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: INTRODUCTION AND FIRST READING OF AN ORDINANCE ADOPTING A SPECIFC PLAN AMENDMENT (SPA 16021-2021) RECOMMENDATION:
It is recommended that the City Council open the public hearing and after receiving testimony and public comment close the public hearing, introduce, waive further and give first reading to the following ordinance (Attachment 1):
ORDINANCE NO. 4314 - APPROVING A 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 CONVENIENCE MARKETS BY-RIGHT AND ALCOHOL SALES (ON-SALE) AND ALCOHOL SALES (OFF-SALE) BY CONDITIONAL USE PERMIT WITHIN THE RESIDENTIAL MULTI-FAMILY DISTRICT EXECUTIVE SUMMARY:
The applicants Daniel and Elvia Yoguez , 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 subject to Conditional Use Permit and “Convenience Markets” as a permitted use by-right.
The applicants concurrently requested 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.
FISCAL IMPACT:
No Fiscal Impact.
PUBLIC NOTICING REQUIREMENTS:
Section .584(F) of Pomona Zoning Ordinance requires a legal notice of hearing shall be published in a daily newspaper of general circulation in the city not less than ten days before the date of the hearing. In addition, a written notice shall be mailed in the United States mail not less than ten days prior to the date of the hearing, to the affected property owners within a 400 mile radius.
A copy of the public hearing notice was published in the Inland Valley Daily Bulletin on March 25, 2022 and was sent to the owners and occupants of properties within a 400-foot radius of the subject site on March 24, 2022. As of the date of this report, staff has not received any correspondence regarding the proposed amendment (Attachment 2).
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 (Attachment 3).
ENVIRONMENTAL IMPACT:
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 City 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 project 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 GPU Final EIR. The proposed project described above hereby meets the guidelines. Therefore, no further environmental review is required.
DISCUSSION:
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 (Attachment 4).
ANALYSIS:
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.
The proposed plan systematically implements and is consistent with the general plan; The proposed plan will not be detrimental to the public interest, health, safety, convenience, or welfare of the city; The subject property is physically suitable for the requested land use designation(s) and the anticipated land use development(s); 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.
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. This amendment would amend this section to allow Convenience Markets by-right (P), Alcohol Sales (On-sale) and Alcohol sales (Off-sale) by Conditional 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
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 proposed specific plan amendment. None of the California Native American Tribes requested consultation regarding the proposed amendment.
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.
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 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 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 the area, the permit may be revoked by the Planning Commission.
Prepared by:
_____________________________
Alina Barron
Associate Planner
ATTACHMENTS:
Attachment No. 1 – Draft Ordinance No. 4314
Attachment No. 2 – Public Hearing Notice Proof of Publication Attachment No. 3 – Planning Commission Staff Report dated March 9, 2021 with Attachments Attachment No. 4 – Staff Presentation
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Specific Plan Amendment (SPA-16021-2022)