Planning Commission
March 9, 2022
Planning Commission
Planning Division Staff Report
DATE: March 9, 2022
TO: Chairperson and Members of the Planning Commission
FROM: Planning Division
REQUEST: Specific Plan Amendment (SPA-16022-2021) & Conditional Use Permit (CUP-16022-2021) Request to amend the Downtown Pomona Specific Plan, Residential Multi-Family District (R-MF) to add “Alcohol Sales (On-Sale)” and “Alcohol Sales (Off-Sale)” as a permitted use subject to Conditional Use Permit. As part of this action, “Convenience Markets” will also be added as a permitted use by-right. The application is concurrently requesting a Conditional Use Permit to allow a Type 41 and Type 20 alcohol license for on-sale and off-sale beer and wine on a property located within the Residential Multi-Family District of the Downtown Pomona Specific Plan.
EXECUTIVE SUMMARY
The applicants representing Mi Mercadito market are requesting to amend the Downtown Pomona Specific Plan, Residential Multi-Family District (R-MF) to add “Alcohol Sales (On-Sale)” and “Alcohol Sales (Off -Sale)” as a permitted use sub ject to Conditional Use Permit and “Convenience Markets” as a permitted use by-right.
The applicants are concurrently requesting a Conditional Use Permit to allow a Type 41 on- sale beer and wine and Type 20 off-sale beer and wine within an existing legal nonconforming convenience market and eating establishment. The applicants are not p roposing any expansion of the existing structure nor any interior or exterior tenant improvements to the property.
STAFF RECOMMENDATION
Staff recommends that the Planning Commission move to close the public hearing and adopt draft PC Reso No. 22-010 and PC Reso No. 22 -011 recommending City Council approval of Specific Plan Amendment (SPA -16022-2021) and approving Conditional Use Permit (CUP - 16022-2021), subject to conditions (Attachment 1 & 2).
PROPERTY DETAILS
Address 269 N Park Avenue
Assessor’s Parcel Number (APN) 8340-035-005
Lot Size 14,289 SF
General Plan Place Type Transit Oriented District: Neighborhood General Plan Transect Zone T5 Typical (80 dwelling units per acre) ATTACHMENT NO. 2
SPA-16021-2021
CUP-16022-2021
269 N Park Avenue
Planning Commission
March 9, 2022
RELATED ACTIONS
Historic Preservation N/A
Code Enforcement N/A
Building & Safety N/A
Planning N/A
LOCATION OF REQUEST
A. General Location
The location is a single parcel along Park Avenue and Monterey Avenue in Downtown Pomona.
It is located north of Commercial Street and South of Holt Avenue.
Fig. 1. Aerial Map
Zoning District N/A
Historic District N/A
Specific Plan Downtown Pomona Specific Plan,
Residential Multi-Family District
City Council District District 1
Applicant Daniel and Elvia Yoguez
Property Owner Yoguez Family Trust
SPA-16021-2021
CUP-16022-2021
269 N Park Avenue
Planning Commission
March 9, 2022
B. Adjacent Land Uses & Current Zoning
The parcel is located within the Residential Multi -Family Zone (R -MF) of the Downtown Pomona Specific Plan (identified in light orange ), and adjacent to Mixed-Use High Density Residential to the east (identified in bright orange). To the north lies a vacant lot and residential neighborhood. To the w est along Parcels Street lies varying commercial uses. To the south lies a vacant commercial structure and to the east lies a commercial industrial use.
There are predominantly commercial and residential uses within the immediate vicinity of the location.
Fig. 1.2. Zoning Map
C. General Plan Land Use
The Pomona General Plan identifies the location as part of a “ Transit Oriented District:
Neighborhood” (identified in light brown-orange) which is intended to be the most active and walkable districts in the city and feature development types of greater intensity and feature a wide range of uses with a focus on housing . The existing convenience market serves the adjacent residential neighborhood as a source of fresh produce.
RESIDENTIAL
MULTI-FAMILY
(R-MF)
MIXED USE
HIGH DENSITY
RESIDENTIAL
(MU-HDR)
SPA-16021-2021
CUP-16022-2021
269 N Park Avenue
Planning Commission
March 9, 2022
Fig. 1.3. General Plan Map
REQUEST & PROJECT DETAILS
A. Request
The applicants Daniel and Elvia Yoguez, representing Mi Mercadito market are requesting to amend the Downtown Pomona Specific Plan (DPSP), Residential Multi-Family District (R-MF) to add “Alcohol Sales (On-Sale)” and “Alcohol Sales (Off-Sale)” as a permitted use subject to Conditional Use Permit. As part of this request “Convenience Markets” will also be added as a permitted use by-right.
The applicants are concurrently requesting a Conditional Use Permit to allow a Type 41 and Type 20 alcohol license for on-sale and off-sale beer and wine, which are defined by California Alcohol Beverage Control (ABC) as the following:
Type 41 - On-Sale Beer & Wine - Eating Place
TRANSIT ORIENTED
DISTRICT:
NEIGHBORHOOD
TRANSIT ORIENTED
DISTRICT: CORE
SPA-16021-2021
CUP-16022-2021
269 N Park Avenue
Planning Commission
March 9, 2022
(Restaurant) Authorizes the sale of beer and wine for consumption on or off the premises where sold. Distilled spirits may not be on the premises (except brandy, rum, or liqueurs for use solely for cooking purposes). Must operate and maintain the licensed premises as a bona fide eating place. Must maintain suitable kitchen facilities, and must make actual and substantial sales of meals for consumption on the premises. Minors are allowed on the premises.
Type 20 - Off-Sale Beer & Wine
(Package Store) Authorizes the sale of beer and wine for consumption off the premises where sold. Minors are allowed on the premises.
B. Operations
The business currently operates with ten employees and is open Monday through Sunday from 8am to 9pm and is not anticipating any change in business hours (Attachment 3).
For the type 41 on-sale beer & wine license, all products will be stored behind the food counter in a small refrigerator as indicated on the floor plan (shaded in purple). For this license patrons would be required to order from the lunch counter and all products would be provided by staff from behind the counter with zero accessibility given to patrons (Attachment 4).
For the type 20 off-sale beer & wine license, all products for sale to customers will be located within a refrigerator located along the back wall of the convenience market (shaded in orange), allowing a direct line of site from the refrigerator to the register for staff. Inventory for both licenses that is inaccessible to the public will be stored on two shelves on the back wall of the walk-in cooler.
Additionally, in an effort to prevent the sale of alcohol to minors and prevent consumption of alcohol on premise, Mi Mercadito market staff will be fully trained in ID verification for any patron appearing under 40 years of age, on site security staff will be implemented as needed, and the market is fully equipped with existing surveillance cameras.
Fig. 2. Proposed Floor Plan
SPA-16021-2021
CUP-16022-2021
269 N Park Avenue
Planning Commission
March 9, 2022
C. Property History
According to Building & Safety permit records, the existing 4,000 square foot commercial structure containing the convenience market and ancillary restaurant was constructed following the demolition of a two-story residential structure in 1962. According to City business license records beginning in 1977 the structure served as a fresh produce wholesale business for J & G Produce and has served as a neighborhood convenienc e market since 1997, with Mi Mercadito taking over operations in 2001.
The existing market is considered the one of t wo convenience markets with fresh produce within in the neighborhood. With Stater Brothers Market as the nearest large scale General Retail Market at .7 miles on Garey Avenue and the second nearest being Cardenas Markets at 1.5 miles on Holt Avenue.
The building façade remains largely in its original state based on building permit history, with the exception of signage and some interior remodeling to accommodate the ancillary restaurant use . The applicant is not proposing any interior tenant improvements to accommodate the proposed alcohol use and intends on operating in the same capacity.
STAFF ANALYSIS
SPECIFIC PLAN AMENDMENT
A. Applicable Code Sections
Pursuant to Pomona Zoning Ordinance (PZO) Section .584-J, a specific plan may be amended in the same manner that it was adopted. Specific Plan amendments are subject to the same findings as those that pertain to initial specific plan approval.
