CUP 18563-2022
2455 N. Garey Avenue
Planning Commission
December 14, 2022
Planning Commission
Planning Division Staff Report
DATE: December 14, 2022
TO: Chairperson and Members of the Planning Commission
FROM: Planning Division
REQUEST: Conditional Use Permit (18563-2023)
Request for a Conditional Use Permit for a Type 21 (Off -Sale General) alcohol license at an existing convenience store at a property located at 2455 N. Garey Avenue within the Transit Oriented District of the Pomona Corridors Specific Plan (PCSP) and designated Transit Oriented District: Core Place Type and T6-B Transect.
Executive Summary
The applicant is requesting a Conditional Use Permit to establish a Type 21 (Off-Sale General) alcohol license at an existing convenience store, “Garey’s 1 Stop Auto.” The subject parcel is currently developed with multiple uses including a gas oline station, self -serve car wash, automobile repair facility, quick-service restaurant, commercial office being currently utilized as an automobile insurance and registration office, and the subject convenience store. There are no proposed expansions of the existing uses or physical modifications to any existing structures.
Staff Recommendation
Staff recommends that the Planning Commission move to close the public hearing and deny the request per Staff’s recommendations as presented in the Draft Resolution ( Attachment No. 1).
Property Details
Address 2455 N. Garey Avenue
Assessor’s Parcel Number (APN) 8371-016-049
Lot Size 64,075 SF (1.47 AC)
General Plan Place Type Transit Oriented District: Core Place Types General Plan Transect Zone T6-B (20-100 du/ac)
Zoning District Transit Oriented District of the Pomona Corridors Specific Plan; “S” (Supplemental) Overlay
Historic District N/A
Specific Plan Pomona Corridors Specific Plan (PCSP)
City Council District 6
Applicant Evon Halaka
CUP 18563-2022
2455 N. Garey Avenue
Planning Commission
December 14, 2022
Property Owner Evon Halaka
Related Actions
Historic
Preservation
N/A
Code
Compliance
No active code violations
Building &
Safety
1960 – Construction of Dentist office 1973 – Construction of one-story office building (50’ x 40’)
1978 – Construction of skateboard park
1995 – Demolition of skateboard park and dentist office 1996 – Add patio cover to car wash on south side of food store 1998 – Construction of car wash
1998 – Construction of auto lube building
1998 – Construction of gas dispensing canopy
1999 – Certificate of occupancy for gas station
Planning PC Resolution No. 3632 – Approval of Parcel Map No. 5080 (2 Lots) for 2451- 2455 N. Garey Ave. Approved July 24, 1974.
PC Resolution No. 4028 – An Exemption Declaration from an Environmental Impact Report for a Conditional Use Permit to develop a Skateboard Park in a C4 Zone. Approved March 9, 1977.
PC Resolution No. 4029 – Conditional Use Permit to develop a “Skateboard Park” in a C-4 zone. Approved March 9, 1977.
PC Resolution No. 4316 – Modification of a Conditional Use Permit to extend hours of operation for a Skateboard Park. Approved January 11, 1978.
PC Resolution No. 4453 – Modification of a Conditional Use Permit for a Skateboard Park. Approved June 14, 1978.
PC Resolution No. 7618 – Conditional Use Permit for development of an industrial building in C-IND-S zone on property located at 2447, 2451, 2455 North Garey Avenue. Approved May 8, 1991.
Location of Request
A. General Location
The subject site consists of a single parcel across approximately 64,075 square feet or about
1.47 acres in size. It is a through lot bounded by North Garey Avenue to the east and Pine Street to the west, with access from both streets. The property is mid-block north of Arrow Highway and south of Grevillia Street. The parcel is currently developed with multiple detached structures and a gasoline station canopy and has multiple active businesses on site. The building pe rmit records of the Building and Safety Division indicate that the commercial buildings on site were constructed between 1995 and 1998. Existing site photographs have been provided for Commission consideration as Attachment 2.
CUP 18563-2022
2455 N. Garey Avenue
Planning Commission
December 14, 2022
The subject commercial property currently has six existing businesses including an automobile repair shop, gasoline station, convenience store, self-serve car wash, a take-away restaurant, automobile registration and insurance office, and the subject convenience store associated with this request. The self-serve car wash, gasoline station, and subject convenience store are all under the same operator, the others are leased out. The site currently consists of mostly asphalted surface with open parking and limited landscaping fronting N. Garey Avenue.
