A.

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

B.

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

C.

In addition to the adult business regulations contained in this division, the city has established provisions regulating live nude entertainment in bars, theaters, public dance establishments, and other entertainment establishments. These provisions are contained in Chapter 9.36 of the Municipal Code (Regulations of Nudity and Public Exposure).

(Ord. 544 §1(part), 2000).

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

(Ord. 544 §1(part), 2000).

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

(Ord. 544 §1(part), 2000).

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

(Ord. 550 §12, 2000).

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

(Ord. 544 §1(part), 2000).

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

(Ord. 544 §1(part), 2000).

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

A.

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

B.

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

C.

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

D.

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

(Ord. 544 § 1(part), 2000).

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

(1)

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

(2)

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

(3)

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

(4)

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

(5)

Adequate litter receptacles shall be provided.

(6)

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

(Ord. 544 § 1(part), 2000).

(Ord. No. 702, § 2, 9-4-2018)

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

A.

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

B.

Loitering on the premises shall be controlled.

C.

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

D.

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

E.

Noise from the premises shall be controlled and abated.

F.

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

(Ord. 544 § 1(part), 2000).

A.

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

B.

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

C.

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

D.

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

E.

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

F.

All vehicular circulation shall be entirely on site.

G.

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

H.

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

I.

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

J.

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

K.

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

L.

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

M.

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

N.

No gray water shall be discharged into the storm drain.

O.

All car wash sites shall be equipped with a clarifier.

P.

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

(Ord. 544 § 1(part), 2000).

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

A.

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

B.

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

C.

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

D.

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

E.

All auto detailing shall be done indoors.

F.

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

(Ord. 544 § 1(part), 2000).

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

A.

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

B.

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

C.

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

(Ord. 544 § 1(part), 2000).

A.

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

B.

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

C.

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

D.

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

(Ord. 544 § 1(part), 2000).

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

(Ord. 544 § 1(part), 2000).

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

(Ord. 544 § 1(part), 2000).

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

(Ord. 544 § 1(part), 2000).

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

(Ord. 544 § 1(part), 2000).

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

(Ord. 544 § 1(part), 2000).

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

(Ord. 544 § 1(part), 2000).

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

A.

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

B.

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

C.

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

(Ord. 544 § 1(part), 2000).

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

A.

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

B.

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

C.

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

D.

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

E.

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

(Ord. 544 § 1(part), 2000).

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

A.

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

B.

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

C.

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

D.

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

E.

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

(Ord. 544 § 1(part), 2000).

A.

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

B.

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

1.

Adequate vehicular and pedestrian access shall be provided.

2.

Adequate off-street parking shall be provided.

3.

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

4.

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

5.

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

(Ord. 544 § 1(part), 2000).

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

(Ord. 544 § 1(part), 2000).

A.

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

B.

The following standards shall apply:

1.

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

2.

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

3.

Drive-through facilities shall have two-way driveways.

4.

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

5.

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

6.

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

7.

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

8.

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

9.

Drive-up or drive-through speaker systems shall emit no more than fifty decibels four feet between the vehicle and the speaker and shall not be audible above the daytime ambient noise levels beyond the property boundaries. The system shall be designed to compensate for ambient noise levels in the immediate area and shall not be located within thirty feet of any residential district or any property used for residential uses.

10.

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

(Ord. 544 § 1(part), 2000).

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

(Ord. 544 § 1(part), 2000).

A.

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

B.

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

C.

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

(Ord. 544 § 1(part), 2000).

A.

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

1.

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

2.

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

3.

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

4.

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

5.

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

6.

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

7.

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

8.

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

9.

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

10.

All public utilities shall be installed underground.

11.

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

12.

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

13.

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

B.

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

1.

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

2.

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

3.

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

4.

A minimum of two outdoor trash receptacles shall be provided.

5.

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

C.

Establishments Operating 24 Hours. Any service station or multi-use station operating on a twenty-four-hour-per-day basis shall provide a secure environment for employees with improvements including, but not limited to, video surveillance cameras, silent alarms, and bullet-proof glass protecting the cashier area.

(Ord. 544 § 1(part), 2000).

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

A.

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

B.

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

C.

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

D.

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

E.

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

F.

No portable or display signs are allowed.

G.

Signs shall not project over any street or alley.

H.

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

I.

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

J.

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

(Ord. 544 § 1(part), 2000).

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

(Ord. 544 § 1(part), 2000).

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

(Ord. 544 § 1(part), 2000).

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

(Ord. 544 § 1(part), 2000).

A.

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

B.

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

C.

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

1.

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

2.

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

3.

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

4.

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

5.

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

6.

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

7.

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

(Ord. 544 § 1(part), 2000).

A.

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

B.

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

1.

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

2.

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

3.

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

4.

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

(Ord. 544 § 1(part), 2000).