CITY OF POMONA
COUNCIL REPORT
April 4, 2022
To: Honorable Mayor and Members of the City Council
From: James Makshanoff, City Manager
Submitted By: Anita D. Gutierrez, Development Services Director SUBJECT: CONSIDERATION OF A FINDING OF PUBLIC CONVENIENCE OR NECESSITY (PCN) TO ALLOW FOR AN OFF-SALE BEER & WINE LICENSE IN CONJUNCTION WITH A CONVENIENCE MARKET LOCATED AT 269 NORTH PARK AVENUE RECOMMENDATION:
It is recommended that the City Council adopt the following resolution (Attachment No. 1):
RESOLUTION NO. 2022-64 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING A REQUEST FOR A FINDING OF PUBLIC CONVENIENCE AND NECESSITY AS REQUIRED FOR AN OFF-SALE BEER AND WINE LICENSE (TYPE 20) IN CONJUNCTION WITH A CONVENIENCE MARKET LOCATED 269 N PARK AVENUE EXECUTIVE SUMMARY:
The applicants Daniel and Elvia Yoguez, representing Mi Mercadito market are requesting a finding of Public Convenience or Necessity (PCN) determination for a Type 20 alcohol license for off-sale beer and wine in conjunction with a convenience market associated with an approved Conditional Use Permit (CUP-16022-2021). The approval of a finding of PCN would allow for the off-sale of beer and wine subject to conditions issued by the Planning Commission.
FISCAL IMPACT:
No Fiscal Impact at this time.
PREVIOUS RELATED ACTION:
On March 9, 2022, the Planning Commission held a public hearing regarding a proposed 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 (Attachment No. 2). As part of this action, “Convenience Markets” was also added as a permitted use by-right. The application concurrently requested a Conditional Use Permit (CUP-16022-2021), to allow a Type 41 and Type 20 alcohol license for on-sale and off-sale beer and wine at an existing market located within the Residential Multi-Family District of the Downtown Pomona Specific Plan.
After carefully considering all pertinent testimony, the recommendation of the Planning Division staff and the staff report offered in the case as presented at the public hearing, the Planning Commission unanimously recommend approval of the Specific Plan Amendment and approved the Conditional Use Permit, subject to conditions on a 7-0-0-0 vote.
The approval of the Conditional Use Permit was conditioned to not be effective until 30 days after effective date of the approved Specific Plan Amendment (SPA 16021-2021) by City Council.
ENVIRONMENTAL IMPACT:
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 proposed project may be considered categorically exempt 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.
DISCUSSION:
The applicants Daniel and Elvia Yoguez, representing Mi Mercadito market are requesting a finding of Public Convenience or Necessity (PCN) determination for a Type 20 alcohol license for off-sale beer and wine in conjunction with a convenience market associated with an approved Conditional Use Permit (CUP-16022-2021).
In compliance with AB 2897 (the Caldera Bill), the State Department of ABC requires licenses for areas of undue concentration receive a finding of PCN. Undue Concentration is defined by meeting one of two factors:
(1) The proposed license location exceeds the threshold of available licenses in the designated census tract. 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. (2) The proposed license location is within a crime-reporting district is designated as “high crime.” 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%).
The proposed project is both within a census tract that exceeds the threshold of available licenses and is in a high crime reporting district, thus a finding of public convenience and necessity is required. If the City Council approves a finding and determines that the public convenience or necessity would be served by the issuance of an alcohol license located in an area with undue concentration, ABC will then issue the license to the applicant. The convenience market would not be permitted to sell beer and wine for off-site consumption without the City Council’s finding of public necessity, which would effectively prohibit the applicant from utilizing the approved Conditional Use Permit (CUP-16022-2021).
ANALYSIS:
The proposed license is located within Census Tract 4088.00. According to the guidelines established by ABC, 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 off-sale licenses.
Table 1. 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
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 2). Therefore, the district is considered a “high crime” district.
Table 2. Police Reporting District Data (2021)
Police Reporting District
Part I Offenses and II Arrests
Subject Site
6 140
North
48 220
South
4 185
East
7 176
West
50 71
The off-sale license proposed exceeds the number allowed licenses and is located within a police-reporting district identified as “high crime” therefore, a finding of PCN by City Council is required for the applicant to obtain an ABC license for off-sale beer and wine sales at the subject property.
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,” 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 on and off-sale of alcohol would be consistent with 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 by the Planning Commission.
ALTERNATIVE
The City Council has the following alternative:
Instruct Planning Staff to return with a City Council Resolution denying a finding of Public Convenience or Necessity.
Prepared by:
_____________________________
Alina Barron
Associate Planner
ATTACHMENTS:
Attachment No. 1 – Resolution No. 2022-64
Attachment No. 2 – Planning Commission Staff Report dated March 9, 2021 with Attachments -
Finding of Public Necessity or Convenience for CUP-16022-2021