Figure 1. Location of Request
B. Adjacent Land Uses & Current Zoning
The subject parcel is located within the “ Transit Oriented District" of the Pomona Corridors Specific Plan (PSCP). According to the PCSP, new development within the Transit Oriented District will typically feature a mixture of ground-level shops, services, and workplace uses. In addition to the PCSP, the subject site is located within the “S” (Supplemental) Overlay, and has
Aerial Map
Arrow Hwy.
W. Grevillia St.
Pine St.
N. Garey Ave.
CUP 18563-2022
2455 N. Garey Avenue
Planning Commission
December 14, 2022
a corresponding General Plan Transect designation of T6-B, which allows between 20 and 100 dwelling units per acre. The General Plan designation is Transit Oriented District: Core Place Types, further detailed below.
The subject convenience store, quick -service restaurant, and commercial service and office space are uses permitted in the Transit Oriented District of the PCSP. Many of the other current uses and structures on site are non-conforming to the current development standards of the PCSP. This includes the self -serve car wash, a use that is not permitted in the PCSP; and the gasoline station and automobile repair shop, both of which would require a conditional use permit under current standards. The structures are legal non -conforming as they do not satisfy the building form development standards of the Pomona Corridors Specific Plan.
The properties immediately adjacent to the west, north, and east of the subject site are also zoned within the Transit Oriented District of the PCSP with the “S” Overlay extending along both sides of N. Garey Avenue in this area. The properties south of the subject property consist of detached commercial structures being utilized as a Zumba fitness center, a doughnut shop, and a “Pizza Hut.” The property adjacent to the north is develop as an office building providing medical services. The properties further south across Arrow Highway are within the Neighborhood Center Segment of the PCSP and are developed as a gasoline station and a large commercial strip mall. Directly across Garey Avenue is the Urban Neighborhood Segment of the PCSP. Among the properties across Garey Avenue is a large vacant lot; several relatively small detached and legal non-conforming commercial or industrial structures; and “Johnny’s Burgers,” a fast-food, drive-through restaurant. The adjacent neighborhood across Pine Street to the west consist s of an industrial park with light manufacturing and warehousing, also within the Transit Oriented District.
CUP 18563-2022
2455 N. Garey Avenue
Planning Commission
December 14, 2022
Figure 2. Current Zoning
C. General Plan Land Use
The Pomona General Plan identifies the location, as well as the adjacent properties and the blocks to the west and north, as “Transit Oriented District: Core” Place Type. Across N. Garey Avenue to the east is the “Transit Oriented District: Neighborhood” Place Type. According to the General Plan, development in the “North Pomona Center” Transit Oriented District will generate value from close proximity to the Metrolink Station and future Gold Line Extension and consist primarily of transit oriented office/workplace and housing uses. Transit Oriented Districts will feature a mix of uses with retail, commercial and civic activity on the ground floor and housing, lodging, or workplace uses above. Transit oriented district “cores” are closest to major transit stops and have the greatest intensity and widest range of uses. Surrounding the core, transit oriented district “neighborhoods” are less intense and more housing oriented.
South of the subject site at the southwest block of Arrow Highway and Garey Avenue is designated as “Activity Center” Place Type. The block to the southeast of the intersection of Zoning Map
PCSP - Transit
Oriented District
PCSP – Urban
Neighborhood
PCSP – Workplace
Gateway Segment
PCSP –
Neighborhood
Center
CUP 18563-2022
2455 N. Garey Avenue
Planning Commission
December 14, 2022
Arrow Highway and Garey Avenue is the Neighborhood Edge Place Type.
The existing site is composed of several automobile oriented uses, such as the self-serve car wash, the gasoline station, and the automobile repair shop, all of which do not generally satisfy the intent of the designated place type. The proposed project does not include any modifications to the site but may contribute to an increase in automobile -related traffic and trips due to the availability of alcohol.
