ORDINANCE NO. 4314
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA 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 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, 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 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, 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) and Conditional Use Permit (CUP-16022-2021); WHEREAS, on March 9, 2022, the Planning Commission of the City of Pomona after carefully considering all pertinent testimony, recommendation of the Planning Division staff, and the staff report offered in the case as presented at the public hearing, the Planning Commission unanimously motioned 7-0-0-0 to recommend approval of the Specific Plan Amendment (SPA-16021-2021) and approve the Conditional Use Permit (CUP-16022-2021), subject to conditions; WHEREAS, the City Council of the City of Pomona has, after giving notice thereof as required by law, held a public hearing on April 4, 2022, concerning the requested Specific Plan Amendment (SPA-16021-2021); and WHEREAS, the City Council has carefully considered all pertinent testimony and the staff report offered in the case as presented at the public hearing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pomona as follows:
SECTION 1. The City Council hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Ordinance.
SECTION 2. The City Council, exercising independent judgment, finds that the project will not have an adverse impact on the environment pursuant to Section 15061(b)(3)the proposed project described above hereby meets the guidelines for 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; SECTION 3. In accordance with Section .584(I) of the Pomona Zoning Ordinance, the amendment of specific plan text shall be subject to the same findings as prescribed for initial enactment of a specific plan for approval. 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 City Council hereby finds as follows:
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.
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 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. Thus, the proposed Specific Plan Amendment 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 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.
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 Plan and only effects uses permitted by-right and by Conditional Use Permit.
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 4. 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 City Council hereby finds that the proposed Specific Plan Amendment is in the public interest and in the interest of the furtherance of the public health, safety, and welfare and is consistent with the goals, objectives, policies, and programs of the Pomona General Plan Government Code Section 65852.2(a)(1)(c).
SECTION 5. The City Council of the City of Pomona hereby approves Specific Plan Amendment (SPA-16021-2021) Section 2.3.2. Table 2-5 Land Use Matrix of the Downtown Pomona Specific Plan, Residential Multi-Family District(R-MF) Section to be amended as follows:
Fig. 1. 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. 1.2. New 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
SECTION 6. If any section, subsection, sentence clause or phrase or word of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction or preempted by state legislation, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Pomona hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence clause or phrase or word not declared invalid or unconstitutional without regard to any such decision or preemptive legislation.
SECTION 7. The City Clerk shall attest and certify to the passage and adoption of this Ordinance, and shall cause same to be posted as required by law, and this Ordinance shall take effect thirty (30) days after its final adoption.
CITY OF POMONA:
_____________________________
Tim Sandoval
Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ _____________________________ Sonia Carvalho Rosalia A. Butler, MMC
City Attorney City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF POMONA
I, ROSALIA A. BUTLER, MMC, CITY CLERK of the City of Pomona do hereby certify that the foregoing Ordinance was introduced for first reading at a regular meeting of the City Council of the City of Pomona held on April 4, 2022 and was adopted at second reading at a regular meeting of the City Council of the City of Pomona held on April 18, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Rosalia A. Butler, MMC
City Clerk
Ordinance No. 4314
April 18, 2022
ATTACHMENT NO. 2
ATTACHMENT NO. 2