§ 19.39

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).

Table 19.39.020A outlines the types of review procedures in effect in Commerce.

Table 19.39.020A

Hearing Bodies and Responsibilities

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.

C.

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.

B.

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

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).

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:

a.

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).

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).

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).

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).

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).

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).

19.39.140 - Noticing.

A.

For applications requiring a public hearing, upon accepting an application as complete, the community development director shall set the time and place of the public hearing consistent with the requirements of this Title 19. The city council shall have the authority to change the time or place of a hearing. However, in all cases, the hearing shall be held within thirty days of the date on which the application has been accepted as complete, unless a longer time period is required to accommodate environmental review under the provisions of the California Environmental Quality Act.

B.

The time and place of the public hearing shall be published in a newspaper of general circulation in the city not less than ten days prior to the date of the hearing. The notice shall include the time, place, identity of the hearing body or officer, the nature of the application, the application number, and the general location of the property under consideration.

C.

Notice shall be given to all owners of property located within the designated radius of the exterior boundaries of the subject property, pursuant to Sections 19.39.070(C), (D), and (E) of this chapter.

D.

Additional notice of the hearing shall be provided in accordance with procedures established by the planning commission.

(Ord. 544 § 1(part), 2000).

When notice of a hearing is given pursuant to this Division 3, the following documentation shall be deemed sufficient to serve as proof that such notice was given:

A.

Publication. When notice is given by publication, an affidavit of publication by the newspaper in which the publication was made.

B.

Mailing. When notice is given by mail or other delivery, an affidavit or proof of mailing/delivery must be made, showing, at a minimum, the date or dates of mailing/delivery and the list of persons and groups to which the mailing/delivery was made.

(Ord. 544 § 1(part), 2000).

Failure to send notice to any property owner whose address is not on the most recent roll of the Los Angeles County Assessor shall not invalidate any of the proceedings.

(Ord. 544 § 1(part), 2000).

A.

Hearing Body Review. At the public hearing, the authorized hearing body shall review the application and any pertinent materials submitted with the application, and any report prepared by the community development director or his designee based on city staff's investigation of the application.

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).

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).

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).

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).

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).

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).

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).

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).

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).

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).

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 <==

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).

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).

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).

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.

B.

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).

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).

DIVISION 7. - CONDITIONAL USE PERMITS

19.39.390 - Intent and purpose.

A.

The city recognizes that certain uses, due to the nature of use, intensity, or size, require special review to determine if the use proposed, or the location of that use, is compatible with surrounding uses, or through the imposition of development and use conditions, can be made compatible with surrounding uses. The conditional use permit is provided for this purpose.

B.

To ensure compatibility with zoning regulations and surrounding properties, conditional uses require special consideration. The planning commission is empowered to grant and deny applications for conditional use permits and to impose reasonable conditions upon the granting of such permit.

C.

Applications for conditional use permits may be submitted only for those uses specified as allowable conditional uses in the applicable zone district. A conditional use permit is not a substitute for a change of zone or zoning ordinance text amendment.

(Ord. 544 § 1(part), 2000).

A.

An application for a conditional use 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.

(Ord. 544 § 1(part), 2000).

A.

Community Development Director Investigation. The community development director or his designee 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.

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 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.

d.

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)

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).

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).

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).

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).

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.

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 [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:

A.

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).

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).

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.

A.

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).

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).

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.

Community Development Director Investigation. The community development director or his designee 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.

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:

A.

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).

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).

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).

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).

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).

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).

A.

Community Development Director Investigation. The community development director or his designee 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.

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.

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 [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:

A.

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)

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).

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).

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)

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.

C.

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.

Community Development Director Investigation. The community development director or his designee 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.

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.

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.

(Ord. 544 § 1(part), 2000).

(Ord. No. 762, § 2, 8-4-2020)

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.

Hours of operation;

C.

Walls or fences;

D.

Signs;

E.

Lighting;

F.

Traffic circulation, ingress, and egress;

G.

Other conditions deemed necessary to protect the public health, safety, and general welfare.

(Ord. 544 § 1(part), 2000).

(Ord. No. 762, § 2, 8-4-2020)

19.39.790 - Bond may be required.

Prior to the issuance of a temporary use permit or special event permit, the city may require a cash bond to be deposited with the city for the purpose of defraying the costs of property cleanup by the city, in the event the permittee fails to do the same. The amount of the cash bond shall be established by the community development director or planning commission in the permit conditions of approval.

(Ord. 544 § 1(part), 2000).

(Ord. No. 762, § 2, 8-4-2020)

Signage for temporary uses or special events is permitted, provided such signage complies with regulations set forth in Section 19.25.110 (Temporary signs) of this Title 19.

(Ord. 544 § 1(part), 2000).

(Ord. No. 762, § 2, 8-4-2020)

DIVISION 12. - HOME OCCUPATION PERMITS

19.39.810 - Intent and purpose.

A.

Intent. The City of Commerce recognizes that a residential property owner has a limited right to conduct a nonobtrusive business from his residence, and that the average neighbor generally will prefer to have that business conducted in such a fashion that neighbors are unaware of its existence.

B.

Purpose. The purpose of this Division 12 is to allow such home occupations to exist while maintaining the residential character of residential neighborhoods and preventing the use of home occupations from transforming a residential neighborhood into a commercial one. In addition, such businesses encourage and promote efforts to reduce traffic congestion and the generation of pollutants by allowing and recognizing changing work environments, including telecommuting and work-at-home options, and shall be allowed in the city subject to the regulations of this Division 12.

(Ord. 544 § 1(part), 2000).

19.39.820 - Review authority, decision, noticing, and appeals.

A.

