only to the uses identified in this subsection. This subsection shall not invalidate any conditional use permit for an operating facility, but shall be complied with prior to issuance of a building

permit for all projects for which no building permit has been issued upon the effective date of this provision.

2.

In addition to findings required in Section 19.39.420(A), the planning commission shall find that the proposed use does not have a disproportionately high and adverse human health or environmental effect on minority and low-income populations. Such findings must be made for the following uses:

a.

Solid waste facilities, as defined in Public Resources Code 40194, to the extent not prohibited by Section 19.31.470 of this Title 19.

b.

Auto wrecking or salvage yards.

c.

Yards for the disposal and/or salvage of demolition or construction waste.

Recycling facilities.

e.

Incinerators of any type.

C.

Additional findings shall be made for specific uses as required by Chapter 19.31 (Standards for Specific Land Uses) of this Title 19.

(Ord. 544 § 1(part), 2000).

(Ord. No. 612, § 7, 10-7-2008)

19.39.430 - Conditions of approval. ¶

A.

In granting a conditional use permit, the planning commission may impose such conditions as it deems necessary to ensure that the public health, safety, and general welfare are protected and that the proposed operation is not a detriment to the community.

B.

All conditions shall be binding upon the applicant, heirs, successors, or assignees and shall restrict the construction, location, maintenance, and use of all land within the development.

C.

A deed restriction may be recorded with the County Recorder of Los Angeles County, as approved by the city attorney, regarding the conditions of this section and other requirements of the conditional use permit.

(Ord. 544 § 1(part), 2000).

19.39.440 - Conditional use permit attached to the property. ¶

A conditional use permit that is valid and in effect and granted pursuant to the provisions of this Title 19 shall be valid only on the property for which it was granted and shall continue to be valid upon change of ownership of the property or any lawfully existing building or structure on the property.

(Ord. 544 § 1(part), 2000).

19.39.450 - Suspension and revocation. ¶

The community development director shall have the authority to initiate proceedings to suspend or revoke a conditional use permit pursuant to provisions set forth in Sections 19.39.240 through 19.39.250, inclusive, of this Chapter 19.39.

(Ord. 544 § 1(part), 2000).

19.39.460 - Time limit for implementing conditional use permit.

A.

The grantee of a conditional use permit shall have one year from the effective date of the permit to establish a right to use the permit; otherwise, the conditional use permit shall lapse and become void. For the purposes of this section, such a right shall be established if either:

1.

A building permit has been issued and construction commenced and diligently pursued toward completion on the site for which the conditional use permit was approved; or

2.

In the event no building permit is required, a certificate of occupancy has been issued for the structure for which the conditional use permit was approved; or

3.

In the event no building permit or occupancy is required, the site for which the conditional use permit was approved is occupied and used for the permitted purpose; or

4.

Prior to the date on which the conditional use permit will elapse, the grantee files an application to renew the permit pursuant to subsection B of this section.

B.

A conditional use permit subject to lapse may be renewed up to an additional one-year period; provided, that the application for renewal is filed with the community development department prior to the expiration date. A public hearing before the planning commission shall be required.

C.

The planning commission may grant or deny an application for renewal of a conditional use permit. As part of its action, the commission may also modify existing conditions of approval or add new conditions to reflect any change in circumstances related to the conditional use permit and surrounding properties.

D.

If any conditional use permit fails to be actively exercised for a continuous one hundred eighty-day period, the permit shall lapse and become void.

(Ord. 544 § 1(part), 2000).

19.39.470 - Reserved. DIVISION 8. - VARIANCES

19.39.480 - Intent and purpose.

A.

The variance procedure is provided pursuant to Section 65906 of the California Government Code to grant relief from zoning provisions when, because of special circumstances applicable to a property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under the identical zoning classification.

B.

Variances shall not be granted to authorize a use or activity on a property which is not otherwise expressly authorized by the provisions of this zoning ordinance governing that property. A variance is not a substitute for a zone change, zone text amendment, or conditional use permit.

C.

Financial hardship in and of itself does not represent grounds on which to file a variance application to gain relief from zoning provisions.

(Ord. 544 § 1(part), 2000).

19.39.490 - Initiation. ¶

A.

An application for a variance may be initiated by any person who is able to demonstrate a legal vested interest in the proposed application. The authorized agent of any person with a legal vested interest may also initiate an application. The community development director may request proof of ownership or authorization to apply prior to the acceptance of any application.

B.

An application shall be filed pursuant to the provisions of Division 2 (Applications, Processing, Filings, and Fees) of this Chapter 19.39.

C.

In addition to the application filing requirements established in Division 2, the applicant shall file a statement of the precise nature of the variance requested and the practical difficulty or unnecessary physical hardship that would result from the strict or literal interpretation of this Title 19, together with any other data pertinent to the application and the making of requisite findings.

(Ord. 544 § 1(part), 2000).

19.39.500 - Proceedings. ¶

A.

Community Development Director Investigation. The community development director shall investigate the application and proposal, including the analysis of precedent cases as appropriate, and shall prepare a report outlining facts and a recommendation relating to the application. The report shall be provided to the planning commission and the applicant prior to any scheduled public hearing on the application.

B. Planning Commission Proceedings.

1.

A public hearing before the planning commission shall be noticed and conducted pursuant to the provisions of Division 3 (Public Hearings) of this Chapter 19.39.

2.

At the public hearing, the planning commission shall review the application and proposal and receive evidence concerning the proposed variance and the conditions which make compliance with specific provisions of this Title 19 difficult.

3.

The planning commission shall act to approve, conditionally approve, or deny the application.

4.

==> picture [409 x 553] intentionally omitted <==

(Ord. 544 § 1(part), 2000).

19.39.510 - Required findings.

In granting a variance, the planning commission must make all of the following findings:

That the strict or literal interpretation and application of this Title 19 would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of this Title 19, or would deprive applicants of privileges granted to others in similar circumstances; and

B.

That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or the intended development of the property that do not apply generally to other property in the same zone; and

C.

That the granting of such variance will not constitute the granting of a special privilege inconsistent with the limitations on other properties in the vicinity classified in the same zone; and

D.

That the granting of such variance will not be materially detrimental to the public health, safety, or general welfare nor injurious to property or improvements in the zone or neighborhood in which the property is located; and

E.

That the granting of such variance will not create any inconsistency with any objective contained in the general plan.

(Ord. 544 § 1(part), 2000).

19.39.520 - Variance attached to the property. ¶

A variance that is valid and in effect and granted pursuant to the provisions of this Title 19 shall be valid only on the property for which it was granted and only for the improvements for which it is granted and further, shall continue to be valid upon change of ownership of the property or any lawfully existing building or structure on the property.

(Ord. 544 § 1(part), 2000).

19.39.530 - Revocation. ¶

The community development director shall have the authority to initiate proceedings to suspend or revoke a variance pursuant to provisions set forth in Sections 19.39.240 through 19.39.250, inclusive, of this Chapter 19.39.

(Ord. 544 § 1(part), 2000).

19.39.540 - Time limit for implementing a variance.

The grantee of a variance shall have one year from the effective date of the approval to establish a right to use the approval; otherwise, the variance shall lapse and become void. For the purposes of this section, such a right shall be established if either:

1.

A building permit has been issued and construction commenced and diligently pursued toward completion on the site for which the variance was approved; or

2.

In the event no building permit is required, a certificate of occupancy has been issued for the structure for which the variance was approved; or

3.

In the event no building permit or occupancy is required, the site for which the variance was approved is occupied; or

4.

Prior to the date on which the variance will elapse, the grantee files an application to renew the permit pursuant to subsection B of this section.

B.

A variance subject to lapse may be renewed up to an additional one-year period, provided that the application for renewal is filed with the community development department prior to the expiration date.

C.

The planning commission may approve or deny an application for renewal of a variance. As part of its action, the commission may also modify existing conditions of approval or add new conditions to reflect any change in circumstances related to the variance and surrounding properties.

(Ord. 544 § 1(part), 2000).

19.39.550 - Reserved. ¶

19.39.560 - Intent and purpose. ¶

A.

Intent. The modification of standards procedure is established to grant minor relief from development standards, under limited circumstances, when the granting of such relief will provide for better design and function of the structure, or addition to a structure, proposed.

B.

Applicability.

1.

For the purposes of this Division 9, a Modification of Standards application shall be filed whenever any one of the following deviations from the provisions of this Title 19 is proposed:

a.

A decrease of not more than twenty percent of the minimum required setback area.

b.

An increase of not more than ten percent of the maximum permitted building height.

c.

An increase of not more than ten percent in the permitted maximum height of a fence or wall.

d.

An increase of not more than five percent of the maximum permitted lot coverage.

2.

Modifications in excess of those cited in subsection (B)(1) of this section shall require a variance.

(Ord. 544 § 1(part), 2000).

19.39.570 - Initiation. ¶

A.

An application for a modification of standards may be initiated by any person who is able to demonstrate a legal vested interest in the proposed application. The authorized agent of any person with a legal vested interest may also initiate an application. The community development director may request proof of ownership or authorization to apply prior to the acceptance of any application.

B.

In addition to the application filing requirements established in Division 2 (Applications, Processing, Filings, and Fees), the applicant shall file a statement of the precise nature of the modification of standards requested and reasons for the request.

(Ord. 544 § 1(part), 2000).

19.39.580 - Proceedings.

A.

B.

Community Development Director Action.

1.

Based on the investigation undertaken pursuant to subsection A of this section, the director or designee shall act to approve, approve with conditions, or deny the modification of standards application.

2.

In granting a modification of standards, the director or designee shall make findings of fact that establish the circumstances appropriate for the approval.

3.

Action on a modification of standards application shall be taken within ten days of the date the application is deemed complete.

==> picture [405 x 552] intentionally omitted <==

(Ord. 544 § 1(part), 2000).

19.39.590 - Findings.

A modification of standards application shall not be granted unless all of the following findings can be made:

Modification is needed to allow property to be used in a more beneficial manner; and

B.

Modification would not be detrimental to public health, safety, or general welfare or to surrounding property owners or the community; and

C.

Granting the modification would not grant special privileges to the applicant not enjoyed by surrounding property owners; and

D.

There are physical circumstances due to the shape or condition of the property which would result in hardship under existing regulations; and

E.

The purpose of modification is not based exclusively on the financial advantage of the owner; and

F.

Alleged difficulties were not created by the owner; and

G.

Modification would not diminish property values in the area; and

H.

Modification would not increase traffic or endanger public safety.

(Ord. 544 § 1(part), 2000).

19.39.600 - Approval attached to the property. ¶

A modification of standards that is valid and in effect and granted pursuant to the provisions of this Title 19 shall be valid only on the property for which it was granted and only for the improvements for which it is granted and further, shall continue to be valid upon change of ownership of the property or any lawfully existing building or structure on the property.

(Ord. 544 § 1(part), 2000).

19.39.610 - Revocation. ¶

The community development director shall have the authority to initiate proceedings to suspend or revoke a modification of standards pursuant to provisions set forth in Sections 19.39.240 through 19.39.250, inclusive, of this Chapter 19.39.

(Ord. 544 § 1(part), 2000).

19.39.620 - Time limit for using modification of standards.

A.

The grantee of a modification of standards shall have one year from the effective date of the approval to establish a right to use the approval; otherwise, the approval shall lapse and shall become void. For the purposes of this section, such a right shall be established if either:

1.

A building permit has been issued and construction commenced and diligently pursued toward completion on the site for which the modification of standards was approved; or

2.

In the event no building permit is required, a certificate of occupancy has been issued for the structure for which the modification of standards was approved; or

3.

In the event no building permit or occupancy is required, the site for which the modification of standard was approved is occupied; or

4.

Prior to the date on which the modification of standards will elapse, the grantee files an application to renew the permit pursuant to subsection B of this section.

B.

A modification of standards approval subject to lapse may be renewed for an additional one-year period; provided that the application for renewal is filed with the community development department prior to the expiration date.

C.

The community development director may approve or deny an application for renewal of a modification of standards. As part of the action, the director may also modify existing conditions of approval or add new conditions to reflect any change in circumstances related to the modification of standards and surrounding properties.

(Ord. 544 § 1(part), 2000).

19.39.630 - Reserved. ¶

DIVISION 10. - SITE PLAN REVIEW

19.39.640 - Intent and purpose.

A.

The site plan review process is established to provide a visual and factual document that may be used to determine and control the physical layout, design, and use of a lot or parcel of land, buildings, or

structures. A site plan shall contain information that may include an application form, plans, drawings and diagrams, or pictures indicating uses, forms, dimensions, and other pertinent factors sufficient to provide a document that may be used to substantiate and corroborate facts and testimony vital to the administration of this Title 19.

B.

A site plan is, or may be, required to determine whether or not a proposed development will properly comply with the provisions and development standards prescribed in this Title 19 or as prescribed by the site plan review approval.

(Ord. 544 § 1(part), 2000).

19.39.650 - Applicability. ¶

A.

General. The submission of a site plan for site plan review shall be required for the following development proposals, where no other permit or application is required:

1.

For any new building or structure in excess of twenty-five thousand square feet in area.

2.

For the enlargement of any existing building or structure which adds more than twenty-five thousand square feet of building or structure area.

3.

For the construction of any multiple-family housing development project containing five or more dwelling units.

4.

For any telecommunications antenna described in Chapter 19.27 this Title 19.

B.

Projects Involving Planning Commission Review. The community development director may require submission of a site plan for any matter that otherwise involves the approval of the planning commission.

(Ord. 544 § 1(part), 2000).

19.39.660 - Initiation. ¶

A.

An application for site plan review may be initiated by any person who is able to demonstrate a legal vested interest in the proposed application. The authorized agent of any person with a legal vested interest may

also initiate an application. The community development director may request proof of ownership or authorization to apply prior to the acceptance of any application.

B.

An application shall be filed pursuant to the provisions of Division 2 (Applications, Processing, Filings, and Fees) of this Chapter 19.39.

(Ord. 544 § 1(part), 2000).

19.39.670 - Proceedings. ¶

A.

B.

Planning Commission Consideration.

1.

The community development director shall place the site plan review application on the planning

commission agenda for consideration by the commission as a scheduled matter. No public hearing shall be required. However, notice to surrounding property owners shall be provided pursuant to the provisions of Section 19.39.140(C) of this Title 19.

2.

The planning commission shall review the application and proposal and receive evidence concerning the proposed site plan.

3.

The planning commission shall act to approve, conditionally approve, or deny the application.

4.

==> picture [411 x 552] intentionally omitted <==

(Ord. 544 § 1(part), 2000).

19.39.680 - Basis for approval.

