ATTACHMENT “2”ATTACHMENT “2”ORDINANCE NO.
ATTACHMENT “2”
ATTACHMENT “2”
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COMMERCE, CALIFORNIA, APPROVING ZONING TEXT AMENDMENT (“ZTA”) NO. 25-02 AMENDING TITLE 19 (ZONING) SECTION 19.31.100(2) OF THE COMMERCE MUNICIPAL CODE (“CMC”) RELATED TO DISTANCE SEPARATION REQUIREMENTS FOR USES PROVIDING ALCOHOL SALES FOR OFF-SITE CONSUMPTION ALONG DESIGNATED COMMERCIAL CORRIDORS WHEREAS, the City of Commerce (“City”) is a general law city, incorporated under the laws of the State of California; and WHEREAS, on December 12, 2025, Jennifer Oden of Solomon, Saltsman & Jamieson (“Applicant”) filed a complete application for Conditional Use Permit (“CUP”) No. 25-12 in conjunction with ZTA No. 25-02, as described herein (“Project”); and WHEREAS, the Application pertains to the existing ARCO gasoline service station with an integrated AM/PM convenience store located at 6100 E. Washington Boulevard, Commerce, California, Assessor’s Parcel Number 6334-026-011 (“Property”); and WHEREAS, the Property is located south of Washington Boulevard, between Fidelia Avenue and the I-5 Freeway, and is improved with curb, gutter, and sidewalk improvements along Washington Boulevard and Sheila Street; and WHEREAS, the Community Development Element of the General Plan designates the Property as Commercial Manufacturing with the corresponding consistent zoning designation of Commercial Manufacturing (“C/M-1”); and WHEREAS, the existing convenience store and gasoline service station use is consistent with the goals and policies of the Community Development Element of the General Plan, and the proposed off-sale beer and wine service is an ancillary retail service commonly provided at similar convenience store operations; and WHEREAS, the Applicant, on behalf of the business owner, desires to sell beer and wine for off-site consumption (California Department of Alcoholic Beverage Control (“ABC”) Type-20 License), which requires approval of a CUP in accordance with Section 19.11.030 of the CMC and is contingent upon the approval of the ZTA; and WHEREAS, the proposed ZTA amends Section 19.31.100(2) of the CMC related to distance separation requirements applicable to certain alcohol-related uses; and WHEREAS, the ZTA is intended to provide flexibility in evaluating alcohol-related uses while maintaining discretionary review and project-specific analysis of compatibility and potential impacts through the CUP process; and WHEREAS, the Project is consistent with the General Plan Commercial Manufacturing designation and supports Community Development Policies 1.1, 2.4, and 2.9, which promotes orderly and compatible commercial development within established commercial corridors, while maintaining compatibility with surrounding commercial and industrial uses; and WHEREAS, notice of the Planning Commission public hearing for the Project was provided in the time, form, and manner required by law, including publication, posting, and mailing, in accordance with the provisions of the CMC and the California Government Code; and WHEREAS, on May 28, 2026, the Planning Commission opened the public hearing and continued the matter to the next available Planning Commission meeting, which was held on July 15, 2026, due to the cancellation of the June 17th, 2026, meeting; and WHEREAS, on July 15, 2026 at the continued public hearing, the Planning Commission approved the CUP and recommended approval of the ZTA to the City Council; and WHEREAS, notice of the City Council public hearing for the Project was provided in the time, form, and manner required by law, including publication, posting, and mailing, in accordance with the provisions of the CMC and the California Government Code; and WHEREAS, on August 25, 2026, the City Council held a duly noticed public hearing; and WHEREAS, the City Council has considered the staff report, Planning Commission recommendation, public testimony, and all other evidence in the administrative record; and WHEREAS, the City Council finds the proposed ZTA is consistent with City of Commerce General Plan, the CMC, and the public health, safety, and welfare.
NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF COMMERCE DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The above recitals are true and correct and incorporated herein as part of the findings.
Section 2. The City Council hereby finds that the adoption of this Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061(b)(3), the common sense exemption. The amendment modifies regulatory standards for alcohol-related uses and does not authorize any development or physical change to the environment. Therefore, it can be seen with certainty that there is no possibility the amendment may have a significant effect on the environment, and no further environmental review is required.
Section 3. Pursuant to Section 19.39.310 of the CMC, the City Council makes the following findings to support the approval of a ZTA in this matter:
That the proposed change of zone or zoning ordinance text amendment is consistent with the goals, policies, and objectives of the General Plan. The proposed ZTA is consistent with the goals, policies, and objectives of the City of Commerce General Plan in that the amendment maintains discretionary review procedures for alcohol-related uses and supports orderly and compatible commercial development within established commercial corridors.
That the proposed change of zone or zoning ordinance text amendment will not adversely affect surrounding properties. The proposed ZTA will not adversely affect surrounding properties because the amendment does not automatically permit alcohol-related uses, and all future applicable projects would remain subject to CUP review, project-specific compatibility analysis, and conditions of approval, as determined appropriate by the City.
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 Title 19. The proposed ZTA promotes public health, safety, and general welfare and serves the goals and purposes of Title 19 of the CMC by maintaining regulatory oversight of alcohol-related uses while allowing flexibility in evaluating such uses along designated commercial corridors.
Section 4. Section 19.31.100(2) of the CMC is hereby amended to read as follows:
Amendments to existing CMC Section 19.31.100(2)
Section 19.31.100(2) of the Commerce Municipal Code shall be amended to read as follows:
“The proposed use shall not be located within five hundred (500) feet of, 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 as defined by the Commerce Municipal Code, or to any use requiring an off-sale alcoholic beverages license, provided the use is located along either Washington Boulevard or Atlantic Boulevard. Notwithstanding these exemptions, the city may deny an application if it is determined that a proposed use adversely affects any adjacent or nearby religious facilities; residences; public or private schools; public parks or recreation centers; or public or parochial playgrounds.” Section 5. The City Clerk shall certify the passage and adoption of this Ordinance and it shall go into effect thirty (30) days following its adoption.
PASSED, APPROVED AND ADOPTED this 25th day of August, 2026.
Kevin Lainez, Mayor
ATTEST:
Eduardo Sarmiento
City Clerk
Ordinance No.
Ordinance No.