1. The proposed plan systematically implements and is consistent with the general plan;
2. The proposed plan will not be detrimental to the public interest, health, safety, convenience, or welfare of the city;
3. The subject property is physically suitable for the requested land use designation(s) and the anticipated land use development(s);
4. The plan provides for the development of a comprehensively planned project that is superior to development otherwise allowed under conventional zoning classifications; and5.The proposed plan will contribute to a balance of land uses so that local residents may work and shop in the community in which they live.
B. Proposed Amendment
The proposed Specific Plan Amendment would amend Section 2.3.2. Table 2 -5 Land Use Matrix of the DPSP (Page 55), the rows proposed for change are Convenience Markets, Alcohol Sales (On-sale) and Alcohol Sales (Off-sale) within the Residential Multi-Family District column.
SPA-16021-2021
CUP-16022-2021
269 N Park Avenue
Planning Commission
March 9, 2022
This amendment would amend this section to allow Convenience Markets by-right (P), Alcohol Sales (On-sale) and Alcohol sales (O ff-sale) by Condition al Use Permit (C). The changes are outlined in the following figures below:
Fig. 3. Existing Table Text
Table 2-5, Land Use Matrix
MU-CBD MU-I MU-HDR R-MF
Commercial Uses
Alcohol Sales (On-sale) C C C -
Alcohol Sales (Off-sale) C C C -
Convenience Markets P P P -
Fig. 3.1. Proposed Table Text
Table 2-5, Land Use Matrix
MU-CBD MU-I MU-HDR R-MF
Commercial Uses
Alcohol Sales (On-sale) C C C C
Alcohol Sales (Off-sale) C C C C
Convenience Markets P P P P
C. Tribal Consultation
In accordance with Senate Bill 18 (Burton 2004) (Government Code §6532.3(a)(1)) Planning Division staff contacted the California Native American Heritage Commission for a list of Tribes with ancestral lands in Pomona and offered consultation on the propo sed specific plan amendment. None of the California Native American Tribes requested consultation regarding the proposed amendment.
D. General Plan Conformance
The project site is designated as General Plan Place Type Transit Oriented District:
Neighborhood, which contemplates commercial uses, as well as Transect Zones T4 -A, which allows residential densities of up to 70 dwelling units per acre. The proposed use is consistent with the sites’ designated General Plan Place Type. The project is consistent with the following General Plan goals:
Goals 6B.G4: Ensure that transit oriented districts are walkable, active, and well integrated into surrounding City districts and neighborhoods.
Goals 6B.G6: Cultivate Downtown as the “Heart of the City,” whe re residential, shopping, employment, entertainment, educational, art, cultural, and SPA-16021-2021
CUP-16022-2021
269 N Park Avenue
Planning Commission
March 9, 2022
civic activities are supported by transit, parks, parking, and a walkable environment.
Goals 7B.G10: Encourage expansion of existing businesses and extend efforts at business retention.
The proposed specific plan amendment to allow convenience markets by -right within the Residential Multi-Family District will positively affect the general welfare of the community as it will enable the property owners to establish needed c onvenience markets with fresh produce at a small scale within residential neighborhoods assisting with food access and promoting walkability within the Downtown area.
Allowing alcohol licenses by Conditional Use Permit within the Residential Multi-Family District through the proposed amendment will reinforce the aforementioned General Plan goals pertaining to walkabil ity, expansion of the Downtown a rea, and the economic support of existing businesses. In addition, as of 2021, the Conditional Use Permit application contains an annual inspection fee in which the Planning Division may inspect the property to ensure the issued Conditional Use Permit is satisfying all issued conditions of approval. Should the permit conditionals of approval not be satisfied or the permit with correlation prove to contribute to crime rates in the area, the permit may be revoked by the Planning Commission.
E. Environmental Review
The California Environmental Quality Act (CEQA) requires analysis of agency approvals of discretionary “projects.” A “project,” under CEQA, is defined as “the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment” (State CEQA Guidelines Section 15378). The proposed project is considered a “project” under CEQA.
In 2014, the City of Pomona adopted a Final Environmental Impact Report (EIR) associated with the discretionary project, which analyzed the environmental impacts of the Cit y of Pomona’s General Plan Update (GPU), Corridors Specific Plan, Active Transportation Plan, and Green Plan. In conjunction with the certification of the GPU and PCSP EIR, a Mitigation Monitoring and Reporting Program (MMRP) was adopted. The proposed proj ect site was previously studied under this Certified Final EIR.
In compliance with Section 15061(b)(3), the proposed project is covered by the general rule exemption which exempts activities that can be seen with certainty to have no possibility for causing a significant effect on the environment. The project may be considered for the general rule exemption in that the proposed project only includes the amendment of text of an adopted document to permit uses by discretionary review or permit uses by -right previously studied in the 2014 Pomona G PU Final EIR. The proposed project described ab ove hereby meets the guidelines. Therefore, no further environmental review is required.
SPA-16021-2021
CUP-16022-2021
269 N Park Avenue
Planning Commission
March 9, 2022
CONDITIONAL USE PERMIT
With the approval of the proposed Specific Plan Amendment (SPA -16021-2021) by the Planning Commission and City Council, the subject request may be considered.
A. Applicable Code Sections
The DPSP, Residential Multi-Family District permits convenience market and ancillary eating establishments by-right and alcohol sales (On -sale & Off -sale) within the Residential Multi- Family District by Conditional Use Permit. Pursuant to the DPSP, Chapter 2 Section 2.3.3(B)(i), uses subject to a Conditiona l Use Permit shall be approved, approved with conditions, or disapproved by the Planning Commission, and are subject to the regulations and procedures pertaining to Conditional Use Permits contained in Section .580 of the Pomona Zoning Code.
Section .580.J and .5809.4 of the PZO establishes criteria for approval of a Conditional Use Permit for the On-sale and 0ff-sale as follows:
1) Off Street Parking: For On-sale one parking space shall be provided for each four persons of occupancy load as defined in the Uniform Building Code, City of Pomona. For Off -sale one parking space shall be provided for 100 square feet of gross floor area.
2) Parking Lot: Parking lots, including landscaping and lighting, shall be installed and maintained per city standards.
3) Area Compatibility: The proposed on -sale liquor establishment shall be compatible with existing development in the area.
4) Proximity: The proposed location shall be sufficiently removed from any existing residential development or zoning and any church, school, park, or playground so as not to be detrimental to that use.
B. Code Compliance
Staff has evaluated the proposed project and has determined that the request is in compliance with the PZO and DPSP, as it provides sufficient parking ratios for the existing use as outlined by the DPSP, maintains lighting of the parking area, and is not proposing any exterior or interior tenant improvements thus conforms to all development and operational standards and, as a result, the granting of this Conditional Use P ermit, subject to conditions, will not adversely affect the subject site or surrounding area.
Conditions of approval have been drafted to reflect similar conditions brought fo rth by the staff for other bona fide restaurants serving alcohol. These conditions include regulations related to hours of operation, security, graffiti abatement, the sale of alcohol, advertisement, and noise.
SPA-16021-2021
CUP-16022-2021
269 N Park Avenue
Planning Commission
March 9, 2022
C. Undue Concentration
The State Department of Alcoholic Beverage Control (ABC) defines undue concentration if either the threshold of available licenses in the designated census tract is exceeded or if the crime- reporting district is designated as “high crime.” The threshold for number of licenses is based on a ratio of the number of alcohol licenses to population within the Census Tract, in relation to the Los Angeles County average. The threshold for designating a district high crime is twenty percent higher than average number of arrests per reporting district (average number of arrests x 120%).
According to the guidelines established by ABC, a total of five on-sale licenses are allowed and a total of four off-sale licenses are allowed in the subject Census Tract No. 4088.00 before the tract is deemed to have undue concentration of either on-sale or off-sale licenses.