Approval or disapproval of any site plan review application shall be based upon the following factors and principles:

Compliance with all of the applicable provisions of this Title 19, including, but not limited to, those set forth in Chapter 19.19 (Site Review and General Development Standards).

B.

Suitability of the site for the particular use or development intended.

C.

Physical layout of the total development, including the application of prescribed development standards. The project shall be so arranged to further the policies of the general plan and zoning regulations including, but not limited to, avoiding traffic congestion, ensuring the protection of public health, safety and general welfare, and preventing adverse effects on neighboring properties.

D.

Consistency with all elements of the general plan.

E.

Suitability and functional development design. However, such approval shall not be interpreted to require a particular style or type of architecture.

(Ord. 544 § 1(part), 2000).

(Ord. No. 612, § 8, 10-7-2008)

19.39.690 - Approval attached to the property. ¶

A site plan review approval that is valid and in effect and granted pursuant to the provisions of this Title 19 shall be valid only on the property for which it was granted and only for the improvements for which it is granted and further, shall continue to be valid upon change of ownership of the property or any lawfully existing building or structure on the property.

(Ord. 544 § 1(part), 2000).

19.39.700 - Modification. ¶

The applicant may apply for a modification to an approved site plan by following the same submission and application procedures for site plan review consideration. The applicant's submission shall specify the particular modifications requested and the grounds that support the modification request.

(Ord. 544 § 1(part), 2000).

19.39.710 - Revocation. ¶

The community development director shall have the authority to initiate proceedings to suspend or revoke a site plan review approval pursuant to provisions set forth in Sections 19.39.240 through 19.39.250, inclusive, of this Chapter 19.39.

(Ord. 544 § 1(part), 2000).

19.39.720 - Time limit for implementing site plan review approval.

A.

The grantee of a site plan review approval shall have one year from the effective date of the approval to establish a right to use the approval; otherwise, the approval shall lapse and shall become void. For the purposes of this section, such a right shall be established if either:

1.

A building permit has been issued and construction commenced and diligently pursued toward completion on the site for which the site plan was approved; or

2.

In the event no building permit is required, a certificate of occupancy has been issued for the structure for which the site plan was approved; or

3.

In the event no building permit or occupancy is required, the site for which the site plan was approved is occupied; or

4.

Prior to the date on which the site plan review approval will elapse, the grantee files an application to renew the permit pursuant to subsection B of this section.

B.

A site plan review approval subject to lapse may be renewed up to an additional one-year period; provided, that the application for renewal is filed with the community development department prior to the expiration date.

C.

The community development director may approve or deny an application for renewal of a site plan review approval. As part of the action, the director may also modify existing conditions of approval or add new conditions to reflect any change in circumstances related to the site plan and surrounding properties.

(Ord. 544 § 1(part), 2000).

19.39.730 - Reserved. DIVISION 11. - TEMPORARY USE AND SPECIAL EVENT PERMITS

19.39.740 - Intent and purpose.

A.

The permit processes for temporary uses and special events are established to allow certain uses to operate for limited, defined periods at locations throughout the city, provided the uses are regulated so as to avoid adverse impacts on the neighborhoods in which they locate. To ensure the mitigation of any adverse impact, even though temporary, a temporary use or special event shall not be held unless the necessary permit has been obtained from the community development director.

B.

Temporary use and special event permit applications shall only be considered for properties located within zoning districts where such temporary uses are allowed. The land use regulations contained in Chapters 19.07 through 19.17, inclusive, of this Title 19 indicate where such conditions apply.

C.

For the purposes of this Division 11, the following terms shall have the following meanings:

1.

Temporary Use Permit. A permit granted to allow the occurrence of an event, activity, or use for up to a three-day period, with the exception of carnivals, fairs, and similar uses, which shall be considered uses requiring a special use permit. During an emergency situation, and on a case by case basis, the director may extend the approval period to more than thirty calendar days, and up to a year. An applicant may apply for an extension if an emergency still exists.

2.

Special Use Permit. A permit granted to allow the occurrence of an event, activity, or use for a period of four or more days, but not exceeding thirty days in any calendar year. During an emergency situation, and on a case by case basis, the director may extend the approval period to more than thirty calendar days, and up to a year. An applicant may apply for an extension if an emergency still exists.

(Ord. 544 § 1(part), 2000).

(Ord. No. 762, § 2, 8-4-2020)

19.39.750 - Initiation. ¶

A.

An application for temporary use permit or special event permit may be initiated by any person who is able to demonstrate a legal vested interest in the proposed application. The authorized agent of any person with a legal vested interest may also initiate an application. The community development director may request proof of ownership or authorization to apply prior to the acceptance of any application.

B.

An application shall be filed pursuant to the provisions of Division 2 (Applications, Processing, Filings, and Fees) of this Chapter 19.39.

An application for a temporary use permit shall be submitted no less than five days prior to the proposed date of the event.

D.

An application for a special use permit shall be submitted no less than twenty-one days prior to the proposed first day of the event.

(Ord. 544 § 1(part), 2000).

(Ord. No. 762, § 2, 8-4-2020)

19.39.760 - Temporary use permit proceedings.

A.

Upon acceptance of a temporary use permit application as complete, the community development director or his designee shall review the application for conformance with the provisions of this Title 19. No public hearing shall be required. Based on this review, the director shall act to approve, conditionally approve, or deny the application.

B.

The decision of the community development director shall become effective immediately upon its rendering, unless an appeal is filed pursuant to the provisions of Division 4 (Appeals and Revocations) of this Chapter 19.39.

(Ord. 544 § 1(part), 2000).

(Ord. No. 762, § 2, 8-4-2020; Ord. No. 762, § 2, 8-4-2020)

19.39.770 - Special use permit proceedings.

A.

B.

Planning Commission Consideration.

1.

Except for emergency situations, the community development director shall place the special use permit application on the planning commission agenda for consideration by the commission as a scheduled matter. No public hearing shall be required.

The planning commission shall review the application and proposal and receive evidence concerning the proposed special use permit.

3.

The planning commission shall act to approve, conditionally approve, or deny the application.

4.

(Ord. 544 § 1(part), 2000).

(Ord. No. 762, § 2, 8-4-2020)

19.39.780 - Conditions of approval. ¶

In the granting of a temporary use or special event permit, conditions may be imposed on a use to include, but not be limited to:

A.

Number of days the event can occur;

B.

2.

Art and craft work (ceramics, painting, photography, sculpture, etc.);

3.

Office/information uses that involve the use of a computer, telephone, and other electronic equipment;

4.

Sewing (e.g., dressmaking, and small handcrafts); and

Other uses the director deems to be of the same general character as those listed above, and not detrimental to the applicable residential zoning district and surrounding neighborhood.

B.

Prohibited Home Occupations. The following list presents example commercial uses that are not incidental to or compatible with residential activities, are suitable only in nonresidential zoning districts, and are therefore prohibited:

1.

Barber or beauty shop;

2.

Businesses involving the breeding, grooming, harboring, raising, or training of dogs, cats, or other animals on the premises;

3.

Carpentry and cabinet making (does not prohibit a normal wood-working hobby operation);

4.

Manufacturing and/or assembly;

5.

Massage establishment;

6.

Medical and dental offices, clinics, and laboratories, with the exception of licensed therapists who meet with no more than two clients at a time and generate no more than six additional trips a day;

7.

Personal self-storage (mini storage);

8.

Plant nursery;

9.

Retail sales (e.g., stock on hand and customers coming to the home are not allowed);

10.

Vehicle repair (body or mechanical), upholstery, automobile detailing (e.g., washing, waxing, etc.) and painting. (This does not prohibit "mobile" minor repair or detailing at the customer's location);

11.

Welding and machining; and

12.

Other similar uses determined by the director not to be incidental to or compatible with residential activities.

(Ord. 544 § 1(part), 2000).

(Ord. No. 756, § 3, 12-3-2019)

19.39.840 - Conditions of approval. ¶

The planning commission shall have the authority to impose conditions on a home occupation use to ensure compliance with the intent of this Title 19, including compliance with the performance standards contained in Section 19.39.850.

(Ord. 544 § 1(part), 2000).

19.39.850 - Home occupation performance standards.

A.

Home occupations, as defined in Chapter 19.45 of this Title 19 (Definitions), are uses that generally do not interrupt or interfere with the general nature or residential character of the residential neighborhood.

B.

All permitted home occupations shall comply with the following performance standards:

1.

A home occupation business shall be conducted within a dwelling and shall be clearly incidental to the residential use of the structure. The business may be located in a garage, provided all off-street parking requirements for the applicable zoning district are met.

2.

No building or space outside of the main building shall be used for the home occupation business.

3.

The appearance of the dwelling within which the home occupation is conducted shall in no way be altered (by the use of color, materials, construction, lighting, signs, sounds, noises, vibrations, display of equipment, etc.) so that it may be reasonably recognized as serving a nonresidential use.

4.

No one other than a resident of the dwelling may be employed by a home occupation operating within that dwelling.

5.

No motor or mechanical equipment shall be permitted other than that normally incidental to the residential use of the structure.

6.

Home occupations may not generate pedestrian or vehicular traffic beyond that considered normal within the surrounding residential district.

7.

No storage of materials and/or supplies, indoors or outdoors, shall be permitted which will be hazardous to surrounding neighbors or detrimental to the residential character of the neighborhood.

8.

No more than one room in the dwelling shall be employed for the use of the home occupation.

9.

There shall be no use of utilities or community facilities beyond that normal to the use of the property for residential purposes.

10.

Home occupations may not create any radio or television interference or noise audible beyond the boundaries of the site.

11.

There shall be no outdoor storage or display of materials or equipment maintained on the premises.

12.

The conduct of a home occupation may not interfere with the maintenance of any required parking spaces, including spaces required to be provided in a garage.

13.

No direct sales shall be conducted on the premises of any home occupation.

(Ord. 544 § 1(part), 2000).

19.39.860 - Reserved. ¶

DIVISION 13. - BUILDING RELOCATION PERMIT

19.39.870 - Intent and purpose.

(Ord. 544 § 1(part), 2000).

19.39.910 - Time limit for implementing building relocation permit.

A.

The grantee of a building relocation permit shall have six months from the effective date of the approval to establish a right to use the approval; otherwise, the approval shall lapse and shall become void.

B.

C.

Merit Determination. If the cultural resource management commission determines that the proposed historic landmark or district designation has merit, the commission shall set a date for a public hearing to consider the application.

D.

Public Hearing—Cultural Resource Management Commission.

A public hearing before the cultural resource management commission shall be noticed and conducted pursuant to the provisions of Division 3 (Public Hearings) of this Chapter 19.39.

2.

At the public hearing, the commission shall review the application and receive evidence as to how or why the proposed historic landmark or district represents and exemplifies an important aspect of the cultural or architectural history of the City of Commerce or Southern California.

3.

The commission shall act by resolution to recommend to the city council approval, approval with modifications, or denial of the proposed application.

4.

The commission's resolution shall include its recommendation and shall be transmitted to the City Clerk for scheduling the matter for public hearing before the city council.

E.

Public hearing—City Council.

1.

Upon receipt of the cultural resource management commission resolution, the city clerk shall set the matter for hearing before the city council as provided for in Division 3 (Public Hearings) of this Chapter 19.39.

2.

At the hearing, the city council shall review the commission's recommendation and receive evidence as to how or why the proposed designation of a historic landmark or district furthers the goals of the city with respect to the identification and protection of important historic and cultural resources.

3.

The city council shall act by ordinance to approve, approve with modifications, or deny the application. The council's action shall be final and shall become effective upon the effective date of the ordinance.

==> picture [388 x 552] intentionally omitted <==

(Ord. 544 § 1(part), 2000).

19.39.960 - Findings.

In acting to approve designation of a historic landmark or district, the city council shall make one or more of the following findings:

That the resource exemplifies or reflects special elements of the city's or region's cultural, social, economic, political, aesthetic, engineering, or architectural history; or

B.

That the resource is identified with persons or events of significant local, state, or national history; or

C.

That the resource has characteristics of a style, type, method of construction or is an example of indigenous materials or craftsmanship; or

D.

That the resource represents a notable aesthetic work of a builder, architect, or designer.

(Ord. 544 § 1(part), 2000).

19.39.970 - Reserved. DIVISION 15. - SPECIFIC PLANS ¶

19.39.980 - Intent and purpose. ¶

The city recognizes that certain parcels in Commerce may benefit from focused planning efforts whereby infrastructure, land use relationships, land use intensities, and public service needs can be carefully examined and planned in a comprehensive manner. The specific plan provides a mechanism to carry out such planning efforts. The purpose of this Division 15 is to establish uniform procedures and guidelines for specific plans prepared pursuant to Title 7, Division 1, Chapter 3, Article 8 of the California Government Code.

(Ord. 544 § 1(part), 2000).

19.39.990 - Application requirements. ¶

A.

A minimum project size of two acres is required for a specific plan.

B.

A pre-application conference with the community development director or his designee is required prior to the formal submission of a specific plan application. The purpose of the meeting is to review with the applicant the city's requirements for specific plan content, applicable policies, infrastructure needs, and other information as determined by the community development director.

C.

In addition to a formal application completed pursuant to Division 2 of this Chapter 19.39, the applicant shall submit a draft specific plan containing text and diagrams with all information specified in Section

65451 and 65452 of the Government Code, as well as information, standards, requirements, etc., required by the city.

(Ord. 544 § 1(part), 2000).

19.39.1000 - Adoption and amendments. ¶

A.

Adoption of a specific plan and subsequent amendments thereto shall be processed in the manner required for a general plan amendment, as set forth in Division 6 of this Chapter 19.39.

B.

No application for a specific plan amendment will be accepted unless accompanied by a development proposal for all or a portion of the area included within the proposed amendment area.

C.

The city may initiate amendments to any portion of a specific plan. In the case of such a city-initiate amendment, no associate project is required.

(Ord. 544 § 1(part), 2000).

19.39.1010 - Changes to a specific plan requiring an amendment.

The following changes to a specific plan shall require a specific plan amendment:

A.

Changes to the text or maps other than the addition of information that does not change the effect of any regulation.

B.

"'A' band level" means the total sound level of all noise as measured with a sound level meter using the "A" weighting network. The unit is the dbA.

"Abandon" means to cease to use, operate, or occupy.

"Abatement" means the act or process of putting to an end the use of a structure, sign, or business that fails to comply with the provisions of this Title 19.

"Abut" or "abutting" means a parcel of land having a common boundary or lot line with another parcel of land.

"Access" means the place, means, or way by which pedestrians and/or vehicles have ingress and egress to a property or use.

"Accessory building or structure" means a building or structure or portion thereof that serves a secondary purpose to that of the principal building on the same lot.