Figure 3. General Plan Land Use
General Plan Place Type
Transit Oriented
District: Core
Transit Oriented
District:
Neighborhood
Neighborhood Edge
Activity Center
CUP 18563-2022
2455 N. Garey Avenue
Planning Commission
December 14, 2022
Request Details
The applicant is requesting to establish a Type 21 (Off-Sale General) alcohol license at an existing convenience store, gasoline station, and self-serve car wash. There is an existing takeaway restaurant on site, however alcohol is not proposed nor would it be permitted to be consumed on site with the type of license associated with this request. The license is in conjunction with only the convenience store, and not with any other business on site. Approximately 300 square feet of floor area is proposed to be used for the display and storage of all refrigerated items, including beer and wine, and approximately 215 square feet of floor area is to be used for the sale of product at the sales counter. Liquor is proposed for display behind the sales counter.
Figure 4. Site Plan
CUP 18563-2022
2455 N. Garey Avenue
Planning Commission
December 14, 2022
Staff Analysis
A. Applicable Code Sections
Pursuant to Pomona Zoning Ordinance (PZO) Section .580 Conditional Use Permits (CUP) and the Pomona C orridors Specific Plan Section 2.2.A.iii , the approval of a CUP by the Planning Commission is required for any retail use with off-sale alcohol in the Pomona Corridors Specific Plan. Section .5809.4 of the PZO establishes development requirements for alcohol off-sale establishments.
The standards being applied for the cond itional use permit for an off -sale alcohol license consist of Section .5809.4 Off-Sale of Alcoholic Beverages.
B. Code Compliance
Analysis: Proposed Alcohol License
Compliance with the Pomona Zoning Ordinance Section .5809.4 Off-Sale of Alcoholic Beverages development standards are provided in Table 1 below.
Table 1: Development Standards in Section .5809.4 “Off-Sale Alcoholic Establishments”
Standard Proposed Project Compliance
Determination
Plot plans, landscape and irrigation plans,
floor plans and elevations shall be
approved by the planning commission
Provided Yes
Off-Street Parking: for off-sale one parking
space shall be provided for 100 sq. ft. of
gross floor area
Sufficient Yes
Parking Lot Standards: Parking lots,
including the landscaping and lighting,
thereof shall be installed and maintained
in accordance with city standards
Existing Yes
Proximity: 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
Sufficient Yes
Section .580.J and .5809.4 of the Zoning Ordinance establishes criteria for approval of a Conditional Use Permit for the off-sale of alcoholic beverages, as follows:
1) Off Street Parking: One parking space shall be provided for each 100 square feet of gross floor area for off-sale alcohol establishments. Approximately 300 square feet is proposed to CUP 18563-2022
2455 N. Garey Avenue
Planning Commission
December 14, 2022
be dedicated for the storage and display of alcohol and another 215 square feet used for the sale of product. Therefore a total of six parking spaces are required for the off-sale of alcohol. This requirement is being met as more than six parking spaces are currently on site.
2) Parking Lot: Parking lots, including landscaping and lighting, shall be installed and maintained in accordance with city standards. The parking lot is existing and is legal and non- conforming as it does not comply with the City of Pomona Water Efficient Landscape Ordinance (Ordinance No. 4232) and its respective parking lot landscape requirements .
However, the request does not represent new construction or an increase in the physical development of the site.
3) Proximity: The proposed location shall be sufficiently removed from any existing residential development or zoning and any house of worship, school, park, or playground so as not to be detrimental to that use. The proposed establishment is not directly adjacent to any existing sensitive use such as any house of worship, school, park, or playground. The nearest existing residential dwelling is a single family home that is over 300’ away to the southeast. The nearest school is over 1,000 ft. away. The nearest house of worship is approximately 425 ft. away. Because the site is within the Pomona Corridors Specific Plan (PCSP), the area on both sides of Garey Avenue are all zoned to allow for a range of uses, including residential, as the intent of the PCSP. Within the Transit Oriented District of the PCSP, “convenience uses,” including convenience stores, are permitted alongside potential future multi -family and attached single family residential dwelling units.
Table 4: Proximity to Sensitive Uses
Type
Sensitive Use Distance
PL to PL
Distance
Bldg. to Bldg.
Residential Single Family Homes 330 ft. 475 ft.
Residential Multi-family Residences 1,190 ft. 1,330 ft.
House of
Worship
Charisma Life Church 870 ft. 990 ft.
House of
Worship Iglesia Universal 1,500 ft. 2,15 ft.