Authority. The director of public works and development services, or his/her designee, shall consider all evidence presented in the application for a home occupation. The review authority shall make findings of fact in accordance with the criteria herein set forth, and may impose conditions to safeguard and protect the public health, safety and promote the general welfare. This includes the ability for staff to conduct random, un-announced inspections as needed.

B.

Decision and Noticing. The director or his/her designee shall place in the mail a copy of the draft decision, addressed to the applicant and all properties within a two-hundred-foot radius, pursuant to Section 19.39.070E of the City of Commerce Municipal Code. Upon receiving questions or comments that bring new facts to light within fourteen calendar days of sending out the letter, the director or his/her designee, may change the decision should he/she find that the findings of fact have changed and effect the compliance of proposed home occupation with the criteria herein set forth. In such cases, a revised decision letter shall be sent out, restarting the comment, question, and appeal period.

C.

Appeals. A decision of the director of public works and development services shall become final on the fifteenth day following the date of the decision unless an appeal to the planning commission is filed pursuant to Division 4 (Appeals and Revocations) of Chapter 19.39.

(Ord. 544 § 1(part), 2000).

(Ord. No. 756, § 2, 12-3-2019)

Home occupation permits may be obtained for home based businesses that comply with the regulations of Sections 19.39.810 through 19.39.850 of this code, and are located in legally established residential unit(s) in a residentially-zoned property or residential units within mixed-use projects only. The home occupations identified in subsection (A) are allowed; those identified in subsection (B) are prohibited.

A.

Allowed Home Occupations. The following are deemed appropriate business activities when conducted by the occupants of a dwelling (non-resident employees may be allowed in compliance with Section 36.410.030.C.9 of this code) in a manner accessory to and compatible with the residential characteristics of the surrounding neighborhood. Allowable home occupations shall be limited to the following activities:

1.

Art, music, and similar fine-art related lessons, and academic tutoring, which do no generate more than six additional vehicle trips to the dwelling each day;

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)

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).

DIVISION 13. - BUILDING RELOCATION PERMIT

19.39.870 - Intent and purpose.

A.

The building relocation procedure is provided to ensure that buildings can be moved from one location to another without adversely impacting their structural integrity, and to ensure that such buildings are compatible with existing and future development in the area to which they are relocated.

B.

A building relocation permit shall be required to move any building or structure, whether transported as a unit or in sections, from one lot to another or for a distance of twenty feet or more within a single lot.

(Ord. 544 § 1(part), 2000).

A.

An application for a building relocation 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.

(Ord. 544 § 1(part), 2000).

A.

Upon acceptance of a building relocation 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).

In acting to approve or conditionally approve a building relocation permit, the community development director shall make the following findings.

A.

That the structure is compatible with the type and quality of structures existing or expected to develop within seven hundred feet of the building relocation site; and

B.

That the relocation will not conflict with any standard of this Title 19; and

C.

That the structure to be relocated is free of pest infestation, with certification provided from a qualified pest extermination company; and

D.

That the proposed relocation will not be detrimental to the environment, properties, or residents of the area; and

E.

That the relocation will not adversely affect proposed streets or improvements in the area, nor be in conflict with the city's general plan; and

F.

That the relocation will not result in a violation of any law, ordinance, or regulation.

(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.

A building relocation permit subject to lapse may be renewed up to a three-month period, provided that the application for renewal is filed with the community development department prior to the expiration date.

(Ord. 544 § 1(part), 2000).

DIVISION 14. - HISTORIC LANDMARK/DISTRICT DESIGNATION

This Division 14 is established to recognize and preserve the history of the City of Commerce and Southern California by providing for the identification and designation of historic places, buildings, works of art, neighborhoods, and other objects of historic or cultural interest.

(Ord. 544 § 1(part), 2000).

A.

Applications for designation of a historic landmark may be initiated by any person who is able to demonstrate a legal vested interest in the property proposed for the landmark designation. 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.

Applications for designation of a historic district may be initiated by any individual, the community development director, the planning commission, or the city council.

(Ord. 544 § 1(part), 2000).

A.

Determination of Application's Merit. Upon acceptance of an application for designation of a historic landmark or historic district as complete, the community development director shall forward the application to the cultural resource management commission for a preliminary assessment of the merits of the application.

B.

No Merit Determination. If the cultural resource management commission determines that the application has no merit, the application shall be rejected and no further action shall be taken unless an appeal is filed pursuant to the provisions of Division 4 (Appeals and Revocations) of this Chapter 19.39.

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:

A.

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).

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).

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).

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.

Changes in any specific plan boundary.

C.

Increase or decrease in the specified density for any area.

D.

Changes in standards or regulations, including landscaping and design standards.

(Ord. 544 § 1(part), 2000).

19.39.1020 - Compliance with approved specific plan.

All development within a specific plan shall comply with the approved plan.

(Ord. 544 § 1(part), 2000).

19.39.1030 - Reserved. DIVISION 16. - RESERVED[[5]]

Footnotes:

--- ( 5 ) ---

Editor's note— Ord. No. 612, § 6, adopted Oct. 7, 2008, repealed Div. 16, §§ 19.39.1040—19.39.2000, which pertained to design review and derived from Ord. No. 544, § 1(part), adopted 2000.

19.39.1040—19.39.2000 - Reserved. CHAPTER 19.45 - DEFINITIONS

19.45.010 - General.

A.

For the purposes of this Title 19, certain words, phrases, and terms used herein shall have the meaning assigned to them by this chapter.

B.

For general terminology used throughout this Title 19, refer to Section 19.01.040 (Terminology). For terminology used in this Title 19 but not defined in this chapter or in Section 19.01.040, the definitions used in the Uniform Building Code or accepted dictionaries of the English language shall govern.

(Ord. 544 § 1(part), 2000).

19.45.020 - "A" Definitions.

"'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)