"Accessory living quarters" means a dwelling structure used for living quarters of managers, security personnel, or caretakers for the nonresidential use that is the primary use of the property.

"Accessory use" means a use of a lot or building or portion thereof that is incidental, related, or subordinate to the principal use of the lot or building on the same lot.

Acreage, Gross. "Gross acreage" means the total land area within a defined boundary before the exclusion of public rights-of-way, public parks, and public school sites.

Acreage, Net. "Net acreage" means that portion of gross acreage exclusive of public streets and all public lands and rights-of-way. The area within the lot lines of a lot exclusive of any dedications for public rightsof-way, public parks, and public school sites.

"Addition" means any construction that is attached to an existing building or facility and which increases the size or capacity of a building or facility in terms of site coverage, height, length, width, or gross floor area.

"Adjacent" or "adjoining" refers to a lot or parcel of land which is separated by one or more lots or parcels of land by an alley, street, highway, or easement.

"Adult business" or "adult entertainment enterprise" means adult business or businesses, and any related or associated activities, shall be defined as set forth in Chapter 5.58 of the Commerce Municipal Code.

"Advertising display" means signs, banners, or sign structures used for announcements, business, names, services, or products, including:

1.

"Outdoor advertising display" means a sign, display of merchandise, or device that is placed on the ground, tree, wall, rock, outside of a structure, or other object that is open to public view.

2.

"Outdoor advertising structure" means a structure of any kind or character on which an outdoor advertising display is placed; a sign structure.

"Affordable ownership costs" means average annual housing costs, including mortgage payments, property taxes, homeowners insurance, and homeowners' association dues, if any, which do not exceed the following:

Very low income households: Fifty percent of area median income, adjusted for assumed household size based on unit size, multiplied by thirty percent.

Lower income households: Seventy percent of area median income, adjusted for assumed household size based on unit size, multiplied by thirty percent.

Moderate income households: One hundred ten percent of area median income, adjusted for assumed household size based on unit size, multiplied by thirty-five percent.

"Affordable rent" means annual rent, including utilities and all fees for housing services, which does not exceed the following:

Very low income households: Fifty percent of area median income, adjusted for assumed household size based on unit size, multiplied by thirty percent.

Lower income households: Sixty percent of area median income, adjusted for assumed household size based on unit size, multiplied by thirty percent.

"Affordable units" are dwelling units which are affordable to very low, lower, or moderate income households as defined by this Article or by any federal or state housing program and are subject to rental, sale, or resale restrictions to maintain affordability.

Aisle, Drive. "Drive aisle" means an open passageway within a parking lot used to access parking spaces and parking lot ingress/egress points.

"Alley" means a public or private right-of-way less than forty feet wide that provides a permanently reserved but secondary means of access to abutting lots.

"Alteration" means an exterior or interior change or variation of the structural or architectural features or visual characteristics of a building or structure, including but not limited to the following:

1.

Changes in paint, color, or surface texture;

2.

Site grading or surface painting;

3.

Moving or removing interior walls or partitions;

4.

Addition of new structures or rooms;

5.

Cutting or removal of trees or other natural features;

6.

Disturbance of archaeological sites; and

7.

Placement or removal of objects such as signs, plaques, light fixtures, street furniture, walls, fences, steps, planting or landscape accessories that affect the exterior visual qualities of a property.

"Ambient noise level" means the overall noise level within a given environment, as a composite of sounds from all sources.

"Amendment" means a change in the wording, context, or substance of this Title 19 or a change in the boundaries or classification on the zoning maps that are part of this Title 19, when adopted by ordinance of the city council and in the manner prescribed by law.

"Amortization" means a method of eliminating nonconforming uses and structures by requiring the termination of the use or demolition of the structure after a specified period of time.

"Amusement arcade" means a business, place, or location where four or more coin-operated amusement games are available for public use; or a business, place, or location where three or more coin-operated amusement games are available for public use if such games provide the business with more than fifty percent of its gross revenue.

Amusement Game Machine, Coin-Operated. "Coin-operated amusement game machine" means any mechanical, electric, or electronic device which, upon insertions of a coin, slug, token, or similar object, operates as a game contest or amusement through the exercise of chance or skill.

Animal, Domestic. "Domestic animal" means an animal that is commonly maintained in residence with human persons, as permitted by the Municipal Code.

Animal Hospital. See "Veterinary clinic."

Animal, Wild. "Wild animal" means an exotic, dangerous, or nondomestic species of mammal, fowl, fish, reptile, or other species.

"Antenna" means any system of wires, poles, rods, reflecting discs or similar devices used for the transmission, reception, or both of electromagnetic radiation waves.

"Apartment" means one or more rooms, with kitchen facilities, comprising an independent, self-contained dwelling unit located within a multiple dwelling structure.

Apartment, Bachelor or Efficiency. "Bachelor or efficiency apartment" means one room with a private bath, with or without kitchen facilities, located within a multiple dwelling structure.

Apartment House. See Dwelling Structure, Multiple.

"Applicant" means a developer or applicant for a density bonus who seeks and agrees to construct a qualified housing development on or after the effective date of this article pursuant to Section 65915, subdivision (b), of the California Government Code.

"Application rate" means the rate of irrigation (inches/hour or gallons/minute) at which water is applied by an irrigation system.

"Appurtenance" means a subordinate or adjunct portion of a structure.

Arcade. See "Amusement arcade."

Architectural Feature, Exterior. "Exterior architectural feature" means an architectural element embodying style, design, or general arrangement; a component of the outer surfaces of a structure or object including

the kind, color, or texture of building materials and the type and style of windows, doors, lights, signs, and other appurtenant fixtures.

"Area median income" means area median income for Los Angeles County as published by the State of California pursuant to California Code of Regulations, Title 25, Section 6932, or a successor provision.

"Arterial street" means a street with access control, channelized intersections, and restricted parking, developed consistent with standards set forth in the commerce general plan.

"Assumed household size based on unit size" means a household of one person in a studio apartment, two persons in a one bedroom unit, three persons in a two bedroom unit, and one additional person for each additional bedroom thereafter.

"Attic" means that part of a building immediately below or partly within the roof framing.

"Auction house" means a business operating as either a full-time enterprise or a temporary use, involved in the public sale of property to the highest bidder.

"Auditorium" means a room intended for public assembly, lectures, entertainment, dance, or similar uses.

"Authorized agent of owner" means a person who has written authorization to act for, make commitments for, speak for, or make representations for the owner of a property.

"Automobile impound yard" means a facility designated by a public agency as a temporary storage for vehicles legally removed or impounded by a peace officer or local official from a public or private property.

Automobile Repair Garage. See Repair Garage, Vehicle.

Automobile Service Station. See "Service station."

"Automobile wrecking or salvage yard" means any premises used for the dismantling or wrecking of vehicles required to be registered by the State Vehicle Code, including the buying, selling, dealing, storage, or dumping of such vehicles or the integral parts or components.

"Awning" means a roof-like cover above a window or door that projects from the exterior wall of a building and serves as a shield from the elements.

(Ord. 544 § 1(part), 2000).

(Ord. No. 656, § 10 (Exh. G), 11-19-2013)

19.45.030 - "B" Definitions.

"Balcony" means a platform projecting from a building, supported from below or cantilevered, enclosed with a railing or banister, with or without direct access from the building it is attached to.

Bar. See "Tavern."

"Basement" means a story of a structure with a floor level lower than the outside ground level and a ceiling level above the outside ground level. A basement shall be counted as a story for all dwelling, business, or

manufacturing purposes.

"Bedroom" means any habitable room, space, or area of a dwelling unit or accessory structure which is seventy square feet or greater in size and which is located along an exterior wall, but not including the following: hall, bathroom, kitchen, dining room (in proximity to kitchen, maximum of one per dwelling unit), living room (maximum of one per dwelling unit), and family room (maximum of one per dwelling unit). The director of community development may grant exceptions if a room by its design cannot function as a bedroom. The director of community development shall make the final determination as to the applicability of this definition.

"Block" means a parcel of land bounded on all sides by intersecting streets, or by at least one street and any combination of the following:

1.

Rights-of-way, except that alleys, railroads, and utility rights-of-way shall not be considered boundaries that define a block.

2.

Waterways;

Terminus of a dead-end street; or

4.

City boundaries.

"Boardinghouse" means a building where lodging and meals are provided for a fee to three or fewer persons not related to the owner or lessor of the facility, excluding rest homes and convalescent homes.

"Buffer strip or zone" means a landscaped area used to screen the visual, noise, dust, light, or other adverse impacts of one land use from adjacent properties.

"Building" means a structure with a roof, excluding vehicles even though immobilized.

Building, Conforming. "Conforming building" means a building that fully meets the applicable standards of all codes and ordinances in effect.

Building Coverage. See "Lot coverage."

Building, Detached. "Detached building" means a freestanding building not attached to any other building or structure.

"Building frontage" means the exterior side of a building from which that building's address is taken, usually the side facing a public street or front yard.

"Building height" means the vertical distance of a building measured from the average elevation of the finished grade to the roof point indicated in Figure 19.45.020-1.

==> picture [288 x 275] intentionally omitted <==

Building, Main, Principal, or Primary. "Main, principal or primary building" means the building on a lot that contains the primary use of the lot as permitted by this Title 19. See "Principal building/structure."

"Building setback line" means a line within a lot, as determined under the standards of this Title 19, that delineates the area between this line and the street centerline within which no buildings or portions thereof can be located.

"Bulk storage" means the warehousing of materials or finished goods in an enclosed structure.

"Bumper guard" means a low fence or pole placed at the front of a parking stall to prevent vehicles from rolling forward.

"Business" or "commerce" means the purchase, sale, or other transaction involving the handling or disposition of an article, service, or product for livelihood or profit; the management of business facilities such as office buildings, offices, or recreational or amusement arcades.

"Business frontage" means that portion of a building frontage occupied by a single business tenant having a public entrance within the building frontage.

(Ord. 609 § 4, 2007; Ord. 544 § 1(part), 2000).

19.45.040 - "C" Definitions.

"Camper" means a structure, mounted on wheels or on a motor vehicle, that provides facilities for camping or temporary living quarters.

"Canopy" means a roof-like structure that projects from the wall of a building for the purpose of shielding a doorway or window from the elements.

"Canopy structure" means a freestanding exterior shade structure that consists of a cover made from canvas, fabric, plastic, rubber, nylon acetate or other pliable material that is fitted over a freestanding metal, plastic or PVC frame.

"Card club" means a business or enterprise licensed by the city where legal gaming is conducted. See also "Gaming or gambling establishment."

"Carport" means a permanently roofed structure with no more than two enclosed sides that is used for automobile storage and shelter, including structures used for the protection and convenience of loading and unloading passengers or cargo.

"Car wash" means an establishment providing facilities for the washing of motor vehicles that is open to the public, including, but not limited to full automated tunnel car washes, automated coin or token operated car washes, automated (program selector) code number generated car washes, hand car washes, one-half automated and one-half hand car washes and indoor car washes.

Car Wash, Mobile. "Mobile car wash" means a vehicle with a water transportable treatment system approved by the Los Angeles County Waste Management Division.

Car Wash, Self-service. "Self-service car wash" means a car wash wherein the customer provides labor and where no self-propelled wash racks are provided, including but not limited to, self-service (coin/token operated) car washes.

Car Wash, Temporary. "Temporary car wash" means a car wash event that is not intended to serve as the primary use of the lot, and takes place within a limited time period.

Casino. See "Card club."

Cellar. See "Basement."

"Cemetery" means any property used for the burial or interment of the dead, including crematories, mausoleums, columbaria, mortuaries, or chapels operated in connection with and located within the cemetery grounds.

"Change of use" means a transition from one business or occupancy within a structure or leasable space to another business or occupancy.

"Child care center" means a day care facility not conducted in a residence in which nonmedical care and supervision is provided for children between the ages of two and eighteen in a group setting on a less than twenty-four-hour basis. See also Day Care Home, Large Family, and Day Care Home, Small Family for other types of care facilities.

"Child care facility" means a child day care facility other than a family daycare home including, but not limited to, infant centers, preschools, extended day care facilities, and school age child care centers.

"Child care nursery" means a child care center for children less than two years old.

"Church" means any property used for regular religious worship and related activities, maintained and controlled by a religious body organized to support public worship.

"Clinic" means an organized outpatient health facility for human patients who remain therein less than twenty-four hours.

Club, Private or Public. "Private or public club" means a building or premises used by an incorporated or unincorporated group of persons organized for the purposes of promoting literature, science, politics, good fellowship, or other common cause, excluding services customarily carried on as a business.

"Common interest development" bears the same meaning as defined in Section 1351 of the California Civil Code.

"Community care facility" means any facility, place, or building which is maintained and operated to provide nonmedical residential care, day treatment, adult day care, foster care, or agency services to children and/or adults including, but not limited to, physically handicapped, mentally impaired, the mentally incompetent, substance abusers, battered persons, and abused or neglected people.

"Community garden" is a piece of land, public or private, where plants are grown and maintained by a group of individuals in the community. Community gardens may produce food for individual consumption or food for sale, may be designed for beautification of the community, and/or may be used for educational purposes.

"Conditional use" means a use permitted on a particular site and within a zone only upon a finding that such use in a specified location will comply with all the conditions and standards for the location or operation of such use as specified in this Title 19 and authorized by the city council.

"Conditional use permit" means an approval that is required for a use to be carried out in a particular zone that is not a use permitted by right.

"Condominium" means the interior airspace of two or more dwelling units that are individually owned and where the balance of the property is owned in common by the owners of the units.

"Construction" means the assembly, erection, substantial improvement, alteration, or similar action of a building or structure. This excludes demolition, but includes excavation, fill or drainage work, and similar activities.

"Contiguous" means adjoining; one or more parcels having a common boundary or lot line.

"Contour" means a line drawn on a plan that connects all points of equal elevation above or below a known or assumed reference point.

Control Valve, Automatic. "Automatic control valve" means a valve in the irrigation system that is activated by an automatic electric or hydraulic controller.

"Controller" means an automatic, enclosed timing device that signals automatic valves to open and close on a pre-set program.

"Convalescent home or hospital" means a state-licensed facility that provides long-term nursing, dietary, and other medical services, except surgery or primary treatments customarily provided in a hospital, to convalescents or invalids.

"Cooperative apartment project" means a residential project on a parcel of land where owners have an undivided interest in the land and structure and rights to the exclusive occupancy of apartments on site.

"Corner cut-off" means a triangular area of a corner lot at a street intersection that is formed by the front and side lot lines and a diagonal line between them. For rounded corners, the front and side lot lines are extended to form the corner cutoff.