Table 2.1. ABC Data on On-Sale Alcohol Licenses in Census Tracts Census Tract Existing On-Sale Licenses Allowed On-Sale Licenses Subject Census Tract
4088.00 30 5
License
Number
License
Type
Primary Owner Premises Addr. Business Name
42885 52 CHAS. P. ROWE POST #30,
THE AMERICAN LEGION,
DEPAR
239 E HOLT AVE AMERICAN LEGION
CHARLES P ROWE
POST 30
42885 58 CHAS. P. ROWE POST #30,
THE AMERICAN LEGION,
DEPAR
239 E HOLT AVE AMERICAN LEGION
CHARLES P ROWE
POST 30
393736 40 LOWE, ISAURA TRIGUEROS 331 E MISSION BLVD EL DIAMANTE BAR 425275 41 RAMOS MORA, MARTIN 987 S GAREY AVE LA FUENTE
RESTAURANT
462340 41 MERENDERO MEXICAN
FOODS INC
240-42 S GAREY AVE MERENDERO
MEXICAN FOODS
489703 47 S & J POMONA LLC 342 S THOMAS ST
508893 47 S.B. ENTERTAINMENT
VENTURES, INC.
340 S THOMAS ST 340 RESTAURANT
& NIGHTCLUB
518363 47 POMONA FOX
CONCESSIONS LLC
134 W 3RD ST POMONA FOX
THEATER
518363 68 POMONA FOX
CONCESSIONS LLC
134 W 3RD ST POMONA FOX
THEATER
519939 47 F & B ASSOCIATES INC 200 & 228 W 2ND ST GLASS HOUSE THE 519939 68 F & B ASSOCIATES INC 200 & 228 W 2ND ST GLASS HOUSE THE 519939 58 F & B ASSOCIATES INC 200 & 228 W 2ND ST GLASS HOUSE THE 519939 48 F & B ASSOCIATES INC 200 & 228 W 2ND ST GLASS HOUSE THE 544758 41 CACHANILLA, INC. 305 E HOLT AVE CACHANILLA
CHINESE BUFFET
SPA-16021-2021
CUP-16022-2021
269 N Park Avenue
Planning Commission
March 9, 2022
570795 42 HAPPY ON TAP, LLC 256 S MAIN ST DBA 256
572196 48 LI VOLSI, LEONARD
ANTHONY
276 E 1ST ST CHARACTERS
575747 41 NGUYEN, THANG MINH 281 S THOMAS ST PHO VINA 585095 42 GAMBOA, EVELINA 396 S THOMAS ST PARADOX ARCADE + BAR THE
587937 47 SECOND STREET
PROMENADE, LLC
197 E 2ND ST METRO ALE HOUSE
& EVENT CENTER
587937 68 SECOND STREET
PROMENADE, LLC
197 E 2ND ST METRO ALE HOUSE
& EVENT CENTER
588052 41 PERDOMO, OSCAR
ALBERTO
171 W 2ND ST ROOKERY THE
588986 47 DTP RESTAURANT
VENTURES, LLC
135-139 E 2ND ST 20/20 BAR &
GRILL LA CASA DE
LAS MICHELADAS,
THE
592071 47 SECOND STREET
PROMENADE, LLC
205 E 2ND ST FUEGO
592754 58 RDJ BEVERAGES, INC. 101 E 3RD ST O'DONOVAN'S 592754 47 RDJ BEVERAGES, INC. 101 E 3RD ST O'DONOVAN'S 592754 77 RDJ BEVERAGES, INC. 101 E 3RD ST O'DONOVAN'S 601037 47 101 RESTAURANT GROUP 101 W MISSION BLVD,
STE 101
EL JEFE SENIOR
SUSHI
607920 47 BASEMENT VENTURES INC. 184 W 3RD ST LA REINA
MARISCOS
623336 47 ANTIKA USA LLC 135-139 E 2ND ST ANTIKA LOUNGE 624050 41 HILLTOP JAMAICAN MARKET
& RESTAURANT A1 INC
117 W 2ND ST HILLTOP JAMAICAN
MARKET &
RESTAURANT A1
Table 2. ABC Data on Off-Sale Alcohol Licenses in Census Tracts Census Tract Existing Off-Sale Licenses Allowed Off-Sale Licenses Subject Census Tract
4088.00 4 2
License
Number
License
Type
Primary Owner Premises Addr. Business Name
417112 20 YU, MOON JU 604 W MISSION BLVD POMONA RANCH MARKET 534689 21 POMONA WINE
CELLAR, INC.
468 E HOLT AVE POMONA WINE CELLAR &
MARKET
582312 20 MENA JYN INC. 412 N PARK AVE SUN STAR
625581 85 CELEBRITY
WINES L.L.C.
175 W 2ND ST, STE E CELEBRITY WINES
SPA-16021-2021
CUP-16022-2021
269 N Park Avenue
Planning Commission
March 9, 2022
Fig.4. Map of Existing On-Sale and Off-Sale Licenses within Vicinity of Subject Site
The high number of on -sale licenses within census tract 4088.00 (outlined in black) may be attributed to the General Plan Designations of this tract . As depicted in Figure 4, this tract predominantly consists of 3 designations; Transit-Oriented District: Core(brown), Transit Oriented District: Neighborhood (light brown-orange), and Activity Center (red). These designations are catalyzed by retail, promote walkability, contain a mix of building types & commercial uses and support the highest housing densities ranging from 70 units an acre to over 100 units . This census tract also contains the entirety of the Downtown Pomona Specific Plan (with the exception of a single parcel), and the downtown Activity Center (red T) which are intended to be the premier activity center “center of the center” of Pomona’s retail and entertainment core. In addition, this census contains parcels within the Pomona Corridors Specific Plan and parcels regulated by the Pomona Zoning Ordinance.
GOLD STRIKE
MARKET
412 N Park Ave
SPA-16021-2021
CUP-16022-2021
269 N Park Avenue
Planning Commission
March 9, 2022
Fig. 5. Census Block Tracts & General Plan Designations
According to 2021 Police Reporting District Data, the threshold for designating a district “high crime” is 98 crimes. The subject site is located in Police Reporting District No. 6, which experienced a total of 140 Part I Offenses and Part II Arrests (Table 3). Therefore, the district is considered a “high crime” district. Beginning in 2022, the Pomona Police Department will begin to categorize crimes directly related to alcohol consumption (i.e. alcohol related vehicular accidents, public intoxication, etc.).
Table 3. Police Reporting District Data (2021)
Police Reporting District Part I Offenses and II Arrests Project Site 6 140
North 48 220
South 4 185
East 7 176
West 50 71
SPA-16021-2021
CUP-16022-2021
269 N Park Avenue
Planning Commission
March 9, 2022
Both the on-sale and off-sale licenses proposed exceed the number allowed licenses and are located within a police-reporting district identified as “high crime”. As such, a finding of Public Convenience or Necessity (PCN) is required for both licenses with the on-sale findings of PCN to be made by ABC and off-sale findings of PCN to be made by City Council.
Area Compatibility & Proximity
Pursuant to PZO Section .5809 (4)(e), the proposed location shall be sufficiently removed from any existing residential development or zoning and any religious facility, school, park or playground so as not to be detrimental to that use. The Planning Division has outlined the nearest fresh produce markets, residential, religious, school, and park uses as they relate to the proposed licenses.
The proposed use currently serves as a convenience market for the existing residential uses within 200 feet to the north along Monterey Avenue . The existing market i s considered the one of two convenience market with fresh produce within in the neighborhood. With the Stater Brothers Market as the nearest large scale General Retail Market at .7 miles on Garey Avenue and Cardenas Markets being the second at 1.5 miles on Holt Avenue.
The subject site is within 200 feet of a house of worship (Iglesia Cristiana Segvidores De Cristo) located at 315 S Park Avenue and within 500 feet of another house of worship (Foursquare Church of Pomona) located at 480 W Monterey Avenue.
The subject property is approximately 1,300 feet from the nearest educational institution (the School of Arts and Enterprise) located at 295 N Garey Avenue and 1,400 feet from the nearest park (Memorial Park) located at 655 W 3rd Street.
Though the proposed use may be considered to be within close proximity to residential uses and hou ses of worship, the proximity to those uses is also what has allowed the existing convenience market to be economically viable since 2001 and provide access t o fresh produce since 1977, thus the proposed use may be deemed compatible with conditions of approval and annual inspections.