House of
Worship Iglesia Evangelica Amigos 2,250 ft. 2,360 ft.
House of
Worship Church of the Open Bible 2,100 ft. 2,280 ft.
House of
Worship Iglesia Apostolica En La Fe De
Cristo Jesus
425 ft. 595 ft.
School Palomares Academy of Health
Sciences
1,045 ft. 1,555 ft.
School Pomona High School 2,535 ft. 2,985 ft.
CUP 18563-2022
2455 N. Garey Avenue
Planning Commission
December 14, 2022
School La Verne Science and
Technology Charter School
1,845 ft. 1,935 ft.
School San Jose Elementary School 2,900 ft. 3,055 ft.
School Harrison Elementary School 2,055 ft. 3,260 ft.
Park Palomares Park 1,550 ft. 1,665 ft.
Park Ted Greene Park 2,400 ft. 2,480 ft.
Pursuant to Zoning Ordinance Section .5809.4, the subject site should be “sufficiently removed” from sensitive uses so that the proposed alcohol sales will not be detrimental to these uses. Sensitive uses including, residential neighborhoods, schools, houses of worship, and parks have been evaluated in the area.
The property is approximately 330 feet from the nearest single family home. Multi -family residences are located approximately 1,190 feet to the north. Palomares Park and the Palomares Academy of Health Sciences School are located approximately 1,550 feet and 1,045 feet from the subject site respectively.
(Continued on next page)
CUP 18563-2022
2455 N. Garey Avenue
Planning Commission
December 14, 2022
Figure 7: Licensed Premises Diagram
C. Public Health
Staff analyzed the public health impacts that could result from approving the request for off - sale alcohol at the subject location. The principal analysis centered on the impact of alcohol outlet density on public health outcomes.
Currently, there are thr ee (3) establishments with active off-sale alcohol licenses in Census Tract 4022.00; “Smart & Final” supermarket (Type 21), “CVS Pharmacy” (Type 21), and “E & R Liquor” (Type 21). A Type 21 – “Off-Sale General” alcohol license authorizes the sale of beer, wine, and distilled spirits for consumption off the premises where sold whereas a Type 20 – “Off-Sale Beer and Wine” alcohol license authorizes the sale of only beer and wine for consumption off the premises where sold. Minors are allowed on the premises for both these license types.
CUP 18563-2022
2455 N. Garey Avenue
Planning Commission
December 14, 2022
Table 2: ABC Data on Off-sale alcohol licenses in Census Tract 4022.00, 4021.02, 4017.06, and 4017.07.
Census Tract Existing Off-Sale Licenses Allowed Off-Sale Licenses Subject Census Tract
4022.00 3 4
Adjacent Census Tract
4021.02 3 3
Adjacent Census Tract
4017.06
1 2
Adjacent Census Tract
4017.07
4 5
CUP 18563-2022
2455 N. Garey Avenue
Planning Commission
December 14, 2022
Figure 5: Existing Off-Sale Licenses & Census Tract
The subject site is situated at the boundary of the adjacent Census Tract of 4021.02.
According to the guidelines established by ABC, a total of four (4) off-sale licenses are allowed within this Census Tract before being deemed to have undue concentration. The tract was at concentration with four licenses during the operation of Cask and Keg Liquor at 120 East Magnolia Street, due north of the subject property. However, this establishment has closed and the license retired. There now remains three existing off-sale alcohol licenses within this census tract. A map showing the number and location of all active off-sale ABC licenses within nearby Pomona Census Tracts is provided for Commission consideration (Attachment 4).
CUP 18563-2022
2455 N. Garey Avenue
Planning Commission
December 14, 2022
The applicant is requesting to intro duce another source of alcohol sales, also known as an alcohol outlet, increasing the alcohol availability and density in the City of Pomona. “Garey’s 1 Stop Auto” and “VP Fuels,” located at 2455 N. Garey Ave is requesting a Conditional Use Permit (CUP) to allow the sale of alcohol for off -premise use. Although the subject request is for an off-premise alcohol outlet, the number and concentration of retail alcohol outlets in a community are likely to affect excessive alcohol use and related problems more than the retail characteristic1. People residing in areas with high concentrations of retail alcohol outlets are at a higher risk of excessive drinking and related harms 2. The higher risk is caused by increased access to alcohol, price competition, patronage by nonresidents, and social aggregation of binge drinkers in a small geographic area2.