"Court" means an unoccupied, uncovered area bounded on two or more sides by the exterior walls of a building. If all sides of a court are bounded by the exterior walls of a building, the court is considered an inner court.

Coverage. See "Lot coverage."

"Cul-de-sac" means the turnaround at the end of a dead-end street.

"Curb cut" means the opening along the curb line at which point vehicles may enter or leave a roadway.

"Cycle" means in irrigation, the complete operation of a controller station.

(Ord. 544 § 1(part), 2000).

(Ord. No. 628, § 1, 10-19-2010; Ord. No. 656, § 10 (Exh. G), 11-19-2013)

19.45.050 - "D" Definitions.

Day Care Center. See "Child care center."

Day Care Home, Large Family. "Large family day care home" means a residential home that is licensed by the State of California as a large family day care home to provide family day care, in the provider's own home, of up to fourteen children, including children under the age of ten years who reside at the home.

Day Care Home, Small Family. "Small family day care home" means a residential home that is licensed by the state of California to provide family day care, in the provider's home, of up to eight children, including children under the age of ten years who reside at the home.

Day Nursery. See "Child care nursery."

"Decibel" ("db") means a unit or level that denotes the ratio between two quantities that are proportional to power; the number of decibels corresponding to the ration of two amounts of power is ten times the logarithm to the base 10 of this ratio.

Deck, Raised. See Patio, Elevated.

"Dedication" means the giving of property for the purpose of providing public improvements consistent with approved city master plans or capital improvement programs.

"Demolition" means the dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way surfaces, or similar property.

"Density" means the total number of permanent residential dwelling units per acre of land, exclusive of all existing public streets and rights-of-way.

"Density bonus" means a density increase over the otherwise allowable zoning maximum residential density on a site as of the date of application by the applicant to the city, granted pursuant to this article. See Section 19.07.150.

"Density bonus units" means dwelling units granted pursuant to Section 19.07.170 which exceed the otherwise allowable zoning maximum residential density for a housing development.

"Department store" means a retail facility that sells clothing, appliances, furniture, or other household items through a variety of separate departments, owned by a single corporate entity and operated entirely within one building or structure as one commercial use.

"Development" means a manmade change to a piece of real property that involves the construction, reconstruction, alteration, or removal of a building or structure, including mining, dredging, filling, grading, paving, excavation, or frilling operations.

Development Standards. See Standards, Development.

"Director" means the director of the community development department of the City of Commerce.

Distribution Center. See "Warehouse."

"Driveway" means a private roadway or access way providing vehicular access to a parking space, parking lot, garage, or other parking area.

Drug Store. See "Pharmacy."

Duplex. See Dwelling, Two-Family.

"Dwelling" or "dwelling unit" means any building or portion thereof designed for living and sleeping purposes that contains independent cooking and sanitation facilities.

Dwelling, Multiple-family. "Multiple-family dwelling" means a building or a portion thereof containing three or more dwelling units designed for the independent occupancy of three or more households.

Dwelling, Second Unit. "Second unit dwelling" means an attached or detached accessory dwelling unit in the R-1 zone that provides independent living facilities for one or more persons, and which was added to the parcel sometime after construction of the primary residence on that lot was completed.

Dwelling, Single-family. "Single-family dwelling" means a detached building containing no more than one dwelling unit which, regardless of form of ownership, is designed and/or used to house not more than one household, including all domestic employees of such household.

Dwelling, Two-family. "Two-family dwelling" means a building containing two dwelling units designed for the independent occupancy of two households.

(Ord. 544 § 1(part), 2000).

(Ord. No. 656, § 10 (Exh. G), 11-19-2013)

19.45.060 - "E" Definitions.

"Easement" means a portion of a lot that is reserved or used for utility rights-of-way, access, or any public or private use, as indicated on a subdivision map, deed restriction, or other recorded document.

Eating and Drinking Establishment. See "Restaurant" and "Tavern."

"Eave" means the projecting lower edges of a roof overhanging the wall of a building.

Educational Institution, Private. "Private educational institution" means an institution such as a school, college, or university operated for profit that is accredited by the State Board of Education to give academic instruction. See "School."

Educational Institution, Public. "Public educational institution" means an institution such as a school, college, or university supported in whole or in part by public funds that is accredited by the State Board of Education to give academic instruction. See "School."

"Electric distribution substation" means an assembly of equipment that may include microwave facilities that is part of a system of distributing electric power. The facility receives electric energy at a subtransmission voltage and transforms it to a lower voltage before distribution for general consumer use.

"Electric generating facility" means an installation containing prime movers, electric generators, auxiliary equipment, fuel storage, or microwave facilities that converts mechanical or chemical energy into electrical energy.

"Electric transmission substation" means an assembly of equipment that may include microwave facilities that is part of a system for transmitting electric power. The substation receives high voltage electric energy and transforms it to a low subtransmission voltage for large consumption by industrial consumers. The substation also serves as an interchange connection with an electric distribution substation.

"Emergency shelter" means a facility that provides immediate and short-term housing and supplemental services to homeless persons or families. Supplemental services may include food, counseling, and access to social programs.

"Emergency work" means work that is necessary to remedy an existing hazard or to restore property to a safe condition, including work needed to restore utility service.

"Encroachment" means an intrusion on the rights or possessions of another; advancing beyond the proper or prescribed limits as defined under this Title 19.

"Entertainment establishment" means a place of business that provides any form of live performance, exhibition, show, or act, including but not limited to the playing of musical instruments; singing; dancing; performing in a play, sketch, or scene; reciting prose or poetry; or exhibiting any clothing, wearing apparel, or costumes for the purpose of gaining, diverting, or holding the attention of guests, patrons, or invitees. A

business or use shall be considered an entertainment establishment if such entertainment is either the primary business conducted on the premises or is provided in conjunction with any other primary business.

"Existing use" means the use of a lot or structure at the time of enactment of this Title 19 or any ordinance amending Title 19.

(Ord. 544 § 1(part), 2000).

19.45.070 - "F" Definitions.

"Facade" means the exterior wall of a building exposed to public view.

"Family" is defined as one or more persons, related or unrelated, living together as a single integrated household in a dwelling unit.

Family Day Care Home. See Day Care Home, Large Family and Day Care Home, Small Family.

"Fence" means an artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.

Fill, Solid or Inert. "Solid or inert fill" means noncombustible materials that are insoluble in water and can be used for grading land or filling depressions, including soil, rock, sand, and gravel materials.

"Financial institution" means an establishment or facility for the custody, loan, exchange, or issue of money; for the extension of credit; and for facilitating the transmission of funds.

Finished Grade. See Grade, Finished.

Floor Area, Habitable. "Habitable floor area" means a floor area used for working, sleeping, eating, cooking, or recreation. This does not include areas used exclusively for storage, hallways, and bathrooms.

"Floor area ratio" means the total gross area of all buildings on a lot divided by the lot area (FAR). For the purpose of calculating floor area, floor area shall (1) not include exterior courts, garages, carports, elevator shafts, and stairwells; and (2) be calculated based on the exterior faces of walls (see Figure 19.45.070-2).

==> picture [444 x 320] intentionally omitted <==

"Footcandle" means the unit of illumination when the foot is the unit of length.

"Foster home" means a residence used for the twenty-four-hour care of children unrelated to the household but containing no more than six children total, including children related to the household.

"Freeway" means a divided arterial highway for through traffic, with full control of access and grade separations at intersections.

Freeway, Landscaped. "Landscaped freeway" means a section of a freeway in which at least one side of the right-of-way is improved by the planting of ornamental vegetation for soil erosion control, traffic safety, fire hazard reduction, noise abatement, or other reasons.

"Frontage" means that portion of a structure facing a public street and from which the building address is taken.

Frontage Road. See "Service road."

(Ord. 544 § 1(part), 2000).

(Ord. No. 656, § 10 (Exh. G), 11-19-2013)

19.45.080 - "G" Definitions.

"Gaming or gambling establishment" means any premises whereon activities are undertaken involving banking or percentage games played with cards, dice, or any mechanical device or machine for money or property or any representative of value.

Garage, Private. "Private garage" means an accessory building or portion thereof enclosed on all sides designed for the shelter or storage of vehicles owned and operated by the occupants, tenants, or customers of the primary building on the lot.

Garage, Public. "Public garage" means a building other than a private garage where vehicles are sheltered or stored.

"Garment manufacturing" means sewing, cutting, making, processing, repairing, finishing, assembling, or otherwise preparing any garment or any article of wearing apparel or accessories designed or intended to be worn by any individual, including but not limited to clothing, hats, gloves, handbags, hosiery, ties, scarves, and belts, for sale or resale by any person or persons contracting to have the above operations performed.

"General plan" means the general plan of the City of Commerce, adopted pursuant to the State of California Government Code Section 65301 et seq., and adopted by the city council.

Grade, Existing. "Existing grade" means the elevation of the ground surface prior to alteration to accommodate a development project.

Grade, Finished. "Finished grade" means the average of the ground levels at the different midpoints of the exterior walls of a building. If the foundation line of a wall is parallel to and within five feet of a sidewalk, the ground level for that wall shall be measured at the sidewalk.

"Grading" means earthwork performed to alter the natural contours of an area to be planted.

"Grand opening" means a promotional activity not exceeding thirty calendar days used by newly established businesses, within two months of initial occupancy, to inform the public of their location and services available to the community. "Grand opening" does not mean an annual or occasional promotion of retail sales by a business.

"Greenhouse" means a building or structure with predominantly glass roof and walls built for the propagation and cultivation of plants.

"Gross leasable area" means the total floor area for which a tenant pays rent and which is used for the tenant's occupancy and exclusive use.

"Guest room" means a bedroom used by two or fewer guests.

(Ord. 544 § 1(part), 2000).

19.45.090 - "H" Definitions.

"Habitable floor area" means as defined in the building code.

"Hardscape" means decorative elements that may be combined with landscaping to satisfy the landscaping requirements of this Title 19. Hardscape elements include, but are not necessarily limited to, natural features such as rock and stone; and structural features such as fountains, reflecting pools, swimming pools, art works, screens, walls, fences, benches, and crushed granite.

"Hazardous material or waste" means any substance that, because of its quantity, concentration, or physical or chemical characteristics, is flammable, corrosive, explosive, toxic, or infectious, and poses a significant present or potential hazard to the health or safety of humans, domestic livestock, or wildlife, including those materials so defined pursuant to the State Health and Safety Code, Section 25117.1, or the federal government.

"Health club" means a facility that provides equipment or physical space for the conduct of sports, exercise, leisure activity, and recreation, and may also provide space and personnel for health services such as massage, hydrotherapy, and similar personal services. Health club includes sports club, health, spa, bath house, sauna, massage establishment and any similar use providing exercise, spa, and related facilities and services.

Height. See "Building height."

"Heliport" means a licensed helicopter landing area used or designed for receiving or discharging passengers and cargo on a regular basis, including helicopter repair, shelter, storage, or servicing areas and incidental facilities for passengers and cargo.

"Helistop" means a licensed helicopter landing area used or designed for receiving or discharging passengers and cargo on an intermittent basis, including shelter areas for passengers.

Highway, Major. "Major highway" means a state-owned road designated as a major highway in the master plan of highways of the city.

Highway, Secondary. "Secondary highway" means a state-owned road designated as a secondary highway in the master plan of highways of the city.

"Historic district" means an area containing improvements that have a special historical or aesthetic value or that represent an architectural period or style typical of the history of the city, as designated by the cultural resource management commission.

"Historic landmark" means a place, building, structure, work of art, or other object having a special character or historical or aesthetic value within the meaning of California Government Code Section 37361.

"Historic site" means a parcel or part thereof on which a landmark is located, and any abutting parcel constituting the premises of the landmark, as designated by the cultural resource management commission.

"Home occupation" means any commercial activity conducted entirely within a particular dwelling by the inhabitants of that dwelling. Home occupations are incidental uses that do not change the character of the dwelling nor adversely affect permitted uses in adjacent areas.

"Hospital" means a health facility having a duly-constituted governing body with overall administrative and professional responsibility and an organized medical staff which provides 24-hour inpatient care, including the following basic services: medical, nursing, surgical, anesthesia, laboratory, radiology, pharmacy, and dietary services.

Hospital, Mental. "Mental hospital" means a health facility having a duly-constituted governing body with overall administrative and professional responsibility and an organized medical staff that provides twentyfour-hour inpatient care for mentally disordered, incompetent, or other patients referred to in Division 5 (commencing with Section 5000) or Division 6 (commencing with Section 6000) of the State Welfare and Institutions Code, including medical, nursing, rehabilitative, pharmacy, and dietary services.

"Hotel" means a building or group of buildings containing six or more guest rooms, where no more than two rooms or five percent of the total number of rooms have kitchens. Hotels offer transient lodging accommodations to the general public and may or may not provide incidental services such as meals.

"Household income" means the combined adjusted gross household income for all adult persons living in a dwelling unit as calculated for the purpose of the Section 8 program under the United States Housing Act of 1937, as amended, or its successor provision.

Household Pet. See "Domestic animal."

"Housing development" means one or more groups of projects for dwelling units in the planned development of the city. "Housing development" also includes a subdivision or common interest development, as defined in Section 1351 of the California Civil Code, approved by the city and consisting

of dwelling units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, as defined in subdivision (d) of Section 65863.4, where the result of the rehabilitation would be a net increase in available dwelling units. For the purpose of calculating a density bonus, the dwelling units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels.

"Hydrozone" means a portion of a planted area with plants grouped according to water need.

(Ord. 550 § 14, 2000; Ord. 544 § 1(part), 2000).

(Ord. No. 656, § 10 (Exh. G), 11-19-2013)

19.45.100 - "I" Definitions.

"Improvement" means any construction, building, paving, or landscaping activity which materially adds to the value of a facility, substantially extends its useful life, adapts it to new uses, or enhances its physical attributes.

Improvement, Substantial. "Substantial improvement" means a repair, improvement, or reconstruction of a structure that will cost more than fifty percent of the original structure's market value. For restoration work, the market value is determined before the damage occurred. This does not include alterations needed to comply with state or local health, sanitary, building, or safety codes, or work on structures listed in the national or state register of historic places. The first alteration of any wall, floor, or structural part, even if it does not affect the external parts of the structure, shall be considered the start of substantial improvement.

"Incentives and concessions" are regulatory concessions as listed in Section 19.07.220.

"Infiltration rate" means the rate (inches/hour) in which water moves through soil under natural conditions.

"Institution" means an establishment maintained and operated by a society, corporation, individual, foundation, or public agency for the purpose of providing charitable, social, educational, or similar services to individuals, groups, or the general public.

"Irrigation system" means a complete connection of system components, including the water distribution network, any necessary irrigation equipment, and those portions of the system located downstream from the backflow prevention device.