D. General Plan Conformance
The project site is designated as General Plan Place Type Transit Oriented District:
Neighborhood, which contemplates commercial uses, as well as Transect Zones T4 -A, which allows residential densities of up to 70 dwelling units per acre. The proposed use is consistent with the sites’ designated General Plan Place Type. The project is consistent with the following General Plan goals:
Goals 6B.G4: Ensure that transit oriented districts are walkable, active, and well integrated into surrounding City districts and neighborhoods.
SPA-16021-2021
CUP-16022-2021
269 N Park Avenue
Planning Commission
March 9, 2022
Goals 6B.G6: Cultivate Downtown as the “Heart of the City,” where residential, shopping, employment, entertainment, educational, art, cultural, and civic activities are supported by transit, parks, parking, and a walkable environment.
Goals 7B.G10: Encourage expansion of existing businesses and extend efforts at business retention.
Allowing the proposed use by Conditional Use Permit supports the aforementioned General Plan goals pertaining to walkability, expansion of the Downtown Area, and economic support of existing businesses. In addition, the C onditional Use P ermit now contains an annual inspection fee in which the Planning Division may inspect the property to ensure the issued Conditional Use Permit is satisfying all issued conditions of approval. Should the permit conditionals of approval not be satisfied or the p ermit with correlation prove to contribute to crime rates in the area, the permit may be revoked.
E. Environmental Review
The City of Pomona, as lead agency, has conducted an environmental review on the proposed project per the California Environmental Quality Act (CEQA). Pursuant to the provisions of CEQA (Public Resources Code, Section 21084 et. seq.), the guidelines include a list of classes of projects which have been determined not to have a significant effect on the environment and which shall, therefore, be exempt from the provisions of CEQA. The Planning Commission will consider adopting a Categorica l Exemption in compliance with Section 15301, Class 1 (Existing Facilities ) in that the project involves no expansion of the existing commercial structure. The proposed project described above hereby meets the guidelines for a Categorical Exemption. Therefore, no further environmental review is required.
PUBLIC COMMUNICATION
A copy of the public hearing notice was published in the Inland Valley Daily Bulletin on January 28, 2022 and was sent to the owners and occupants of properties within a 400-foot radius of the subject site on January 27, 2022 (Attachment 6). As of the date of this report, staff has not received any comments in opposition to the proposed project.
Submitted by: Prepared by:
Ata Khan Alina Barron
Planning Manager Associate Planner
SPA-16021-2021
CUP-16022-2021
269 N Park Avenue
Planning Commission
March 9, 2022
Attachments
1) Draft Resolution (PC RESO 22-010)
2) Draft Resolution (PC RESO 22-011)
3) Business Operations
4) Project Floor Plan
5) Site Photographs
6) Proof of Publication & Mailing
7) Staff Presentation
Attachment 1
RESOLUTION NO. 22-010
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
POMONA, CALIFORNIA RECOMMENDING CITY COUNCIL
APPROVAL OF A SPECIFIC PLAN AM ENDMENT ( SPA 16021-2021)
AMENDING THE DOWNTOWN POMONA SPECIFIC PLAN,
RESIDENTIAL MULTI -FAMILY DISTRICT (R -MF) TO ADD
“ALCOHOL SALES (ON-SALE)” AND “ALCOHOL SALES (OFF-SALE)”
AS A PERMITTED USE SUB JECT TO CONDITIONAL USE PERMIT
AND “CONVENIENCE MARKETS” AS A PERMITTED USE BY-RIGHT.
WHEREAS, the applicants, Daniel and Elvia Yoguez, representing Mi Mercadito Market, have submitted an application for Specific Plan Amendment (SPA 16021-2021) to amend the Downtown Pomona Specific Plan, Residen tial Multi -Family District (R -MF) to add “Alcohol Sales (On-Sale)” and “Alcohol Sales (Off -Sale)” as a permitted use subject to Conditional Use Permit and “Convenience markets” as a permitted use by-right; WHEREAS, the applicants have concurrently applied for a Conditional Use Permit (CUP- 16022-2021) for a Type 41 (On -sale) and Type 20 (Off -sale) beer and wine alcohol sales for a property located 269 N Park Avenue (APN: 8340-035-005); WHEREAS, Planning Division staff has contacted the California Native American Heritage Commission and offered consultati on on the proposed Specific Plan Amendment in accordance with Senate Bill 18 (Burton 2004);
WHEREAS, none of the of California Native American Tribes requested consultation regarding the proposed Specific Plan Amendment;
WHEREAS, the Planning Commission of the City of Pomona, at its regularly scheduled public meeting on March 9, 2022 , conducted a public hearing to consider Specific Plan Amendment (SPA 16021-2021) amending Section 2.3.2. Table 2-5 Land Use Matrix of the Downtown Pomona Specific Plan to allow “Alcohol Sales (On-Sale)” and “Alcohol Sales (Off - Sale)” as a permitted use subject to conditional use permit and “Convenience M arkets” as a permitted use by-right;
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Pomona as follows:
SECTION 1. The Planning Commission hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution.
SECTION 2. The Planning Commission, exercising independent judgment, finds that the project will not have an adv erse impact on the environment pursuant to Section 15061(b)(3)the proposed project described above hereby meets the guidelines for the general rule exemption
SPA 11592-2019
February 12, 2020
which exempts activities that can be seen with certainty to ha ve no possibility for causing a significant effect on the environment;
SECTION 3. In accordance with Section .584(I) of the Zoning Ordinance, the Planning Commission must make findings in order to approve Specific Plan Amendment (SPA 16021- 2021). Based on consideration of the whole record before it, including but not limited to, the staff report, public testimony received at the public hearing on this matter, and evidence made part of the public record, the Planning Commission hereby finds as follows:
1. The proposed Specific Plan Amendments systematically implement and are consistent with the General Plan.
The project site is designated as General Plan Place Type Transit Oriented District:
Neighborhood, which contemplates commercial uses, as well as Transect Zones T4 -A, which allows residential densities of up to 70 dwelling units per acre. The proposed use is consistent with the sites’ designated General Plan Place Type and is consistent with the following General Plan goals:
Goals 6B.G4: Ensure that transit oriented districts are walkable, active, and well integrated into surrounding City districts and neighborhoods.
Goals 6B.G6: Cultivate Downtown as the “Heart of the City,” where residential, shopping, employment, entertainment, educational, art, cultural, and civic activities are supported by transit, parks, parking, and a walkable environment.
Goals 7B.G10:Encourage expansion of existing businesses and extend efforts at business retention.
2. The proposed Specific Plan Amendments will not be detrimental to the public interest, health, safety, convenience or welfare of the City.
The proposed Specific Plan Amendment to allow convenience markets by-right within the Residential Multi -Family District will positively affect the general welfare of the community as it will enable the property owners to establish needed convenience markets with fresh produce at a small scale within resid ential neighborhoods assisting with food access and promoting walkability within the Downtown area.
Allowing alcohol licenses by Conditional Use Permit within the Residential Multi-Family District through the proposed amendment will reinforce the aforeme ntioned General Plan goals pertaining to walkability, expansion of the Downtown area, and the economic support of existing businesses. In addition, as of 2021, the Conditional Use Permit application contains an annual inspection fee in which the Planning Division may inspect the property to ensure the issued Conditional Use Permit is satisfying all issued conditions of approval.
Should the permit conditionals of approval not be satisfied or the permit with correlation prove to contribute to crime rates in t he area, the permit may be revoked by the Planning Commission.
SPA 11592-2019
February 12, 2020
Thus, the proposed Specific Plan Amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City.
3. The subject property is physically suitable for the requested land use designations and the anticipated land use developments.
The subject property is has not requested a change in land use designation. The proposed project amendment only includes the amendment of text of an adopted document to permit uses by discretionary review or permit uses by-right previously studied in the 2014 Pomona General Plan Final Environmental Impact Report.
4. The Specific Plan Amendments provide for the development of a comprehensively planned project that is superior to development otherwise allowed under conventional zoning classifications.