Regulating alcohol outlet density is an effective intervention for reducing excessive alcohol consumption and related harms. Although a standard method for measuring exposure does not exist,3 limiting the availability of alcohol in regulating alcohol outlet density is an effective intervention for reducing excessive alcohol consumption and related harms . In the presen t case, if this alcohol license was granted there would be a net increase in alcohol outlet density despite the sufficient prevalence of already existing alcohol licenses in the area.
Findings
In analyzing a Conditional Use Permit, Staff reviews five fi ndings of fact that the Planning Commission must make to approve such requests. These findings must be made for the conditional use permit (CUP 18563-2021). The analyses related to each of these findings are as follows:
1. That the proposed use at the particular location will contribute to the general wellbeing of the neighborhood or community.
The sale of beer and wine for off-site consumption will not contribute to the general wellbeing of the neighborhood or community . The addition of a new alcohol license will not provide a public convenience or necessity that is not already being provided to the community through existing availability of alcohol sales in the area. Due to the prevalence of existing alcohol licenses for off-sale availability, the City already has a “high outlet density” of alcohol outlets in this area. Public health peer-reviewed literature has concluded that high concentrations of alcohol outlets (ie, high outlet density) are an environmental hazard that increases the risk of excessive drinking and related harms—including violence, alcohol-impaired driving, pedestrian injuries, disorderly conduct, noise, public nuisance, and property damage. High -density
1 Centers for Disease Control and Prevention. (2021, October 19). Alcohol Outlet Density Measurement Tools. Centers for Disease Control and Prevention. Retrieved August 4, 2022, from https://www.cdc.gov/alcohol/fact-sheets/outlet-density-measurement.htm
2 Centers for Disease Control and Prevention. (2021, October 19). Alcohol Outlet Density Measurement Tools. Centers for Disease Control and Prevention. Retrieved August 4, 2022, from https://www.cdc.gov/alcohol/fact-sheets/outlet-density-measurement.htm
3 Sacks, J. J., Brewer, R. D., Mesnick, J., Holt, J. B., Zhang, X., Kanny, D., Elder, R., & Gruenewald, P. J. (2020). Measuring Alcohol Outlet Density: An Overview of Strategies for Public Health Practitioners. Journal of public health management and practice : JPHMP, 26(5), 481– 488.
CUP 18563-2022
2455 N. Garey Avenue
Planning Commission
December 14, 2022
clusters of alcohol outlets lead to increased access to alcohol, increased price competition (which makes alcoholic beverages less expensive and therefore more accessible), and social aggregation of binge drinkers, particularly in neighborhoods located nearby. Controlling for 28 other alcohol-related policies, researchers found that policies on alcohol outlet density had a strong and independent association with differences in adult binge drinking across states.
Citation: Sacks, J. J., Brewer, R. D., Mesnick, J., Holt, J. B., Zhang, X., Kanny, D., Elder, R., & Gruenewald , P. J. (2020). Measuring Alcohol Outlet Density: An Overview of Strategies for Public Health Practitioners. Journal of public health management and practice: JPHMP, 26(5), 481–488.
2. That such use will not, under the circumstances of the particular case, 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 property or improvements in the vicinity.
The off-sale of alcohol will be detrimental to the health, safety, peace, and general welfare of persons residing or working in the vicinity. Due to the prevalence of existing alcohol licenses for off-sale availability, the City already has a “high outlet density” of alcohol outlets in this area. High concentrations of alcohol outlets (ie, high outlet density) are an environmental hazard that increases the risk of excessive drinking and related harms —including violence, alcohol-impaired driving, pedestrian injuries, disorderly conduct, noise, public nuisance, and property damage. High-density clusters of alcohol outlets lead to increased access to alcohol, increased price competition (which makes alcoholic beverages less expensive and therefore more accessib le), and social aggregation of binge drinkers, particularly in neighborhoods located nearby. Controlling for 28 other alcohol -related policies, researchers found that policies on alcohol outlet density had a strong and independent association with differen ces in adult binge drinking across states.