Irrigation System, Automatic. "Automatic irrigation system" means an irrigation system that can be controlled without manual manipulation and that operates on a pre-set program.

(Ord. 544 § 1(part), 2000).

(Ord. No. 656, § 10 (Exh. G), 11-19-2013)

19.45.110 - "J" Definitions.

"Junk" means any scrap, waste, reclaimable material, or debris, whether or not stored or used in conjunction with dismantling, processing, salvage, storage, baling, disposal, or other use or disposition.

Junk Yard. See "Salvage yard."

(Ord. 544 § 1(part), 2000).

19.45.120 - "K" Definitions.

"Kennel" means any public or private facility where four or more dogs or other domesticated animals are kept, boarded, or trained, with or without the payment of a fee, for the off-premises owners of such animals.

"Kiosk" means a freestanding structure upon which temporary information and/or posters, notices, and announcements are posted.

"Kitchen" means any room or portion of a room used for cooking or food preparation.

(Ord. 544 § 1(part), 2000).

19.45.130 - "L" Definitions.

"Laboratory" means a building or portion of a building that contains facilities for the testing and analysis of a product, person, animal, or part thereof.

"Landscape designer" means a person qualified to practice landscape architecture and/or irrigation design.

"Landscape plan" means a plan for landscaping of a parcel that identifies the location, spacing, number, and container size of all plant materials to be planted, including common and botanical names.

Landscape, Rehabilitated. "Rehabilitated landscape" means any planting area in which fifty percent of existing landscape materials are replaced or modified within any twelve-month period. Examples include a change of plants or ground cover, installation of a new irrigation system, and grading modifications.

"Landscaping" means areas devoted to, or developed and maintained predominantly with, native or exotic plant materials including lawn, ground cover, trees, shrubs, and other plant materials. Landscaping may also include small amounts of accessory decorative outdoor landscape elements (i.e., hardscape) such as pools, fountains, and paved or decorated surfaces, all of which are suitably designed, selected, installed, and maintained to enhance a site.

"Laundromat" means an establishment providing washing and drying machines on the premises for rental use to the general public for the laundering of clothes.

"Live/work development" is a development that provides for a live/work environment with ground floor office/retail/commercial in the same building as a single-family attached or multi-family attached dwelling unit. The ground floor office/retail/commercial area may be used as a separate dwelling unit.

"Loading space" means an off-street space or berth on the same lot as the building(s) it services that is used for the temporary parking of a commercial vehicle while loading or unloading merchandise, materials, or people.

"Lot" means a parcel that is separately owned or has been legally divided from a piece of real property according to the requirements of state law and the Commerce Municipal Code as shown on the recorded plat in the office of the county of Los Angeles.

"Lot area" means the total extent of the surface of a parcel of land within its lot lines as measured on a horizontal plane.

Lot, Corner. "Corner lot" means a lot or parcel of land abutting upon two or more streets at their intersection (see Figure 19.45.130-3).

==> picture [372 x 241] intentionally omitted <==

"Lot coverage" means the percentage of the total lot area that is covered by all the buildings and structures on that lot.

Lot, Cul-de-Sac. "Cul-de-sac lot" means a lot located at any position on the circular portion of a cul-de-sac street.

"Lot depth" means the average distance between the front and rear lot lines measured in the mean direction of the side lot lines.

Lot, Flag. "Flag lot" means a lot with access to a street by means of a private driveway, access easement, or parcel of land with a minimum width of twenty feet.

"Lot frontage" means the length of the defined front lot line measured at the street right-of-way line.

Lot, Interior. "Interior lot" means a lot bounded on one side by a street or easement that the planning commission has determined is adequate for access.

Lot, Key. "Key lot" means an interior lot adjacent to the rear lot line of a reversed corner lot.

Lot, Reverse Corner. "Reverse corner lot" means a corner lot with a side lot line that is substantially a continuation of the front lot line of the key lot that abuts the reversed corner lot.

Lot, Substandard. "Substandard lot" means any lot that does not meet the minimum dimensions required by the Municipal Code.

Lot, Through. "Through lot" means an interior lot that fronts upon two streets that do not intersect at the boundaries of the lot.

Lot Area or Size, Net. "Net lot area or size" means the area within a lot exclusive of any dedications for public rights-of-way, public parks, and public school sites.

"Lot length" means the average horizontal distance between the front and rear lot lines, measured at right angles to the front lot line.

"Lot line" means any line bounding a lot as defined herein.

Lot Line, Front. "Front lot line" means the lot line abutting the street of an interior lot; the shortest lot line abutting the street of a corner lot; any lot line abutting the street of a through lot.

Lot Line, Rear. "Rear lot line" means the lot line opposite and most distant from the front lot line; or in the case of an irregularly shaped lot, a straight line not less than ten feet long entirely within the lot and most nearly parallel to, and at the maximum distance from, the front lot line.

Lot Line, Side. "Side lot line" means any lot line other than the front or rear lot lines.

Lot, Unimproved. "Unimproved lot" means a lot or real property for which the county assessor has determined a zero value for all improvements thereon.

"Lot width" means the average linear distance between the side lot lines measured at the midpoint and at right angles to the line measuring lot depth.

"Low-water-flow irrigation" means a system of watering plant material using drip/trickle, reduced water emitting devices, low precipitation heads, soaker lines, or other similar mechanisms that restricts the

amount of water in gallons per minute to allow for deep percolation into the soil. The low water flow irrigation system, combined with watering practices outlined in this zoning ordinance, will reduce water loss through evaporation, wind drift, and overwatering.

"Lower income household" shall have the same meaning as provided in California Health and Safety Code Section 50079.5.

(Ord. 544 §1(part), 2000).

(Ord. No. 656, § 10 (Exh. G), 11-19-2013)

19.45.140 - "M" Definitions.

"Mall" means a shopping center in which stores front on both sides of a pedestrian way and which may be either open or enclosed.

"Manufacture" means to assemble, fabricate, compound, process, treat, or manufacture.

"Market-rate unit" means a dwelling unit which is not an affordable unit or an inclusionary unit.

"Marquee" means any hood, canopy, awning, or permanent construction which projects from a wall of a building.

Master Plan. See "General plan."

Massage Parlor. See "Adult business or entertainment enterprise."

"Maximum residential density" means the maximum number of dwelling units permitted by the zoning ordinance and community development element of the general plan or, if a range of density is permitted, means the maximum allowable density for the specific zoning range and community development element of the general plan applicable to the project. Where the density allowed under the zoning ordinance is inconsistent with the density allowed under the community development element of the general plan, the general plan density shall prevail. The maximum allowable density is based on the date an application for a housing development is deemed complete. This definition is used to calculate a density bonus pursuant to this article.

"Mezzanine" means a partial story between two full stories of structure.

"Mini-mart" means a retail establishment that provides a limited volume of goods and intended to provide quick service.

"Mini-warehouse" means a facility designed and operated for the storage of goods in individual compartments or rooms, which are available for use by the general public on a rental or lease basis.

"Mobile home" means a structure designed to be used without a permanent foundation for single-family detached residential use that has been manufactured pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974.

"Mobile home space" means a plot of ground within a mobile home park or subdivision designed to accommodate one mobile home.

"Mobile home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more mobile home lots for sale or rent.

"Moderate income household" shall have the same meaning as provided in California Health and Safety Code Section 50093.

"Modification" means a minor deviation in the requirements of the property development standards (but not permitted uses), as granted by the city in accordance with the procedures set forth in this title when it is determined that the strict enforcement of development standards will cause undue hardship.

"Moratorium" means the legally authorized stay or temporary prohibition on new construction or development.

Motel. See "Hotel."

"Mulch" means shredded or chipped wood from tree branches, tree trunks, uncontaminated wood products, or lumber. This material is often mixed with leaves and grass clippings for optimal effect.

"Multi-family attached dwelling" is a building containing two or more dwelling units and typically two or three stories in height. Examples of multiple-family attached dwellings include apartments, condominiums and multiple-family dwellings.

"Multiple-tenant site or center" means a commercial or industrial development consisting of two or more separate businesses that share either the same parcel or structure and use common access and parking facilities.

"Mural" means a picture painted or otherwise permanently applied directly to an exterior surface of a structure that does not contain any commercial message — either in graphic or written form — related to a business, product, or service.

(Ord. 575 §2, 2003; Ord. 544 §1(part), 2000).

(Ord. No. 656, § 10 (Exh. G), 11-19-2013)

19.45.150 - "N" Definitions.

"Newsrack" means a movable, temporary structure designed and intended for the vending of a single publication.

"Newsstand" means a temporary or permanent structure from which publications are sold.

"Nightclub" means an establishment wherein entertainment is offered or provided and in which the preparation and retail sale of alcoholic beverages are provided.

Noise, Commercial Purpose. "Commercial purpose noise" means the use, operation, or maintenance of any sound-amplifying equipment for the purpose of advertising any business, goods, or services for the purpose of attracting the attention of the public, advertising for, or soliciting patronage or customers for any performance, show, entertainment exhibition, or event for the purpose of demonstrating any such sound equipment.

Noise, Impulsive. "Impulsive noise" means a noise of short duration, usually less than one second, and of high intensity, with an abrupt onset and rapid decay.

Noise, Noncommercial Purpose. "Noncommercial purpose noise" means the use, operation, or maintenance of any sound-amplifying equipment for other than a commercial purpose, including but not limited to philanthropic, political, patriotic, or charitable purposes.

Noise Source, Fixed. "Fixed stationary noise" means a stationary device that creates sound, including but not limited to residential, commercial, and industrial machinery, equipment, fans, compressors, air conditioners, and refrigeration equipment.

"Nonconforming lot" means any subdivision of land that was lawfully established and in compliance with all applicable ordinances and laws at the time the property was subdivided, but which, due to a subsequently enacted ordinance or law, no longer complies with all the applicable regulations and standards of the zone in which the property is located.

"Nonconforming structure" means any structure, building, sign, or improvement that was lawfully established and in compliance with all applicable ordinances and laws at the time it was erected, but which, due to a subsequently enacted ordinance or law, no longer complies with all the applicable regulations and standards of the zone in which it is located.

"Nonconforming use" means a use or activity of land that was lawfully established and in compliance with all applicable ordinances and laws at the time it was undertaken, but which, due to a subsequently enacted ordinance or law, no longer complies with all the applicable regulations and standards of the zone in which the use is located.

"Nuisance" means an act or condition, when performed or existing upon a parcel of land or structure, that is considered dangerous or potentially dangerous to public health, safety, and welfare, degrades the appearance and value of surrounding properties, or can cause damage to public rights-of-way.

Nursery School. See "Day care center."

Nursing Home. See "Convalescent home or hospital."

(Ord. 544 §1(part), 2000).

19.45.160 - "O" Definitions.

"Occupy" means to use, design, build, alter, convert, rent, lease, base, or intend to occupy.

"Off-street improvements" means any property improvements performed outside of the public right-of-way.

Office, Professional. "Professional office" means any building or portion thereof used to provide business services primarily of a professional nature, such as in the fields of law, architecture, design, engineering, accounting, and similar professions.

"Official plan" means a zoning ordinance or amendment thereto adopted by the city council, including a master plan, precise plan, or regulation adopted by the city council as provided in Title VII of the California Government Code.

"Open space" means any undeveloped, uncovered parcel or area of land or water set aside, dedicated, designated, or reserved for public or private use or enjoyment.

Outdoor Display. See "Advertising display."

"Outdoor storage area" means an open area outside a building where merchandise, equipment, or other materials that are not outdoor displays are stored.

"Outlet store" means a retail establishment which sells a single brand or line of goods.

"Overlay zone" means a zone established by ordinance which may be applied to properties only when combined with an underlying zone.

(Ord. 544 § 1(part), 2000).

19.45.170 - "P" Definitions.

"Parapet" means the extension of the main walls of a building above the roof level.

Parcel. See "Lot."

"Parcel map" shall be defined as set forth in the subdivision ordinance, Chapter 25 of the Code of the city of Cypress.

Park, Public. "Public park" means a park, playground, swimming pool, golf course, or athletic field within the city that is under the control, operation, or management of the city, county, state, or other public agency.

Parking Area, Public. "Public parking area" means an off-street area used for the parking of vehicles with or without a fee that is available for public or quasi-public use.

"Parking lot" means an off-street, ground-level area, surfaced and improved, for the temporary storage of motor vehicles.

Parking, Shared. "Shared parking" means parking facilities designed and intended to serve two or more users with peak parking demands occurring during non-overlapping periods.

"Parking space or stall" means a permanent area for the parking of one vehicle designed to meet the minimum dimensions and access requirements established by the city.

Parking Space, Covered. "Covered parking space" means a parking space located within a carport, parking structure, or similar structure that provides protection from the elements in the form of a roof but which does not provide full enclosure or a closing and locking door.

Parking Space, Garage. "Garage parking space" means a parking space provided within an enclosed structure, with a closing and locking door, whose primary use is the storage of vehicles.

Parking Space, Off-Street. "Off-street parking space" means a permanent parking space for a vehicle which is designed to city standards and not located on a dedicated street right-of-way.

Parking Space, On-Street. "On-street parking space" means a parking space for a vehicle which is designed to city standards and located on a dedicated street right-of-way.

Parking Space, Uncovered. "Uncovered parking space" means a parking space located in a designated area which meets the dimension requirements of this ordinance but does not provide any protection from the elements in the form of a carport, parking structure, garage, or other structure.

"Patio cover" means an overhang or roof attached to a building that extends partly or entirely over a courtyard or room used for dining or recreation purposes.

Patio, Elevated. "Elevated patio" means a roofless area above the ground floor in a multiple dwelling structure that is designed for dining or recreation uses.

Performance Standard. See Standards, Performance.

"Permit" means written governmental permission issued by an authorized official, empowering the holder thereof to engage in some activity not forbidden by law, but not allowed without such authorization.

"Permitted use" means any use allowed in a zone by right and subject to the restrictions applicable to that zone.

"Person" means an individual, proprietorship, partnership, corporation, association, or other legal entity.

"Petroleum bulk plant" means premises for the storage and wholesale distribution of gasoline, oil, or petroleum gas; a tank farm or a number of tanks connected to a pipeline and constituting a petroleum terminal.

"Pharmacy" means a business where drugs, medicines, and often sundries are dispensed and sold.

"Planned development" means the planning, construction, implementation, or operation of one or more structures containing one or more land uses in accordance with a detailed, comprehensive plan encompassing such elements as circulation patterns, parking facilities, open space, recreational areas, utilities, and lots or building sites, together with a program for provisions, operation, and maintenance of all areas, improvements, facilities, and services provided for common use of the occupants, tenants, or customers thereof.

