CITY OF COMMERCE AGENDA REPORT
Item No.
TO: Honorable City Council
FROM: City Manager
SUBJECT: Second Reading and Adoption by Waiving Full Reading and Reading Title Only an Ordinance Approving a Zoning Ordinance Text Amendment: To Amend Section 19.21.130 (Loading and Unloading Requirements) of the City of Commerce Municipal Code To Limit the Hours of Loading and Unloading in Manufacturing Zoned Properties when Located Within 300 Feet of Properties Located in the City’s R-1 and R-2 Zones MEETING DATE: March 14, 2023
RECOMMENDATION:
Consideration of Second Reading by Waiving Full Reading and Reading by Title only an Ordinance titled, “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);” and Make a determination that the proposed Zoning Ordinance Text Amendment is exempt from environmental review pursuant to the guidelines of the California Environmental Quality Act (CEQA) (Title14, Chapter 3, Article 19, Section 15308, Actions by Regulatory Agencies for Protection of the Environment); or Provide an alternative recommendation.
PUBLIC HEARING NOTICE:
Notice of the City Council’s consideration of this Zoning Ordinance Text Amendment was published in Los Cerritos News on February 17, 2023 and in accordance with the City of Commerce Municipal Code.
SUMMARY:
Planning Staff is recommending that the City Council consider a Code Amendment to Title 19 (“Zoning”) of the Commerce Municipal Code, Section 19.21.130 (Loading and Unloading Requirements). The amendment would regulate Manufacturing Zoned properties to comply with permissible hours of loading and unloading activities to take place when within proximity to the City’s R-1 and R-2 Zoning Districts. Among other things, staff is considering limiting the hours of loading and unloading between the hours of 7:00AM to 7:00PM when located within 300 feet of properties located in the City’s R-1 and R-2 zones. Outside of these hours, there will be a possible consideration that may include the use of the Conditional Use Permit (“CUP”) to tailor the hours of loading and unloading outside of the permissible hours. The proposed amendments will be applicable to Manufacturing Zoning Districts when located within 300 feet of properties located in the City’s R-1 and R-2 zoning districts.
BACKGROUND:
For the last couple of years, staff has received calls of concern regarding loading and unloading activity occurring at very early hours of the day and in conjunction with non-residential uses along Washington Boulevard, near Leo Avenue. Along the eastern side of Washington Boulevard, there exists a row of residentially zoned uses which have their rear yards facing towards the commercial uses on Washington Boulevard. These residences appear to be most impacted by commercial activity. In order to address the concern regarding inconsistent hours of loading and unloading activity, the City is considering an amendment to Section 19.21.130 which would provide for Loading and Unloading to be restricted to certain hours, while requiring a CUP for loading and unloading outside of those permitted hours.
As written in the City of Commerce Municipal Code, the intent of loading and unloading regulations is to ensure that all businesses and land uses in the city provide adequate off-street parking facilities, loading areas, and vehicle movement area associated with a use. The intent of these regulations is to ensure that the use of land does not interfere adversely with the circulation of public rights-of-way, that private on-site circulation does not pose a potential safety issue, and that surrounding uses are insulated from the noise and traffic impacts associated with off-street parking and loading activities.
Loading and Unloading Requirements
Pursuant to Section 19.21.130, generally, every commercial, industrial, or office land use shall provide adequate off-street loading space to serve the site and buildings without blocking vehicular movement to a driveway, parking stall, street, or alley. Additional loading spaces may be required depending on the size or scope of a particular business.
On January 25, 2023, during a Special Planning Commission meeting, the Planning Commission considered the proposed zoning text amendment and adopted a resolution recommending that the City Council adopt an Ordinance to approve the amendment of Section 19.21.130 (Loading and Unloading Requirements) of the City of Commerce Municipal Code, to limit the hours of loading and unloading in Manufacturing Zoned properties when located within 300 feet of all residential Zoned Properties. The City Council should note that Staff’s initial recommendation was to limit the hours of loading and unloading when located within 300 feet of R-1 Zoned properties only, however, the Planning Commission modified the recommendation to include all Residential Zoned properties.
During this meeting, the Planning Commission also expressed concern regarding the limited resources within the Code Enforcement Division. They asked that the City Council consider augmenting Code Enforcement personnel in order to adequately enforce the City’s new and existing policies.
On February 28, 2023, the City Council held a public hearing to consider approval of the proposed text amendment. During the meeting, the City Manager proposed a modification to the Planning Commission’s recommendation that would limit the hours of loading and unloading when located within 300 feet of R-1 and/or R-2 Zoned Properties. The City Council voted 4-0 (Mayor was absent) to approve said text amendment with the City Manager’s recommended language.
ZONING ORDINANCE TEXT AMENDMENTS:
Staff is recommending to expand Section 19.21.130 of the Commerce Zoning Ordinance to add language to establish a loading time window, while also providing for a mechanism to honor uses that may require loading during unique hours of a day. As such, staff is recommending the following (proposed new language is bold and underlined):
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/or 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.
ENVIRONMENTAL ASSESSMENT:
This project has been determined to be exempt from environmental review pursuant to the guidelines of the California Environmental Quality Act (Public Resources Code §21080(b)(9); Administrative Code, Title 14, Chapter 3, §15308, Class 8, Actions by Regulatory Agencies for Protection of the Environment). Class 8 consists of actions taken by regulatory agencies, as authorized by local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment. In this case, the project is a request to modify the Zoning Code to address loading and unloading activity when adjacent to properties located in the City’s R-1 and/or R-2 Zoning Districts. Any changes from a project subject to this recommendation shall be reviewed at the appropriate time.
FISCAL IMPACT:
The undertaking of this Zoning Ordinance Text Amendment to regulate these uses can be carried out without any fiscal impact to the City.
Respectfully submitted by: Edgar P. Cisneros, City Manager Recommended by: Viviana Esparza, Economic Development & Planning Approved as to form by: Noel Tapia, City Attorney
Attachments:
Loading and Unloading Ordinance