ORDINANCE NO. ______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COMMERCE, CALIFORNIA, AMENDING TITLE 19 (ZONING) OF THE COMMERCE MUNICIPAL CODE TO MODIFY CHAPTER 19.21.130 (Loading and Unloading Requirements) WHEREAS, the City of Commerce (“City”) is a general law city, incorporated under the laws of the State of California; and WHEREAS, the proposed zoning text amendment is consistent with the City of Commerce General Plan, as it would help to further the goals and objectives of the Plan which is intended to promote and protect its residential zoning districts; and WHEREAS, the purpose of this zoning code text amendment is to regulate loading and unloading activity in Manufacturing Zoned properties, when adjacent to R-1 and R-2 Zoned Properties; and WHEREAS, City staff drafted the limited hours of loading and unloading activity to ensure additional regulations are implemented in order to ensure there is no possibility for incompatible land uses to exist within the City; and WHEREAS it was determined that adding this regulation would ensure the city has the necessary regulations to protect its limited residential zoning districts within the City; and WHEREAS, a zoning text amendment to Title 19 (Zoning) of the Commerce Municipal Code is required in order to clarify the allowable hours that loading and unloading is permitted when within 300 feet of R-1 and R-2 Zoned properties, and that a Conditional Use Permit (CUP) be required to allow for loading and unloading outside of the allowable hours; and WHEREAS, the Planning Commission held a public hearing on January 25, 2023, for the purpose of recommending that the City Council approve a text amendment regarding loading and unloading requirements ; and WHEREAS, after conducting a duly noticed public hearing on February, 28, 2023, the City Council approved said Zoning Ordinance Text Amendment, making a determination that the text amendment is exempt from environmental review pursuant to the guidelines of the California Environmental Quality Act.
NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF COMMERCE DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. That the adoption of this Ordinance is not subject to the California Environmental Quality Act (“CEQA”), as it is an activity that will not result in a direct or reasonably foreseeable indirect physical change in the environment. Even if it were a project, it would be exempt under Title 14 of the California Code of Regulation §15061(b) (3) in that there is no possibility that the activity may have a significant effect to the environment.
Section 2. Title 19 (Zoning), and more specifically, Chapter 19.21.130 (Loading Requirements) of the Commerce Municipal Code is hereby amended, to read as follows:
19.21.130 – Loading and Unloading Requirements.
General. Every commercial, industrial, or office land use shall provide adequate off-street loading areas to accommodate the delivery vehicles associated with operation of the use on that site. Loading space shall be situated to serve the site and buildings without blocking vehicular movement to a driveway, parking stall, street, or alley.
Loading Space Dimensions. An individual loading space shall be at least twelve feet wide by forty-five feet long and shall have a minimum vertical clearance of fifteen feet.
Required Loading Spaces. Loading spaces shall be provided as set forth in Table 19.21.130A.D.Additional Spaces. Additional loading spaces may be required at the time of project review if determined to be necessary to assure adequate loading and parking spaces.
Additional Spaces. Additional loading spaces may be required at the time of project review if determined to be necessary to assure adequate loading and parking spaces.
Table 19.21.130A
Required Loading Spaces
Gross Floor Area of Use
Minimum Number Loading Spaces
Under 8,000 sf
1 8,001 - 25,000 sf
2 25,001 - 50,000 sf
3 50,001 - 100,000 sf
4 100,001 - 200,000 sf
5 Each additional 100,000 sf or fraction thereof above 200,000 sf 1 Maneuvering and Queuing Areas.
No loading dock or door shall be visible from a public right-of-way.
Adequate area shall be provided to allow all maneuvering to occur on the site.
Approaches shall be designed to preclude direct access to a loading dock or door from a street.
Adequate queuing space shall be provided on site to ensure that vehicles waiting to access loading bays or spaces are not stopped on any public right-of-way. A minimum of one hundred fifteen feet of linear queuing space shall be provided between such bay or space and any adjacent public street or alley from which access is obtained.
Loading from Alleys. For all commercial and industrial buildings on lots abutting an alley, a twenty foot long by twelve feet wide by fifteen feet high loading space shall be provided for every two thousand square feet of gross floor area. Vehicles shall not be permitted to park in any alley while loading or unloading.
Markings
Each loading space shall be clearly marked. All such spaces shall be kept clear and unobstructed at all times.
All loading areas must be appropriately striped and labeled with a minimum three-inch wide striping and lettering.
Loading Doors. Loading doors shall be oriented either toward the rear or side property lines. Loading doors shall be designed and painted to blend with the exterior walls of the structure.
Passenger Loading. Passenger loading areas shall be provided at schools, hospitals, clinics, and similar facilities where passengers are frequently loaded and unloaded. The loading area shall consist of a bay or similar feature that allows vehicles to load/unload passengers without impeding vehicle traffic flow on a public right-of-way.
Within all Manufacturing Zones (as defined by Chapter 19.11) there shall be no loading or unloading, for any purpose, or as part of or related to any business activity, either in or within 300 hundred feet of properties located in the City’s R-1 and R-2 Zones after the hour of 7:00PM, nor before the hour of 7:00AM, seven days a week.
Exceptions:
(a) The loading or unloading of any merchandise within a fully enclosed permanent building or structure of which all doors, windows and other potential openings are fully enclosed at the time of such loading and unloading; or (b) The loading or unloading of any merchandise on any premises where the city has, either prior to or after the effective date of the ordinance codified in this chapter, approved a conditional use permit setting forth permissible hours for such loading or unloading different from those contained in this chapter, and in such event, the hours stated in the conditional use permit, as such may be amended from time to time, shall control SECTION 3. This Ordinance shall take effect on the thirty-first (31st) day after its adoption.
PASSED, APPROVED AND ADOPTED this 14th day of March, 2023. __________________________
Oralia Y. Rebollo, Mayor
ATTEST:
___________________________
Lena Shumway
Secretary/City Clerk
Ordinance No. __________