"Planning commission" means an appointed body in the City of Commerce authorized to conduct public hearings and render decisions on development applications pursuant to the provisions set forth in Chapter 2.16 of the Commerce Municipal Code.

"Planting area" means the parcel area less building pad(s), driveway(s), patio(s), decks(s), walkway(s), and parking area(s). Planting area includes water bodies (i.e., fountains, ponds, lakes) and natural areas.

"Plot plan" means a scaled and dimensioned drawing of a lot or parcel of land and its immediate vicinity, showing the location and use of all existing and proposed buildings and improvements on site.

"Poultry" means chickens, turkeys, ducks, geese, pigeons, and other fowl.

Pre-school. See "Child care center."

"Preservation" means the identification, study, protection, restoration, rehabilitation, or enhancement of a structure, resource, or landmark.

"Principal building/structure" means the primary or predominant building or structure on a lot. See Building, Main or Primary.

"Principal use" means the primary or predominant use of any lot.

"Processing" means a method that changes the nature of a material, its chemical composition, or its physical qualities.

"Project" means an activity involving the issuance to a person of a permit, license, certificate, or other entitlement.

"Property" means a lot or parcel of land where the owner obtains the right to use the land by virtue of ownership.

"Property frontage" means that side of a lot or parcel of land abutting on a public street.

"Public use" means a use conducted exclusively by a public agency for public health, safety, or general welfare purposes, such as public schools, parks, playgrounds, hospitals, and administrative and service facilities.

(Ord. 544 § 1(part), 2000).

19.45.180 - "Q" Definitions.

Quasi-Public Use. See "Semi-public use."

(Ord. 544 § 1(part), 2000).

19.45.190 - "R" Definitions.

"Rail yard" means a facility involved in the movement, transfer, repair, cleaning, and similar activities for railroad cars, tankers, and engines.

"Recreation facility" means a place designed and equipped for the conduct of sports, leisure time activities, and other customary and usual recreational activities.

"Recycling collection area" means any space allocated for the collection and loading of recyclable materials. The recyclable materials collection function shall only be an accessory use to the primary permitted land use.

"Recycling facility" means a building or enclosed space used for the collection and processing of recyclable materials. Processing includes, but is not limited to, sorting, baling, compacting, grinding, crushing, shredding, cleaning, and remanufacturing.

"Recyclable material" means a reusable material including, but not limited to, metals, glass, paper, waste oil, and plastics which is intended for reuse, remanufacture, or reconstitution.

"Religious institution" means an establishment that is used primarily for religious services and related religious activities.

Residence. See "Dwelling unit."

"Resource recovery station" means any facility for the sorting, handling, and recycling of solid waste to recover materials that may be used for the manufacture of other products, including the reloading of solid waste for off-site disposal.

Repair Garage, Vehicle. "Vehicle repair garage" means any facility that provides both minor and major vehicle engine service and repair or body or frame replacement, repair, or painting services.

Restaurant, Drive-through. "Drive-through restaurant" means an establishment that primarily serves food or refreshments to customers in vehicles or at pedestrian service windows. Such facilities may or may not have dining areas that are incidental to the primary operation of the drive-in restaurant. Also referred to as a fast-food, take-out, or carry-out restaurant.

Restaurant, Sit-down. "Sit-down restaurant" means an establishment where food and drink are prepared, served, and consumed primarily within the principal building.

Rest Home. See "Convalescent home."

"Retail establishment" means any business selling goods, wares, or merchandise directly to the consumer.

"Right-of-way" means a defined area of land, either public or private, on which a right of passage has been recorded.

"Retaining wall" means a structure made of wood, masonry, or concrete designed to hold earth. Retaining walls are normally associated with the preservation of soil stability or with grading necessary to alter the ground level of a property.

"Ringelmann chart" means a chart which illustrates graduated shades of grey, used in estimating the lightobscuring capacity of smoke.

"Ringelmann number" means a number of an area on the Ringelmann Chart that coincides with the lightobscuring capacity of a particular type of smoke.

"Risk management and prevention program" means all administrative and operational programs that are designed to prevent acutely hazardous material accident risks, including but not limited to, programs that include design safety of new and existing equipment, standard operating procedures, preventative maintenance programs, operator training, accident investigation procedures, risk assessment for unit operations or operating alternatives, emergency response planning, and internal or external audit procedures to ensure that these programs are being executed as planned.

"Roof edge" means on a pitched roof, the lowest portion of the facia board covering the roof rafters, or if no facia board exists, the lowest point on the roof rafters. On a flat roof, the top of the parapet wall.

"Roof level" means the uppermost edge of a building wall or parapet, excluding roof structures that cover less than twenty-five percent of the roof area.

Roof Types. Refer to Figure 19.45.020-1 for illustrations of various roof types.

(Ord. 544 § 1(part), 2000).

19.45.200 - "S" Definitions.

"Salvage yard" means any area, lot, parcel, building, or structure, or part thereof, used for the storage, collection, processing, purchase, sale, or abandonment of wastepaper, rags, scrap metal, or other scrap or discarded goods, materials, machinery, or other types of junk. Salvage yard uses also include the baling of cardboard, cardboard boxes, paper, and paper cartons, and areas that store materials from demolished houses, structural steel materials, and equipment.

Sanitarium. See "Convalescent home."

"Satellite dish antenna" means any dish-shaped antenna designed to receive satellite signals for the purpose of telecommunications reception.

"School" means any public or private child care facility or educational institution for minors that offers instruction in those courses of study required by the California Education Code or that is maintained pursuant to standards set by the State Board of Education. Schools include nursery schools, pre-schools, schools with any of the grades kindergarten through twelfth grade, or any special educational institution for minors, but does not include vocational or professional institutions of higher education such as a community college, junior college, college, or university. See "Educational institution."

"Second dwelling unit" is a second permanent dwelling that is accessory to a primary dwelling on the same site. A secondary unit provides complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. See Section 19.07.090.

"Secondhand store" means a retail or wholesale business in which the largest portion of the merchandise is secondhand or used.

"Senior citizen housing development" means senior citizen housing as defined in Section 51.3 (a housing development developed, substantially rehabilitated, or substantially renovated for senior citizens that has at least thirty-five dwelling units) and Section 51.12 of the California Civil Code, or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code.

"Senior housing" is housing units that are age-restricted for residents aged sixty-two and older.

"Service road" means a road that is part of a highway right-of-way but separated from the highway by means of a median or divider, except at controlled points of access. A service road serves as an access route to property abutting the highway.

"Screening" means a method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms, or densely planted vegetation.

"Semi-public use" means a use owned or operated by a private nonprofit, religious, or charitable institution that provides educational, cultural, recreational, religious, or similar types of programs to the general public.

"Service station" means a building or lot used primarily for the retail sale of motor fuels, but also incidentally supplying goods and services required in the operation and maintenance of motor vehicles and in fulfilling motorists' needs. When the retail sale of gasoline is incidental to the use of a public garage, the premises shall not be considered an automobile service station.

"Setback" means the distance from a defined point or line governing the placement of buildings, structures, parking, or uses on a lot.

"Setback line" means a line within a lot, parallel to and measured from a corresponding lot line, forming the boundary of a required yard and governing the placement of buildings, structures, parking, or uses on a lot.

Shared Parking. See Parking, Shared.

"Shopping center" means a group of commercial establishments planned, constructed, and managed as a total entity, with customer and employee parking provided on-site, and provision of goods delivery separated from customer access.

Sign. Signs are defined as established in Chapter 19.25 (Signs) of this Title 19.

"Single-family attached dwellings" are dwelling units that are structurally connected with at least one other such dwelling unit and typically two or three stories in height. Each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common fire resistant walls. Examples of single-family attached dwellings include townhomes, rowhouses, and courtyard/cluster housing.

"Single room occupancy" (efficiency) unit, also known as an SRO, means housing consisting of single-room dwelling units typically with no more than four hundred square feet of habitable space that is the primary residence of its occupant or occupants. The unit must contain either food preparation or sanitary facilities (and may contain both). An accessory structure such as a garage, storage room, play room, pool house or rumpus room does not qualify as an SRO.

"Site plan" means a plan drawn to scale, showing uses and structures proposed for a property as required by the applicable regulations, including lot lines, streets, grades, building sites, reserved open space, and other specific development proposals.

"Slope" means the degree of deviation of a surface from the horizontal, usually expressed in percent or degrees.

"Solid waste" means solid waste shall be defined as set forth in Section 40191 of the California Public Resources Code.

"Sound-amplifying equipment" means any machine or device for the amplification of the human voice, music, or any other sound, not including standard automobile radios when used and heard only by the occupants of the vehicle in which the radio is installed, nor warning devices on authorized emergency vehicles, horns, or other warning devices on any vehicle used only for traffic safety purposes.

"Soundtruck" means any motor or other vehicle, whether in motion or stationary, having mounted thereon or attached thereto any sound-amplifying equipment.

"Specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete. Mere inconsistency with the zoning ordinance or general plan land use designation shall not constitute a specific, adverse impact upon the public health or safety.

"Specific plan" means under Article 8 of the California Government Code 9 Section 65450 et. seq.), a legal tool for detailed design and implementation of a defined portion of the area covered by a general plan. A specific plan may include all detailed regulations, conditions, programs, and/or proposed legislation which may be necessary or convenient for the systematic implementation of any general plan element(s).

ans under Article 8 of the California Government Code 9 Section 65450 et. seq.), a legal tool for detailed design and implementation of a defined portion of the area covered by a general plan. A specific plan may include all detailed regulations, conditions, programs, and/or proposed legislation which may be necessary or convenient for the systematic implementation of any general plan element(s).

Standards, Development. "Development standards" means requirements in this Title 19 that govern building and development, including, but not limited to, lot area, height limits, frontage, landscaping, and floor area ratio.

Standards, Performance. "Performance standards" means requirements in this Title 19 that govern the operation and maintenance of uses in a particular zone.

"Station" means a position on an automatic irrigation controller that indicates the control point of automatic irrigation valves.

"Story" means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling above.

"Street" means a public thoroughfare or right-of-way, or approved private thoroughfare or right-of-way determined by the city to be adequate for the purpose of access, which affords the principal means of access for abutting property including avenue, place, way, drive, land, boulevard, highway, road, or any other thoroughfare. The word "street" shall include all major and secondary highways, traffic collector streets, and local streets.

Street, Arterial (Major). "Arterial street (major)" means a one hundred-feet wide street that provides regional, subregional, and intra-city travel service.

"Street centerline" means the line representing the midpoint between either side of a street or right-of-way, as established by official surveys or the director of public services.

Street, Collector. "Collector street" means a street that provides circulation in a defined geographic area and connects this area to major arterial and secondary streets and freeways.

"Street frontage" means the lot line adjoining a street or an easement; the length of the lot line that abuts a street or easement.

"Street line" means the boundary line between the street and an abutting lot or parcel of land.

Street, Local. "Local street" means a dedicated street serving as a principal means of access to property, but not a major or secondary highway, or a collector or through industrial street, as designated in the general plan circulation element.

Street, Secondary. "Secondary street" means an eighty-foot wide street designed to function as a major arterial street but carrying a lesser volume of through traffic.

Street Width, Planned. "Planned street width" means the proposed final width of a street right-of-way, as shown in the circulation element of the commerce general plan, the master plan of highways, or as established by an official action of the city.

"Structural alteration" means a change in the supporting framework of a building, such as foundation, bearing walls, columns, beams, floor or roof joists, girders, or rafters; a change in roof or exterior lines of a building.

"Structure" means a building or facility constructed and fixed on the ground, as defined in the Building Code, excluding fences and walls used as fences that are less than seven feet in height.

"Substantially enlarged" means the increase in floor area occupied by the business by more than ten percent of its floor area as it exists on the effective date of this Title 19.

"Sundeck" means an elevated uncovered platform on top of a garage or roof. A sundeck may be supported from below or cantilevered and enclosed with a railing or balustrade.

"Superintendent" means the director of the streets of the city, his assistants and deputies, or any other public officer designated by the city council to perform the duties imposed by Title 9 of the Commerce Municipal Code.

"Supportive housing" means housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community (per Health and Safety Code Section 50675.14(b)).

(Ord. 544 § 1(part), 2000).

(Ord. No. 656, § 10 (Exh. G), 11-19-2013)

19.45.210 - "T" Definitions.

Tank Farm. See "Petroleum bulk plant."

"Tavern" means an establishment used primarily for the serving of alcoholic beverages to the public, and where food may be served and sold as an accessory use.

"Temporary structure" means a structure without any foundation or footings which will be removed when the permit for the activity, or use for which the temporary structure was erected, has expired.

"Temporary use" means a use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period.

"Theater" means a building or part of a building devoted to showing films or videos, or for dramatic, musical, or live performances. For adult theater, see "Adult business or adult entertainment enterprise" definitions.

"Theme park" means an entertainment or amusement facility generally built around a theme which may be historic, architectural, or cultural.

Toxic Material or Substance. See "Hazardous material or waste."

Trailer, Automobile. "Automobile trailer" means a vehicle, other than a motor vehicle, designed for carrying persons or property by means of attachment to a motor vehicle.

"Transient" means a person who receives lodging accommodations for a fee, with or without meals, for a period of thirty days or less.

"Transitional housing" and "transitional housing development" means temporary rental housing intended for occupancy by homeless individuals or families transitioning to permanent housing that is operated under program requirements calling for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months (per Health and Safety Code Section 50675.2(h)).

"Truck terminal" means premises used for the parking, service, repair, or storage of trucks, including

storage areas for rental and leasing purposes, not including areas used for the incidental parking, service, repair, or storage of trucks owned by the owners of the principal building or lot and used in connection with the business being carried on in the principal building.

"Turf" means a surface layer of earth containing grass with its roots.

(Ord. 544 § 1(part), 2000).

(Ord. No. 656, § 10 (Exh. G), 11-19-2013)

19.45.220 - "U" Definitions.

"Use" means the purpose for which land or a building is used, arranged, designed, intended, occupied, or maintained.

Utility, Public or Private. "Public or private utility" means any regulated agency which, under public franchise or ownership, or under certificate of convenience and necessity, provides the public with electricity, gas, heat, steam, communication, rail transportation, water, sewage collection, or other similar service.

"Utility service yard" means a building or premises where an public or private utility office, warehouse, storage yard, or maintenance facility is located.

(Ord. 544 § 1(part), 2000).

19.45.230 - "V" Definitions.

"Variance" means permission to depart from a provision of this ordinance when, due to special circumstances applicable to a property, strict application of the requirements deprives such property of privileges enjoyed by other identically zoned property in the vicinity. See Division 8, Chapter 19.39.