The Specific Plan Amendment will not supersede development requirements outlined in the Downtown Pomona Specific P lan and only effects uses permitted by -right and by Conditional Use Permit.
5. The proposed Specific Plan Amendments will contribute to a balance of land uses so that local residents may work and shop in the community in which they live.
The proposed specific plan amendment to allow convenience markets by-right and alcohol sales (On-Sale & Off-Sale) by Conditional Use Permit will contribute to a balance of land uses so that local residents may work and shop in the community in which they live in that it will assist with walkability, expansion of the Downtown area, economic support of existing businesses, food access, and local job creation.
SECTION 3. Based on consideration of the whole record before it, including but not limited to, the staff report, public testimony received at the public hearing on this matter, and evidence made part of the public record, the Planning Commission hereby finds that the proposed Code Amendment is in the public interest and in the interest of the furtherance of the public health, safety, and welfare and is, as a matter of law, consistent with the Pomona General Plan pursuant to Government Code Section 65852.2(a)(1)(c).
SECTION 4. The Planning Commission of the City of Pomona hereby recommends the City Council approve Specific Plan Amendment (SPA 16021-2021) to amend Section 2.3.2.
Table 2-5 Land Use Matrix of the Downtown Pomona Specific Plan to allow “Alcohol Sales (On- Sale)” and “Alcohol Sales (Off -Sale)” as a permitted use subject to conditional use permit and “Convenience Markets” as a permitted use by-right attached hereto as “Exhibit A”.
SECTION 5. The Secretary shall certify to the adoption of this Resolution and forward the original to the City Clerk.
SPA 11592-2019
February 12, 2020
PASSED, APPROVED AND ADOPTED THIS 9TH DAY OF MARCH, 2022
YESENIA MIRANDA MEZA
PLANNING COMMISSION CHAIRPERSON
ATTEST:
ATA KHAN
PLANNING COMMISSION SECRETARY
APPROVED AS TO FORM:
MARCO A. MARTINEZ
DEPUTY CITY ATTORNEY
STATE OF CALIFORNIA)
COUNTY OF LOS ANGELES) ss.
CITY OF POMONA)
SPA 11592-2019
February 12, 2020
AYES:
NOES:
ABSTAIN:
ABSENT:
Pursuant to Resolution No. 76-258 of the City of Pomona, the time in which judicial review of this action must be sought is governed by California Code of Civil Procedure Section 1094.6.
PC RESOLUTION NO. 22-011
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
POMONA, CALIFORNIA APPROVING CONDITIONAL USE PERMIT TO
ALLOW THE ESTABLISHMENT OF A TYPE 41 (ON-SALE) AND TYPE 21 (OFF-SALE) BEER AND WINE ALCOHOL SALES IN CONJUNCTION
WITH AN EXISTING CONVENIENCE MARKET AND ANCILLARY
EATING ESTABLISHMENT ON A PROPERTY LOCATED AT 269 NORTH PARK AVENUE.
WHEREAS, the applicants, Daniel and Elvia Yoguez, representing Mi Mercadito Market, have filed an application for a Conditional Use Permit (CUP -16022-2021) to allow the establishment of a Type 41 (On -sale) and Type 21 (Off -sale) beer and wine alcohol sales in conjunction with an existing convenience market and ancillary eating establishment on a property located at 269 North Park Avenue (APN: 8340-035-005);
WHEREAS, the subject site is currently located within th e Downtown Pomona Specific Plan, Residential Multi-Family District (R-MF);
WHEREAS, the subje ct site is currently designated “ Transit Oriented District - Neighborhood” by the City’s General Plan;
WHEREAS, the applicants have concurrently applied for a Specific Plan Amendment (SPA 16021 -2021) to amend the Downtown Pomona Spe cific Plan, Residential Multi -Family District (R-MF) to add “Alcohol Sales (On -Sale)” and “Alcohol Sales (Off-Sale)” as a permitted use subject to Conditional Use Permit and “Convenience markets” as a permitted use by-right; WHEREAS, the approval of Specific Plan Amendment (SPA 16021 -2021) to amend the Downtown Pomona Specific Plan, Residential Multi -Family District (R -MF) to add “Alcohol Sales (On-Sale)” and “Alcohol Sales (Off -Sale)” as a permitted use subject to Conditional Use Permit and “Convenience m arkets” as a permitted use by -right shall be approved by the City Council prior to the execution of Conditional Use Permit (CUP-16022-2021); WHEREAS, the approval of a Conditional Use Permit by the Planning Commission is required for the On-sale and Off-sale of alcoholic beverages, pursuant to the Downtown Pomona Specific Plan, Residential Multi -Family District (R -MF) regulations and Section .580 of the Pomona Zoning Ordinance;
WHEREAS, the Planning Commission, after giving notice thereof as required by law, held a public hearing on March 9, 2022, concerning the requested Conditional Use Permit (CUP 16022- 2021); and
WHEREAS, the Planning Commission has carefully considered all pertinent testimony, the recommendation of the Planning Division staff an d the staff report offered in the case as presented at said noticed public hearing.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of Attachment 2
PC Resolution No 21-031
CUP-16022-2021(269 N. Park Avenue)
the City of Pomona, California:
SECTION 1. The Planning Commission exercising their independent judgm ent has determined that pursuant to the Guidelines for Implementation of the California Environmental Quality Act (CEQA), the project is Categorically Exempt under Section 15301, (Class 1 – Existing Facilities) in that the proposed project is an existing convenience market and ancillary eating establishment.
SECTION 2. If any part, provision, or section of this resolution is determined by a court or other legal authority with jurisdiction over the subject matter of this resolution to be unenforceable or invalid, the remainder of the entirety of this resolution shall not be affected and shall continue in full force and effect. To this end, the provisions of this resolution are severable.
SECTION 3. In accordance with Section .580.B of the Pomona Zoning Ordinance, the Planning Commission must make findings in order to approve Conditional Use P ermit ( CUP 16022-2021). Based on consideration of the whole record before it, including but not limited to, the staff report, public testimony received at the public hearing on this matter, and evidence made part of the public record, the Planning Commission hereby finds as follows:
1. That the proposed use at the particular location will contribute to the general well being of the neighborhood or community.
The sale of alcoholic beverages for a Type 41 (On -sale) and Type 20 (Off -sale) beer and wine alcohol sales will enhance the operation of the convenience market and eating establishment by providing a service and convenience to the public . The sale of alcohol will be incidental to the primary use, which is a convenience market and eating establishment. Furthermore, the addition of alcohol to the services provided will help ensure the economic viability of the convenience market which offers fresh produce, thus increasing the likelihood that the business will continue operating and providing commercial opportunities and food access to local residents. The subject alcohol licenses will not negatively affect the general welfare of the neighborhood , with the appropr iate conditions.
2. That such use will, under the circumstances of the particular case, not be detrimental to the health, safety, peace, or general welfare of persons residing or working in the vicinity or detrimental to the use, valuation or enjoyment of p roperty or improvements in the vicinity.
As conditioned, the applicant’s request will not be detrimental to the health, safety, peace, or general welfare of persons residing or working in the vicinity in that the project is in conformance with the development standards and use requirements of the Pomona Zoning Ordinance and Downtown Pomona Specific Plan and has been conditioned appropriately.
3. That the site for the proposed use is of adequate topography, size, and shape to PC Resolution No 21-031
CUP-16022-2021(269 N. Park Avenue)
accommodate said use, as well as all yards, spaces, walls, fences, parking, loading, landscaping, and any other features necessary to allow said use in the neighborhood.
According to Building & Safety permit records, the existing 4,000 square foot commercial structure containing the convenience market and ancillary eating establishment was constructed following the demolition of a two -story residential structure in 1962.
According to City business license records beginning in 1977 the structure served as a fresh produce wholesale business for J & G Produce and has served as a neighborhood convenience market since 1997.
4. The site abuts streets and highways adequate in width and improvements to carry traffic generations by the proposed use.
The subject site takes access from Park Avenue which is capable of handling any additional vehicle trips generated by the proposed use as reviewed by the City Traffic Engineer.