"Vehicular storage yard" means any area, lot, parcel, building, structure, or part thereof, used for the storage, collection, or abandonment of motor vehicles.

"Very low income household" shall have the same meaning as provided in California Health and Safety Code Section 50105.

"Veterinary clinic" means a facility where animals or pets are given medical aid and care. This includes incidental facilities such as kennels, areas where animals are boarded, and facilities for clipping, bathing, and other services.

"Visible" means capable of being seen by a person with normal vision and without visual aid.

"Visual obstruction" means one or more objects such as fences, hedges, trees, shrubs, or walls that impede visibility.

(Ord. 544 § 1(part), 2000).

(Ord. No. 656, § 10 (Exh. G), 11-19-2013)

19.45.240 - "W" Definitions.

"Wall" means a physical barrier with fifty percent or more of its vertical surface preventing the passage of light, air, and vision on a horizontal plane.

"Warehouse" means a building or portion thereof used for the shipping, receiving, storage, or wholesaling of goods and merchandise and any incidental or accessory activities. An area where goods are processed, manufactured, or serviced, or where equipment for rent or lease is stored is not considered a warehouse.

"Wheel stop" means a concrete barrier, at least six inches in height, that is place at the front of a parking stall to prevent vehicles from rolling forward.

"Wholesale" means the sale of goods by bulk for resale purposes and not for direct consumption.

"Window" means an opening which is an a wall of a building, designed to allow light and/or ventilation into the building, enclosed by easement or sash, and containing glass or other similar transparent or semitransparent material.

"Window area" is computed by calculating each window pane or panel. The area shall be separate for each building face, and for each window. A group of window panes or panels may be considered one window if they are adjoining on the building face and are less than six inches apart.

"Wrecking yard" means premises registered under the state Vehicle Code to conduct the dismantling or destroying of vehicles, including any areas used for buying, selling, storing, or dealing in dismantled, partially dismantled, or wrecked vehicles or their component parts.

(Ord. 544 § 1(part), 2000).

19.45.250 - "X" Definitions.

Reserved.

(Ord. 544 § 1(part), 2000).

19.45.260 - "Y" Definitions.

"Yard" means an open space on a developed lot that, except as otherwise provided for in this Title 19, is unoccupied or unobstructed from the ground upwards.

Yard, Front. "Front yard" means the open space extending across the full width of the front of the lot, the depth of which is the horizontal distance between the front lot line and a line parallel thereto on the lot.

Yard, Rear. "Rear yard" means the open space extending across the full width of the rear of a lot, the depth of which is the horizontal distance between the rear lot line and a line parallel thereto on the lot.

Yard, Required. "Required yard" means the open space between a lot line and the buildable area within which no structure shall be located except as provided in this Title 19.

Yard, Side. "Side yard" means the space between the main building and the side lot line, extending from the front yard to the rear yard; the measured distance of the yard shall represent the shortest distance between the side lot line and that portion of the main building nearest the line from which the measurement is taken.

(Ord. 544 § 1(part), 2000).

19.45.270 - "Z" Definitions.

"Zero lot line" means the location of a building on a lot in such a manner that one or more of the building's walls is situated directly on a lot line.

"Zone" means a specifically delineated area or district within the city in which regulations and requirements uniformly govern the use, placement, spacing, and size of land and buildings.

"Zoning certification" means a written determination by the community development director or his authorized representative that an existing or proposed building, structure, or use complies with all the requirements of this Title 19.

"Zone change" means a legislative act of amending this Title 19 by transferring an area of land from one zone district to another on the official zoning map.

Zone District. See "Zone."

Zoning Map Change. See "Zone change."

Zoning Map, Official. "Official zoning map" means the map or maps which are a part of this Title 19 and which delineate the boundaries of zones.

(Ord. 544 § 1(part), 2000).

CHAPTER 19.47 - HOUSING OPPORTUNITY OVERLAY ZONE

19.47.010 - Intent and purpose.

A.

The housing opportunity overlay zone (HOO) is established to facilitate the development of housing "byright" on underutilized industrial sites. The HOO zone is intended to be applied to properties that are currently zoned heavy manufacturing (M-2) and permits discontinued manufacturing uses to recycle to residential development. The overlay zone is further intended to serve as an implementation tool of the city's housing element of the general plan by facilitating residential development on identified "housing opportunity sites."

B.

The HOO has the following major objectives:

1.

Create "by-right" opportunities for residential development on underutilized manufacturing sites.

2.

Implement state laws that require cities to demonstrate available land capacity and zoning tools to accommodate the city's projected need for housing.

3.

Provide a mix of housing types.

4.

Facilitate well-designed new mixed-use development projects that combine residential and nonresidential uses (e.g., office, retail, business services, personal services, public spaces and uses, other community amenities, etc.) to promote a better balance of jobs and housing.

5.

Stimulate economic development and reinvestment through regulations based upon recognized urban design principles that allow property owners to respond with flexibility to market forces.

6.

Provide additional property rights while preserving existing property rights. This intent is achieved by providing additional development rights in compliance with this chapter, which property owners may exercise under certain conditions, while retaining all development rights conferred by the underlying zone to property owners in the HOO zone. Incentives and advantages include allowing a greater range and mix of uses and specifying more permissive dimensional specifications (e.g., greater floor area ratio, lot coverage ratio, and height, reduced setbacks, etc.).

(Ord. No. 656, § 4 (Exh. A), 11-19-2013)

19.47.020 - Applicability. ¶

A.

Application to Area. The HOO is an overlay zone to be used only in conjunction with an underlying heavy manufacturing (M-2) zone. The HOO area applies to approximately forty-four acres within the Rosewood Planning Area and is generally bounded by Harbor Street on the north, the Jillson Street on the south, Strong Avenue on the west and with no formal boundary on the east (eastern boundary is the Commerce Civic Center, Aquatorium and Rosewood Park), as depicted in Figure 1.

FIGURE 1: HOUSING OPPORTUNITY OVERLAY ZONE

==> picture [360 x 384] intentionally omitted <==

B.

Relationship Between Base Zone Standards and Overlay Zone Standards. For property within the HOO zone, the regulations in this chapter allow residential and mixed-use development as an alternative to the stand-alone industrial development allowed under the base (underlying) zone standard.

Base Zone Standards.

The provisions in this chapter shall apply to all properties within the HOO zone, but the provisions do not supersede the underlying base zone provisions until a property is developed in compliance with the provisions of this chapter. New projects may be developed in compliance with the existing underlying base zone, provided that all standards and requirements of the underlying base zone are met.

2.

Regulations, development standards, and requirements in the underlying base zone shall continue to apply to those projects that are currently developed according to the existing standards.

3.

For legal nonconforming uses (i.e., uses that do not comply with the provisions of the base zone), the provisions in Chapter 19.37 (Nonconforming Uses and Structures) shall apply.

D.

Option to Apply HOO Zone Standards. The owner or developer of any property within the HOO zone may choose to develop in compliance with the standards and procedures in this chapter.

E.

Conversion of existing nonresidential structures into a residential use may be permitted subject to a conditional use permit pursuant to Chapter 19.39, Division 7 (Conditional Use Permit).

F.

After Completion of Development. Once a property is developed in compliance with the provisions of this chapter, the provisions of this chapter completely supersede the provisions of the underlying base zone. Whenever the requirements of the HOO zone impose a more or less restrictive standard than the provisions of the underlying base zone, the requirements of the HOO zone shall govern.

(Ord. No. 656, § 4 (Exh. A), 11-19-2013)

19.47.030 - Use regulations.

A.

All uses in the applicable underlying zone are allowed. In addition, Table 19.11.030A identifies the uses permitted in the HOO zone.

B.

Certain permitted uses and conditionally permitted uses may be subject to special conditions regarding location, operation or the design of the use. Such uses are marked in Table 19.11.030A with an asterisk (*), and the special conditions that apply are contained in Chapter 19.31 (Standards for Specific Land Uses) of this title.

C.

The "notes and exceptions" column of Table 19.11.030A indicates more precisely the use regulations for specific operating characteristics. The notes and exceptions must be reviewed in conjunction with the other information for that class of use.

D.

For uses or activities not specifically identified in Table 19.11.030A, the community development director shall have the authority to interpret and assign the use. The decision of the community development director can be appealed to the planning commission pursuant to Chapter 19.39, Division 4 (Appeals and Revocations) of this title.

E.

Any use or activity not identified in Table 19.11.030A, or any use or activity not interpreted by the community development director, shall be prohibited.

Table 19.47.030A

Uses in Housing Opportunity Overlay Zone

Use	HOO	*Notes and Exceptions
Accessory Buildings	A
Child Care Center	P/C*	*See Chapter 19.31 Division 8
Care Facilities (<6 persons)	P
Child Facilities (>6 persons)	C
Clubs, Private and Fraternities/Sororities	X
Community Gardens	C
Dwelling, Multi-family Attached	P	Attached multifamily dwellings could be apartments, condominium or other attached multiple family dwellings
Dwelling, Single-Family Attached	X	Attached single family dwellings could include attached townhomes, rowhouses, courtyard and/or cluster housing
Dwelling, Single-Family	X
Dwelling, Single-Family; new construction and additions where the total foor area of all structures is greater than 2,300 square feet	X
Emergency Shelters	X
Greenhouses	A
Home Occupations	P/C*	See Chapter 19.31 Division 13
Live/Work	P	See Section 19.11.080 for additional standards
---	---	---
Manufactured Housing	X
Mobile Home Parks	X
Mixed-Use Development, where residential and nonresidential uses are integrated vertically, including live/work opportunities. Nonresidential uses in vertical mixed-use projects shall be limited to: • Health and Fitness Centers; • Schools, Specialized Education and Training; • Studios, Professional; • Printing and Publishing; • Studios—Art, Dance, Music, Photography, etc.; • Retail Trade uses that can only include: • Appliance Sales • Arts, Antiques, Collectibles, and Gifts • Convenience Stores • Furniture and Furnishings • Grocery Stores • Pet Shops • Restaurants • Retail, General Merchandise • Bank and Financial Services;	P	Nonresidential uses are permitted in vertical mixed-use projects and shall be restricted to the ground foor only
• Day Care Centers; • Laundry and Dry Cleaning; • Laundromats, Self Service; • Ofces; and
---	---	---
Nursing/Rest Homes	C
Parking Lots, Surface	P
Parking Structure, Above Ground	P	Permitted if screened from views from public right-of-way and adjacent single- family residential districts
Public or Quasi-public uses of educational/recreational nature	X
Public or Quasi-public use of religious, cultural pubic services nature	X
Second Dwelling Unit	X
Senior Housing	P
Supportive Housing	P
Swimming Pools, Private	A
Transitional Housing	P

NOTE: All uses are subject to performance standards as defined in Chapter 19.19.

= See "Notes and Exceptions" column.

P = Permitted by right.

X = Not permitted.

P/C = Either permitted by right or subject to conditional use permit review, depending upon criteria contained in Chapter 19.31

C = Conditional use permit required.

(Ord. No. 656, § 4 (Exh. A), 11-19-2013)

19.47.040 - Development standards. ¶

A.

All development in the HOO zone shall conform to the development standards set forth in Table 19.11.040A.

Table 19.11.040A

Development Standards—Housing Opportunity Overlay Zone (HOO)

Development Standards	HOO	Notes
1. Maximum Density (residential uses)	40 du/ac	Maximum density for residential uses expressed as dwelling units per acre
2. Maximum Intensity (nonresidential uses)	1.0 FAR	Maximum foor area ratio (FAR) for nonresidential uses. Podium and underground parking is not counted toward foor area ratio (FAR)
3. Minimum Lot Area	None Required
4. Minimum Dwelling Unit Size	Studio: 500 sf 1-bdrm: 600 sf 2-bdrm: 800 sf 3-bdrm: 1,000 sf
5. Maximum Building Height	5 stories/60 ft.	Height calculated from grade
6. Distance Between Buildings (Minimum)	10 ft.*	Increase of 5 ft. for every 10 ft. of height, or fraction thereof, above 25 ft.
7. Front Yard Setback	0 ft. (min); 15 ft. (max)
8. Street Side Setback	0 ft. (min); 15 ft. (max)
9. Interior Side Setback	5 ft. (min); No max	Minimum 10 ft. if abutting residential zone district
10. Rear Yard Setback	10 ft. (min) for residential portion, no requirement for commercial portion	Minimum 10 ft. if abutting residential zone district
11. Permitted Setback Encroachments	6 ft. into setbacks	Balconies, awning, porches, stairways and similar elements may extend up to 6 ft. into the setback. Cornices, eaves, freplaces, similar architectural features may extend 4 ft. into the front and rear setbacks and 3 ft. in interior setbacks
12. Maximum Lot Coverage	None
Landscape/Open Space Standards
---	---	---
13. Publicly Accessible Open Space (nonresidential)	15% of net lot area	See Section 19.11.070 for additional standards
14. Private Open Space (multi- family residential)	1st foor—150 sf per unit Upper foor—100 sf per unit	See Section 19.11.060 for additional standards
15. Common Open Space (multi- family residential)	200 sf per unit	See Section 19.11.060 for additional standards
Parking Standards
16. Surface Parking	20 ft. min. setback from front lot; 15 ft. min. setback from side lot line
17. Garage/Tuck-Under Parking	Prohibited along front lot lines
18. Underground/Podium Parking	Allowed beneath building footprint
19. Above-Ground Parking Structure	Permitted if screened from views from public right-of-way and adjacent single-family residential districts

Abbreviations: sf = square feet; ft. = feet or foot

(Ord. No. 656, § 4 (Exh. A), 11-19-2013)

19.47.050 - Frontage type standards. ¶

A.

This section provides frontage type standards for buildings in the HOO zone. Types of frontages include:

1.

Live-Work/Office Fronts. A frontage that reinforces both residential and work activities that can occur in the building. The elevation of the ground floor is located at or near the grade of sidewalk to provide direct public access to the building. Entrances and windows are provided on the front of the facade to provide eyes on the street and direct sidewalk access to commercial and office uses. The front setback (if provided) may be improved with landscaping or as an extension of the public sidewalk to create a more pedestrianfriendly environment.

a.

Elevation of Ground Floor. The ground floor elevation shall be located near the elevation of the sidewalk to minimize the need for external steps and external ADA ramps at public entrances.

b.

Minimum Ground Floor Interior Height. Twelve feet minimum (floor-to-floor height—Commercial Ready).

c.

Ground Floor Unit Entrances. All ground floor tenant spaces that have street frontage shall have entrances on a facade fronting a street. All other ground floor uses may have a common lobby entrance along the front facade or private entrances along other facades.

d.

Upper Floor Unit Entrances. Entrances to upper floor units may be provided through a common lobby entrance and/or by a common entrance along a facade fronting a street.

e.

Recessed Entrances. Entrances may be recessed into the facade.

f.

Awnings and Marquees. Awnings or marquees may be provided over storefront windows and entrances.

Awning and marquees may project up to six feet from the facade and extend over the sidewalk provided that at least eight feet of vertical clearance is provided.

g.

Projecting Elements (Balconies, Roof Overhangs, Shade Structures, and Bay Windows). Projecting elements on upper floors may project four feet from the facade and project into the setback.

h.

Sidewalk and Setback Treatment. The public sidewalk shall be improved with street trees with an average spacing of thirty feet on-center and pedestrian-scaled street lights (no taller than fourteen feet). If the front facade is setback from the public sidewalk, the setback shall be landscaped and/or improved as an extension of the public sidewalk.

2.

wider interest or appeal, and/or occupy more area, specified items may be counted as two amenities, as noted. In all cases, each square foot of land area devoted to a recreational amenity shall be credited as common open space on a 1:1 basis.

Clubhouse (two);

ii.

Swimming pool (two);

iii.

Tennis court (one per court);

iv.

Basketball court (one per court);

Racquetball court (one per court);

vi.

Weightlifting facility;

vii.

Children's playground equipment;

viii.

Sauna;

ix.

Jacuzzi;

Day care facility (two);

xi.

Other recreational amenities deemed adequate by the community development director.

(Ord. No. 656, § 4 (Exh. A), 11-19-2013)

19.47.070 - Public space amenities requirements.

A.

Each project proposed within the HOO zone must include a public open space amenity, or some form of physical interface for the pedestrian. Such features may include, but not be limited to:

Classroom instruction (e.g., art/music lessons, tutoring, and similar uses) involving five or more students at any one time;

d.

Commercial food preparation activities;

e.

Industrial uses;

f.

Vehicle maintenance or repair (i.e., body or mechanical work, including boats and recreational vehicles), vehicle detailing and painting, upholstery, etc.;

g.

Storage of flammable liquids or hazardous materials beyond that normally associated with a residential use;

The owner or developer of a structure containing live/work units shall provide written notice to all occupants, tenants, and users that the surrounding area may be subject to higher impacts associated with nonresidential uses (e.g., noise) than exist in more predominantly residential areas. Performance standards for live/work units shall be those applicable to nonresidential uses allowed in the zone in which the live/work units are located.

All activities related to the "work" component of a live/work unit shall be conducted within a completely enclosed building.

4.

Up to two additional persons who do not reside in the live/work unit may work in the unit.

5.

Client and customer visits to live/work units are allowed.

6.

Parking for each live/work unit shall be provided in compliance with Chapter 19.21 (Off-Street Parking Requirements).

7.

A live/work unit shall not be converted to either entirely residential use or entirely nonresidential use.

8.

A live/work use may display a window or building-mounted sign up to a maximum of five percent of the building frontage area used for commercial purposes. Signs shall not be illuminated, including neon signs.

(Ord. No. 656, § 4 (Exh. A), 11-19-2013)

19.47.090 - Mixed-use development. ¶

This section provides operational and compatibility standards for mixed-use development within the HOO zone. Nonresidential uses are restricted to the ground floor only.

A.

Operational Standards.

1.

Joint Tenants and Owners Association.

a.

A joint tenants and owners association shall be formed to ensure the well-being of each tenant and owner in a mixed-use project.

b.

The association bylaws, including voting rights, shall be subject to review by the city attorney and approval by the director. The association's bylaws shall include the following:

i.

Assignment of parking spaces per each use.

ii.

Identification of maintenance responsibilities for landscaping, parking facilities, and recycling and refuse storage facilities. Noise notification procedures.

iii.

Relationship between uses regarding association representation.

iv.

Voting procedures.

v.

Procedures for solving problems that may arise between the different types of uses or residents.

2.

Loading and Unloading Activities. Where applicable, the covenants, conditions, and restrictions of a mixeduse project shall indicate the times when the loading and unloading of goods may occur on the street, provided that in no event shall loading or unloading take place after ten o'clock p.m. or before seven o'clock a.m. on any day of the week.

3.

Noise Notification.

a.

Residents, whether owners or tenants, of a mixed-use development project shall be notified in writing before taking up residence that they will be living in an urban type of environment and that the noise levels may be higher than a typical residential area.

b.

The covenants, conditions, and restrictions of a mixed-use project shall require that the residents acknowledge their receipt of the written noise notification. Their signatures shall confirm receipt and understanding of this information

B.

Fences and Walls. In addition to the regulations in Section 19.09.060 (Fences, hedges, and walls, commercial zone), fences and walls shall be subject to the following regulations:

1.

Separation Wall Required. A masonry separation wall shall be constructed on all property lines adjacent to any single-family residential district. Pedestrian access points are encouraged and may be allowed subject

to approval of the director. The separation wall shall be six feet in height, as measured from the highest elevation of land contiguous to the wall, except in a required front setback area and in a required exterior side setback area for a corner, reverse corner or key lot, where the wall shall be limited to thirty-six inches in height.

2.

Other Fences and Walls. Fences and walls are allowed in any yard area subject to the following height regulations:

a.

Front Yard Area. In the front yard area, the height shall be limited to thirty-six inches.

b.

Street Side Yard. In street side yard areas, the height shall be limited to thirty-six inches.

c.

All Other Areas. In all other areas, the height shall be limited to six feet, as measured from the side of the fence or wall with the highest grade.

3.

Location. All perimeter fences and walls shall be constructed on the property line unless a different location is permitted by the community development director. No parallel wall or fence shall be constructed less than five feet from an existing wall or fence, unless approved by the community development director.

4.

Materials.

a.

Chain link fencing shall not be erected between a primary or accessory structure and a public or private street, except that chain link fencing may be used for security purposes for public utility structures and for temporary fencing needs (construction sites, special events, vacant lots, etc.).

b.

Barbed wire and concertina wire are prohibited, except at public utility structures.

C.

Landscaping. Landscaping shall comply with Chapter 19.23 (Landscaping).

D.

Screening and Buffering—Mechanical Equipment and Trash Facilities. Mechanical and air-conditioning equipment shall be screened and buffered in compliance with Section 19.19.100 (Mechanical equipment

screening) and trash facilities shall be screened and buffered in compliance with Section 19.19.140 (Solid waste receptacles and enclosures).

E.

Signs. Signs shall comply with Chapter 19.25 (Signs). In addition, in the HOO zone where both residential and nonresidential uses are allowed, the signage rights and responsibilities applicable to a particular use shall be determined as follows: residential uses shall be treated as if they were located in the residential area where that type of use would be allowed as a matter of right, and nonresidential uses shall be treated as if they were located in a zone where that particular use would be allowed, either as a matter of right or subject to a discretionary process.

F.

Sound Mitigation. Residential dwelling units shall be designed to be sound attenuated against present and future project noise. New projects or new nonresidential uses in existing projects shall provide an acoustical analysis report, by an acoustical engineer, describing the acoustical design features of the structure required to satisfy the exterior and interior noise standards.

G.

Design Criteria.

1.

A mixed-use development project shall be designed and constructed to:

a.

Be pedestrian in its focus by:

i.

Providing direct pedestrian linkages to adjacent public sidewalks.

ii.

Creating enhanced pedestrian connections throughout the project between residential and nonresidential uses and parking areas.

iii.

Providing enhanced pedestrian amenities throughout the project, including seating, pedestrian area lighting, special paving, public art, water features, common open space, directories, and similar items to create a pleasant pedestrian experience.

b.

Incorporating architectural design elements and materials that relate to a pedestrian scale.

Locate uses in proximity to one another without large intervening parking lots so that it is convenient for people to walk between the various uses and park their vehicles only once.

d.

Create a pedestrian scale and character of development along the street by providing significant wall articulation and varying roof heights, incorporating pedestrian scale elements (e.g., doors, windows, lighting, landscaping), and locating storefronts and common open space areas (e.g., plaza, courtyard, outdoor dining) near the public sidewalk to contribute to an active street environment.

2.

Consistent Use of Architectural Details and Materials. Architectural style and use of quality materials shall be compatible and consistent throughout an entire mixed-use project. However, differences in architectural details and materials may occur to differentiate between the residential and nonresidential portions of the project. The overall project design and site layout shall be one that promotes a strong pedestrian environment and active street frontage. This can be accomplished by incorporating features into the project as outlined in subsection (3) below.

3. Features.

a.

Street Level Features. Variations in the front building plane shall be incorporated through the use of varying building setbacks, variations in wall planes, and the inclusion of pedestrian amenities (e.g., plaza, courtyard, outdoor dining, landscaping). Long expanses of blank walls shall be prohibited.

b.

Pedestrian-Oriented Features. At least seventy-five percent of the building frontage facing a public street, primary pedestrian way, or parking lot shall be devoted to pedestrian-oriented features (e.g., storefronts, pedestrian entrances to nonresidential uses; transparent display windows; landscaping).

c.

Upper Level Features. Upper floor balconies, bays, and windows shall be provided whenever opportunities exist for these types of features.

d.

Entrances. When nonresidential and residential uses are located in a vertical mixed use structure, separate pedestrian entrances shall be provided for each use. The entrances for nonresidential uses shall be designed to be visually distinct from the entrances for residential uses. Entrances to individual residential units in a vertical mixed use project shall not be allowed along a street frontage. Instead shared entrances to residential units located above the ground floor shall be from lobbies that serve multiple units.

Neighborhood Interface. The design of new infill development shall be sensitive to the scale and design characteristics of established structures in abutting residential neighborhoods, with the objective of achieving a harmonious transition between the new development and existing neighborhood. Consideration shall be given to factors including, but not limited to, orientation of architectural features, building articulation, and exterior building treatments.

f.

Lighting. Lighting shall be incorporated along sidewalks or other pedestrian walkways, plazas, paseos, courtyards, and other common open areas to enhance the pedestrian environment and increase public safety. Lighting for nonresidential uses shall be designed, located, and shielded to ensure that they do not adversely impact the residential uses, but shall provide sufficient illumination for access and security purposes consistent with the provisions of Section 19.19.130 (Lighting).

g.

Security. Projects shall be designed to minimize security risks to residents and to minimize the opportunities for vandalism and theft. This may be accomplished by:

i.

Maximizing visibility to common open space areas, internal walkways, and public sidewalks. Use opportunities for natural surveillance to increase visibility.

ii.

Using walkways, low fences, lighting, signage, and landscaping to clearly guide people and vehicles to and from the proper entrances.

iii.

Eliminating areas of concealment, hiding places, and dead spaces.

iv.

Using lighting to improve the visibility of common areas while enhancing the pedestrian environment. Lighting should not be overly bright and should provide a uniform level of light over the subject area to eliminate dark spaces.

(Ord. No. 656, § 4 (Exh. A), 11-19-2013)

19.47.100 - Outdoor dining. ¶

This section provides standards for outdoor dining areas within the HOO zone. Outdoor dining restricted is restricted to the ground floor only.

A.

Public Property. Outdoor dining on public property shall require approval of an encroachment permit by the public works director and compliance with the standards of the public works department.

B.

Private Property. Outdoor dining on private property shall comply with the following standards:

1.

Coordinated Design Scheme. The design and appearance of proposed improvements or furniture (e.g., tables, chairs, benches, umbrellas, planters, menu boards, etc.) to be placed in an outdoor dining area shall present a coordinated theme and shall be compatible with the appearance and design of the primary structure, as determined by the director.

2.

Hours of Operation. Hours of operation for outdoor dining areas shall coincide with those of the associated indoor restaurant.

3.

Property Maintenance. The operator shall maintain the outdoor dining area(s) in a neat, clean, and orderly condition at all times. This shall include all tables, benches, chairs, displays, or other related furniture. An adequate number of trash receptacles shall be provided to serve the outdoor dining area.

4.

Outdoor Bar Prohibited. A bar designed and/or operated to sell or dispense any alcoholic beverages shall not be allowed in the outside dining area.

5.

Location. Outdoor dining areas may be allowed to locate in required setback areas but shall not encroach into required parking areas. They may be allowed to encroach into a public right-of-way with an approved encroachment permit issued by the city engineer.

6.

Noise. Amplified sound (e.g., music, television, etc.) shall not be audible beyond the lot line.

C.

Review Criteria. When reviewing an application to allow outdoor dining, the review authority shall consider the relation of outdoor dining areas to sensitive noise receptors (e.g., hospitals, schools, and residential uses). Mitigation measures shall be applied to eliminate potential impacts related to glare, light, loitering, and noise.

(Ord. No. 656, § 4 (Exh. A), 11-19-2013)

19.47.110 - Driveway standards. ¶

This section will include standards for the design (width, pavement, fire access requirements, etc.) and placement (distance from intersections, line of sight standards, etc.) of driveways within the HOO zone.

A.

Access. Driveway access to a lot may be provided from a street or an adjacent property (if a shared access easement is provided). Driveways are encouraged to connect to other driveways to increase accessibility.

B.

Location. Driveway access points are prohibited within fifty feet of street intersections. A minimum of three hundred feet between driveways shall be maintained.

(Ord. No. 656, § 4 (Exh. A), 11-19-2013)

19.47.120 - Signs.

A.

Signage. All development within the HOO zone shall have a "sign program" as part of the project design. The sign program shall identify the location for all signage that may be located on the building, the allowable sign materials, lighting methods and sign design. In addition, temporary signs and banners will be included in the sign program, as to whether or not they are allowed, and if they are allowed, then where these signs may be located within the development project. At no time, shall the sign program allow for signage in excess of those standards within Chapter 19.25 (Signs). "Box" signs, "canister" or "can" signs are prohibited.

B.

Pedestrian-oriented, non-illuminated hanging "blade" signs that either hang under a colonnade or canopy, or project from the facade of a building, shall not be counted within the sign area formula that is used to calculate the maximum amount of sign area for each building. In other words, the hanging or projecting blade sign is a "free" sign in regards to being included in calculating the maximum amount of sign area that a development or store may have. In no case shall a pedestrian-oriented, non-illuminated hanging or projecting blade sign exceed two square feet maximum per sign face, or two square feet for a double-faced blade sign.

(Ord. No. 656, § 4 (Exh. A), 11-19-2013)

19.47.130 - Other applicable regulations. ¶

In addition to the requirements contained in Chapter 19.11, regulations contained in the following chapters of this title shall apply to development in the manufacturing zones:

Chapter 19.01: General Provisions

Chapter 19.19: Site Planning and General Development Standards

Chapter 19.21: Off-Street Parking and Loading

Chapter 19.23: Landscaping Standards

Chapter 19.25: Signs

Chapter 19.31: Standards for Specific Land Uses