5. That granting of such conditional use permit will not adversely affect the General Plan of the City and conforms to the provisions of the zoning ordinance.
The project site is designated as General Plan Place Type Transit Oriented District:
Neighborhood, which contemplates commercial uses. The proposed use is consistent with the sites’ designated General Plan Place Type and conforms to the provisions of the Pomona Zoning Ordinance and Downtown Pomona Specific Plan. The project is consistent with the following General Plan goals:
Goals 6B.G4: Ensure that transit oriented districts are walkable, active, and well integrated into surrounding City districts and neighborhoods.
Goals 6B.G6: Cultivate Downtown as the “Heart of the City,” where residential, shopping, employment, entertainment, educational, art, cultural, and civic activities are supported by transit, parks, parking, and a walkable environment.
Goals 7B.G10:Encourage expansion of existing businesses and extend efforts at business retention.
Allowing the proposed use by Conditional Use Permit supports the aforementioned General Plan goals pertaining to walkability, expansion of the Downtown Area, and economic support of existing businesses. In addition, the Conditional Use Permit now contains an annual inspection fee in which the Planning Division may inspect the property to ensure the issued Conditional Use Permit is satisfying all issued conditions of approval. Should the permit conditionals of approval not be satisfied or the permit with correlation prove to contribute to crime rates in the area, the permit may be revoked.
Thus, the Conditional Use Permit will not adversely affect the General Plan of the City.
PC Resolution No 21-031
CUP-16022-2021(269 N. Park Avenue)
SECTION 4. Based upon the above findings, the Planning Commission hereby approves Conditional Use Permit ( CUP 16022-2021) subject to compliance with all applicabl e laws and ordinances of the City as well as the addition of the following conditions, violations of which (or failure to complete any of which) shall constitute grounds for revocation of the conditional use permit or any portion thereof:
PLANNING DIVISION
General Conditions
1. This approval shall not be effective unless and until the passage of 30 days from the effective date of approval of Specific Plan Amendment (SPA 16021-2021) by City Council, provided a legal challenge has not been filed to set aside the specific plan amendment or environmental documents approved as part of the amendment during that 30 day period.
2. The subject property shall be developed and/or used in a manner consistent with the project plans reviewed and recommended for approval by the Planning Commission on March 9, 2022 and as illustrated in the stamped approved plans. Any major modifications to the approved project plans shall be reviewed and approved by the Planning Commission as part of a modification to the approved plans. Any minor modification that do not affect the overall intent of the approved project, may be reviewed and approved by the Planning Manager.
3. This approval shall lapse and become void if the privilege authorized is not utilized within one (1) year from the date of this approval (March 9, 2023), in accordance with Pomona Zoning Ordinance Section .580.I. The Planning Commission may extend this period for one (1) year upon receipt of an application for a Time Extension request submitted by the applicant at least thirty days before the expiration date of this approval.
4. The project is subject to a twenty (20) day appeal period. Written appeals may be filed with the City Clerk within twenty days by one or more City Council members, the applicant, or any person owning property within four hundred feet of the exterior boundary of the applicant’s property. The appeal shall be filed with the City Clerk within twenty days from the date of action by the Planning Commission.
5. Within six months from the date of approval, the applicant shall file for a Conditional Use Permit Inspection application and pay applicable fees. The Development Services Director and Code Compliance Supervisor shall conduct an inspection of the proposed operation, at any such time deemed necessa ry, and review any complaints received on the property. The Director shall determine if the applicant is satisfactorily in compliance against all conditions of approval identified in this Resolution. The Development Services Director may, at his or her dis cretion, pass or fail an PC Resolution No 21-031
CUP-16022-2021(269 N. Park Avenue)
inspection. If noncompliance is determined, the Director may schedule the matter for review by Planning Commission to consider bringing revocation proceedings.
Applicant shall file for subsequent Conditional Use Permit Inspection Requests on an annual basis.
6. The applicant shall indemnify, protect, defend, and hold harmless, the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, from any and all claims, demands, law suits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to arbitrations, mediations, and other such procedures), (collectively "Actions"), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, the any action of, or any permit or approval issued by, the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City), for or concerning the project, whether such Actions are brought under the California Environmental Quality Act, the Planning and Zoning Law, the Subdivisions Map Act, Code of Civil Procedure Section 1085 or 1094.5, or any other state, federal, or local statute, law, ordinance, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that applicant shall reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the applicant of any Action brought and City shall cooperate with applicant in the defense of the Action.
7. In case of violation of any of the conditions of approval and/or City law, the property owner and tenant will be issued a Notice of Correction. If said violation is not remedied within a reasonable period of time and/or a subsequent violation of the conditio ns of approval and/or City law occurs within ninety (90) days of any Notice of Correction, the property owner shall be held responsible to reimburse the City for all staff time directly attributable to enforcement of the conditions of approval and/or City law, including, but not limited to, revocation of the herein Conditional Use Permit.
8. The property owner shall remove any graffiti on the project site within 24 hours of discovery. The paint utilized to cover the graffiti must substantially match the existing structure. In the event that the paint finish of the abated areas is noticeable distinguishable from the rest of the structure, the property owner shall paint portion of the building to minimize the disparity, subject to the approval of the Planning Manager. Original surface materials installed and designed to not accept paint material such as stone, metal, brick, faux stone, veneers, etc. shall be restored to original finish with methods accepted and agreed to by the Planning Manager.
9. No temporary signs related to any activity on the premise shall be placed or allowed to remain within landscape areas, public right-of-way areas adjacent to the subject site (e.g. telephone poles, traffic signs, and city trees) or other portion on the exterior of the PC Resolution No 21-031
CUP-16022-2021(269 N. Park Avenue)
building. The only temporary signs allowed shall be properly permitted banners signs by permit per the City’s sign ordinance. Signs placed in any window of the premises shall comply with the City’s sign ordinance, and all other conditions under this Conditio nal Use Permit.
10. The property owner shall provide regular maintenance and cleaning of all exterior walkways, patios, sidewalks, and landscaped parkways in compliance with Pomona City Code 62-351 et seq.
11. There shall be adequate lighting around the property at all times (minimum of 1 -foot candle). This shall be done in such a fashion that persons standing outdoors at night are easily identifiable by law enforcement personnel. Lighting shall be screened so that no spillover occurs on the adjacent properties.
12. Before issuance of a zoning clearance and business license, the applicant and any successor in interest shall sign a certificate of compliance stating that:
a. They have read and understand all the conditions of approval applicable to their project;
b. That they are familiar with the daily operations of the use; and c. That the use will operate in compliance with the conditions of approval.
On-Sale Type 41 / Off-Sale Type 20 ABC License Conditions
1. State Law: The use of this Conditional Use Permit shall at all times comply with all relevant State and local laws pertaining to the sale and consumption of alcohol.
2. Hours: The establishment will o nly sell alcohol under the Type 41 and Type 20 licenses during the hours permitted by Alcoholic Beverage Control (ABC).
3. Sales: Sales of alcoholic beverages shall be limited to the Type 41 and Type 20 licenses.
Sales of alcoholic beverages under the on-sale privileges of this license shall be restricted to the interior gross floor area of the eating establishment, as indicated in the stamped and approved site plan for this resolution, dated March 9, 2022 . The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of the convenience market in the same period. The Applicant or other person issued an ABC license for the Premises (“Licensee”) shall at all times maintain records which ref lect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. These records shall be kept on a quarterly basis, and shall be provided to City officials upon request.
4. Promotion: All exterior signage of any kin d including interior window signage, which advertises the sale or availability of alcohol, shall be prohibited. No display or sale of PC Resolution No 21-031
CUP-16022-2021(269 N. Park Avenue)
alcohol shall be made from an ice tub. Storefront windows shall be kept clear of at all times from paper, paint, cardboard or any other material used for signage. All exterior windows shall be clear glass with no tinting or window coverings either interior or exterior.
5. Training: The employees who sell alcoholic beverages shall be required to complete a training program in alcoholic beverage compliance, crime prevention techniques and the handling of violence. All new employees shall be required to complete “Licensee Education on Alcohol and Drugs” training that is provided by the California Department of Alcohol and Beverage Control or equivalent responsible beverage service program within thirty (30) days of hire.
6. Site: Loitering or panhandling on the premises shall be prohibit ed. Overnight parking of vehicles, including recreational vehicles (R.V.’s) on the premises shall be prohibited. Signs prohibiting overnight parking shall be placed throughout the parking lot area. No vending machines of any kind shall be installed outdoor s within the project site. There shall be no pay telephones installed within the enclosed portion of the premises equipped to receive incoming calls. There shall be no new payphones of any kind installed on the exterior of the premises.
7. Security: Designated areas for storage of beer and wine shall be equipped with a locking mechanism. Interior and exterior site video surveillance equipment shall be provided with signage advising customers that video recording devices are in use. Recordings shall be digital and recorded in high-definition, kept a minimum of ninety (90) days and shall record all activity on surrounding public right -of-ways as well as the subject site. Prior to installation of the video surveillance equipment, a video surveillance plan shall be submitted for review and the privileges afforded under this resolution shall not be enjoyed prior to approval of such video surveillance plan by the Pomona Police Department.
8. Police/City Contact: All crimes occurring inside and outside of the locatio n shall be reported to the Police Department at the time of the occurrence. At any time when the licensee is absent from the premises, a responsible party shall be designated who can respond to any inquiries from City officials. The business shall provide a list annually of no less than three employees who can be contacted twenty-four hours a day, to the Pomona Police Department’s Records Bureau. The list of names will be used to facilitate a Police response to the location in the event of an emergency or o ther problem that requires entry into the location during non-business hours.
9. Noise: There shall be no activity conducted on the subject site that exceeds the noise and vibration parameters of Pomona City Code Section 18 -301, et seq. , and City Council Ordinance No. 3939 at any time, or such other ordinance enacted related to noise and vibration.
PC Resolution No 21-031
CUP-16022-2021(269 N. Park Avenue)
SECTION 5. The Secretary shall certify to the adoption of this Resolution and forward the original to the City Clerk.
APPROVED AND PASSED THIS 9th DAY OF MARCH, 2022.
YESENIA MIRANDA MEZA
PLANNING COMMISSION CHAIRPERSON
ATTEST:
ATA KHAN
PLANNING COMMISSION SECRETARY
APPROVED AS TO FORM:
MARCO A. MARTINEZ
ASSISTANT CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF POMONA )
AYES:
NOES:
ABSTAIN:
ABSENT:
PC Resolution No 21-031
CUP-16022-2021(269 N. Park Avenue)
"Pursuant to Resolution No. 76 -258 of the City of Pomona the time in which judicial review of this action must be sought is governed by California Code of Civil Procedure Section 1094.6."
I:\Development Services\Planning\_Case Files\_Case Files\Current\Park Ave\North\269\CUP 16022-2021\RESO - 269 N Park Ave (CUP-16022-2021).Docx
NEW COOLER
NO ALCOHOL
TYPE 41 BEER &
WINE STORAGE
NOT ACCESSIBLE
TYPE 41 BEER &
WINE SERVING
AREA
6 TABLES
18 CHAIRSTYPE 20 BEER &
WINE STORAGE
FOR PURCHASE
TYPE 41 BEER &
WINE PURCHASE
POINT
TYPE 41 BEER & WINE
STORAGE
NOT ACCESSIBLE
EXISTING WALK-IN
COOLER
NOT ACCESSIBLE
TYPE 20 BEER &
WINE STORAGE
NOT ACCESSIBLE
Attachment 3
Statement of Operations
Mi Mercadito Neighborhood Market 269 N Park Ave Pomona, CA Hours of Operation: Monday -Sunday 8am to 9pm
Number of employees: 10
Parking: 13 spaces in dedicated parking lot
Beer for the type 20 off-sale use will be displayed in the back wall walk-in refrigerator behind the two far-left doors as indicated on the labeled floor plan. Inventory will be stored on two shelves on the back wall of the walk -in refrigerator, as indicated on the labeled floorplan.
Beer for the type 41 on-sale use will be stored behind the food counter in a small refrigerator as indicated on the floorplan. Beer for this use would need to be ordered and purc hased from the lunch counter and would handed over to patron by staff.
Additionally and in an effort to prevent the sale of alcohol to minors and prevent consumption of alcohol on premise, Mi Mercadito staff will be fully trained in ID verification for any patron appearing under 40 years of age and on site security staff will be implemented as needed.
We are currenly applying concurrently for a specific plan amendement and a conditional use permit for the sale of alcohol. The specific plan amendment is needed as the current plan does not allow for the sale of alcohol at subject address. We are wanting to amend the specific plan to allow for the application for the CUP for beer sales with a type 20 off sale beer and wine license and type 41 on-sale beer and wine license. We intend on selling both beer and wine products.
Attachment 4
CITY OF POMONA PLANNING DIVISION
NOTICE OF PUBLIC HEARING
PR
OPOSED PROJECT
PUBLIC HEARING INFORMATION
This is not a citation (Esto no es una citación).
If you are receiving this notice, your property is located within 400 feet of the proposed project.
Request to amend the Downtown Pomona Specific Plan, Residential Multi-Family District (R-MF) to add “Alcohol Sales (On- Sale)” and “Alcohol Sales (Off-Sale)” as a permitted use subject to Conditional Use Permit. As part of this action, “Convenience Markets” will also be added as a permitted use by-right. The application is concurrently requesting a Conditional Use Permit to allow a Type 41 and Type 20 alcohol license for on-sale and off-sale beer and wine on a property located within the Residential Multi-Family District of the Downtown Pomona Specific Plan.
Applicant Daniel and Elvia Yoguez, representing Mi Mercadito Market Location 269 N Park Avenue (APN: 8340-035-005)
Hearing Body Planning Commission
Case File SPA-16021-2021 and CUP-16022-2021
Environmental Determination
The City of Pomona, as lead agency, has conducted an environmental review on the proposed project per the California Environmental Quality Act (CEQA). Pursuant to the provisions of CEQA (CEQA-Public Resources Code, Section 21084 et. seq.), the guidelines include a list of classes of projects which have been determined not to have a significant effect on the environment and which shall, therefore, be exempt from the provisions of CEQA. The Planning Commission will consider adopting a Categorical Exemption in compliance with Section 15061(b)(3) General Rule Exemption for SPA-16021-2021 and a Categorical Exemption in compliance with Section 15301 Existing Facilities for CUP-16022-2021.These Exemptions will be considered by the Planning Commission at the public hearing for this project scheduled for March 9, 2022.
Time & Date: Planning Commission Meeting, Wednesday, March 9, 2022 at 7:00 p.m.
Location: Available to view via Zoom Video Conferencing (There will be no in-person public meeting location).
Questions: Alina Barron, Associate Planner, (909) 802-7729, [email protected] On
March 16, 2020, the City Council declared a local emergency in response to the global COVID-19 outbreak. Preserving the health and safety of our employees and the public is our top priority. In accordance with California Governor’s Executive Order N-25-20 regarding the Brown Act and guidance from the California Department of Public Health on gatherings, please note the following:
In
accordance with California Assembly Bill 361 and Resolution No. 2022- 027 adopted February 7, 2022 regarding the Brown Act, please note the following:
This Planning Commission meeting will occur via video conference only. There will be no in-person public meeting location.
To participate by video conference: Visit https://zoom.us/join ( Meeting ID 828 7480 2388; Passcode 655541) Public comment may be made using the "Raise Hand" button for audio comments (limited to three minutes per speaker), or the "Q/A" button for written comments (limited to 375 words).
To participate by telephone: Dial (669) 900- 9128 (Meeting ID 828 7480 2388 followed by #. For Partici pant ID, press #.
Enter Passcode 655541 followed by #). Staff will go through the calls one by one and ask if you have a comment.
Written Comments: May be submitted to [email protected], by 6 :00 p.m . the day of the hearing.
Comments must be limited to 200 words. Please title your email “PC Public Comment 03-09-2022”. Comments received via email will be read into the record by staff.
Th
e staff report on this matter will be available on or about March 3 , 2022 on the City of Pomona website, which may be accessed at https://pomona.legistar.com/Calendar.aspx or by emailing the case planner, Alina Barron.
PLEASE NOTE: If you challenge this matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Pomona, Planning Division at, or prior to, the public hearing.
Para Información en Español, llame (909) 620-2439.
Attachment 6
DECLARATION OF MAILING
I, Miroslava PourSanae, say that on the 24th of February, 2022 a copy of the notice attached hereto was mailed to each of the persons whose name and address appears on the attached list. Said mailing was done at Pomona City Hall , Planning Division, located at 505 South Garey Avenue, Pomona, California.
Address: 269 N. Park Avenue (APN: 8340-035-005)
Project: SPA 16021-2021 and CUP 16022-2021
Meeting Date: March 9, 2022
I declare, under penalty of perjury, that the foregoing is true and correct. ____________________________________________
Executed at Pomona, California on 24th February, 2022
Planning Commission Meeting
269 N Park Avenue
Specific Plan Amendment (SPA-16021-2021)
& Conditional Use Permit (CUP-16022-2021)
Applicants: Daniel and Elvia Yoguez, Mi Mercadito Market Planner: Alina Barron
Attachment 7
Planning Commission Meeting
Request Location Plans Compliance Summary
1. Specific Plan Amendment (SPA-16021-2021)
Request to amend the Downtown Pomona Specific Plan,
Residential Multi-Family District (R-MF) to add “Alcohol Sales (On-Sale)” and “Alcohol Sales (Off-Sale)” as a
permitted use subject to Conditional Use Permit. As part of this action, “Convenience Markets” will also be added as a permitted use by-right.
2. Conditional Use Permit (CUP-16022-2021)
Request to allow a Type 41 and Type 20 alcohol license for on-sale and off-sale beer and wine on a property located within the Residential Multi-Family District of the
Downtown Pomona Specific Plan.
Planning Commission Meeting
Request Location Plans Compliance Summary
1. Pursuant to Pomona Zoning Ordinance (PZO) Section .584- J, a specific plan may be amended in the same manner
that it was adopted. Specific Plan amendments are
subject to the same findings as those that pertain to initial specific plan approval.
2. Pursuant to the DPSP, Chapter 2 Section 2.3.3(B)(i), uses subject to a Conditional Use Permit shall be approved,
approved with conditions, or disapproved by the Planning Commission, and are subject to the regulations and
procedures pertaining to Conditional Use Permits
contained in Section .580 of the Pomona Zoning Code.
Planning Commission Meeting
Request Location Plans Compliance Summary
North of Commercial Street
South of Holt Avenue
Council District 1
Residential Multi-Family District
Downtown Pomona Specific Plan
General Plan Designation
Transit Oriented District:
Neighborhood
SUBJECT SITE
Planning Commission Meeting
Request Location Plans Compliance Summary
North of Commercial Street
South of Holt Avenue
Council District 1
Residential Multi-Family District
Downtown Pomona Specific Plan
General Plan Designation
Transit Oriented District:
Neighborhood
SUBJECT SITE
RESIDENTIAL
MULTI
-
FAMILY
(R
-
MF)
MIXED USE HIGH
DENSITY
RESIDENTIAL
(MU
-
HDR)
Planning Commission Meeting
Request Location Plans Compliance Summary
North of Commercial Street
South of Holt Avenue
Council District 1
Residential Multi-Family District
Downtown Pomona Specific Plan
General Plan Designation
Transit Oriented District:
Neighborhood
SUBJECT SITE
TRANSIT ORIENTED
DISTRICT: CORE
TRANSIT ORIENTED
DISTRICT:
NEIGHBORHOOD
Planning Commission Meeting
Request Location Plans Compliance Summary
Planning Commission Meeting
Request Location Plans Compliance Summary
Planning Commission Meeting
Request Location Plans Compliance Summary
Planning Commission Meeting
Request Location Plans Compliance Summary
Planning Commission Meeting
Request Location Plans Compliance Summary
Planning Commission Meeting
Request Location Plans Compliance Summary
Planning Commission Meeting
Request Location Plans Compliance Summary
Planning Commission Meeting
Request Location Plans Compliance Summary
Planning Commission Meeting
Request Location Plans Compliance Summary
Planning Commission Meeting
Request Location Plans Compliance Summary
Planning Commission Meeting
Request Location Plans Compliance Summary
Planning Commission Meeting
Request Location Plans Compliance Summary
Planning Commission Meeting
Request Location Plans Compliance Summary
Planning Commission Meeting
Request Location Plans Compliance Summary
Planning Commission Meeting
Request Location Plans Compliance Summary
Planning Commission Meeting
Request Location Plans Compliance Summary
Planning Commission Meeting
Request Location Plans Compliance Summary
Planning Commission Meeting
Request Location Plans Compliance Summary
Planning Commission Meeting
Request Location Plans Compliance Summary
Planning Commission Meeting
Request Location Plans Compliance Summary
Planning Commission Meeting
Request Location Plans Compliance Summary
Planning Commission Meeting
Request Location Plans Compliance Summary
Planning Commission Meeting
Request Location Plans Compliance Summary
Planning Commission Meeting
Request Location Plans Compliance Summary
Planning Commission Meeting
Request Location Plans Compliance Summary
Police
Reporting
District
Part I
Offenses and
II Arrests
Project
Site 6 140
North 48 220
North 8 5
South 4 185
East 7 176
West 50 71
Per 2021 Police Reporting District Data, the threshold
for designating a district “high crime” is 98 crimes
PROJECT SITE
Planning Commission Meeting
Request Location Plans Compliance Summary
Census Block Tracts
& General Plan
Designations
Census Tract 4088.00
Project Site
Activity Center
TOD: Core
TOD: Neighborhood
Urban Neighborhood
Special Campus
Neighborhood Edge
Residential Neighborhood
Planning Commission Meeting
Request Location Plans Compliance Summary
Specific Plan Amendment
• Systematically implements and is consistent with the
general plan;
• Will not be detrimental to the public interest, health, safety, convenience, or welfare of the city;
• Will contribute to a balance of land uses so that local residents may work and shop in the community in which
they live.
Planning Commission Meeting
Request Location Plans Compliance Summary
Conditional Use Permit
• Consistent with the allowed uses and development
standards of the Pomona Corridors Specific Plan
• As conditioned, the proposed use will be compatible with the adjacent land uses and will not result in any negative impacts to the surrounding area.
Planning Commission Meeting
Request Location Plans Compliance Summary
Environmental
1. Specific Plan Amendment - General Rule Exemption
under Section 15061(b)(3) of CEQA
2. Conditional Use Permit - Categorical Exemption under Article 19, Section 15303, Class 1, (Existing Facilities) of CEQA.
Noticing
• All public noticing was completed as required by law. • No opposition has been received to date.
Planning Commission Meeting
Request Location Plans Compliance Summary
Conformity with General Plan
Transit Oriented District: Neighborhood
The project site is designated as General Plan Place Type Transit Oriented District: Neighborhood, which contemplates commercial uses, as well as Transect Zones T4-A, which allows residential.
The proposed use is consistent with the sites’ designated General Plan Place Type. The project is consistent with the following General Plan goals:
Goals 6B.G4: Ensure that transit oriented districts are walkable, active, and well integrated into surrounding City districts and neighborhoods.
Goals 6B.G6: Cultivate Downtown as the “Heart of the City,” where residential, shopping, employment, entertainment, educational, art, cultural, and civic activities are supported by transit, parks, parking, and a walkable environment.
Goals 7B.G10: Encourage expansion of existing businesses and extend efforts at business retention.
Planning Commission Meeting
Request Location Plans Compliance Summary
• Staff recommends that the Planning Commission adopt draft PC Reso No. 22-010 and PC Reso No. 22-011 recommending
approval of Specific Plan Amendment (SPA-16021-2021) &
approving Conditional Use Permit (CUP-16022-2021),
subject to conditions.