Citation: Sacks, J. J., Brewer, R. D., Mesnick, J., Holt, J. B., Zhang, X., Kanny, D., Elder, R., & Gruenewald, P. J. (2020). Measuring Alcohol Outlet Density: An Overview of Strategies for Public Health Practitioners. Journal of public health management and practice: JPHMP, 26(5), 481–488.
3. That the site for the proposed use is of adequate topography, size and shaped to accommodate said use, as well as all yards, spaces, walls, fences, parking, loading, landscaping, and any other features necessary to allow said use with the land and uses in the neighborhood and make it compatible thereto.
The site is approximately 64,075 square feet . While there may be sufficient land to accommodate the proposed use, it is likely that the availability of alcohol would increase automobile-related trips to the proposed site and exacerbate existing auto-oriented conditions in a neighborhood whose Genera l Plan land use vision is intended to be a transit -oriented, walkable environment.
4. That the site abuts streets and highways adequate in width and improvements to carry traffic generations typical of the proposed use.
The subject site is located along a minor arterial street , Garey Avenue, which is capable of accommodating any additional vehicle trips generated by the proposed use. The minor arterial street in this particular location represents the “First-Last Mile” of the North Metrolink Station CUP 18563-2022
2455 N. Garey Avenue
Planning Commission
December 14, 2022
and Fut ure “L” Line Metro extension, which includes multiple goals to enhance the multi - modality of Garey Avenue. Therefore, the addition of new automobile traffic to the subject property may exacerbate and diminish attempts to reduce automobile reliance on Garey Avenue and support multi-modal efforts.
5. That the granting of such conditional use permit will not adversely affect the General Plan of the city, or any other adopted plan of the city and conforms to the provisions of the zoning ordinance.
The proposed request is within the “ Transit Oriented District: Core” Place Type designation under the Pomona General Plan. Goal 6B.G2 calls for locating higher intensity transit oriented development around existing and future train stations. The proposed use is not con tributing to increasing “transit-oriented” development, and instead would contribute to increased auto- oriented traffic, by siting a new use on a property with multiple existing auto -oriented uses, the most prominent of which is a gas station with convenie nce store. Goal 6B.G4 calls for ensuring that transit oriented districts are walkable, active, and well integrated into surrounding City districts and neighborhoods. The proposed property is deficient in any characteristics that make it walkable or well integrated into the surrounding community, and is heavily dependent on auto -oriented circulation; introduction of a new alcohol use would increase auto-oriented demand for trips and negatively impact the potential to establish a walkable neighborhood.
D. Environmental Review
California Environmental Quality Act (CEQA) analysis is not required for project denials.
Public Communication
A copy of the public hearing notice was published in the Inland Valley Daily Bulletin on December 2, 2022 and was sent to the owners and occupants of properties within a 400-foot radius of the subject site on December 1, 2022 (Attachment 5) As of the date of this report, staff has not received any comments in opposition to the proposed project.
Attachments
1. Draft PC Resolution No. 22-034
2. Site Photographs
3. Proposed Plans
4. Census Tract & Police District Exhibit
5. Proof of Publication & Mailing
6. PC Presentation
CUP 18563-2022
2455 N. Garey Avenue
Planning Commission
December 14, 2022
Prepared by:
Alan Fortune
Assistant Planner
Alejandra Guzman-Bracamontes
Public Health Fellow
Monica Montanez
Community Health Worker
Submitted by:
Ata Khan
Planning Manager
PC RESOLUTION NO. 22-034
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
POMONA, CALIFORNIA DENYING A CONDITIONAL USE PERMIT TO
ALLOW THE ESTABLISHMENT OF A TYPE 21 ALCOHOL LICENSE (OFF-
SALE GENERAL) AT AN EXISTING COVENIENCE STORE ON A PROPERTY LOCATED AT 2455 N. GAREY AVENUE (APN 8371-016-049)
WHEREAS, the applicant, Evon Halaka, has filed an application for a Conditional Use Permit, being processed under Conditional Use Permit CUP 018563-2021 to allow the reestablishment of a Type 20 Alcohol L icense (Off-Sale Beer and W ine) in conjunction with a proposed market with associated on-site improvements on a property located at 1670 Indian Hill Boulevard;
WHEREAS, the subject site is currently located within the Transit Oriented District of the Pomona Corridors Specific Plan (PCSP) and SB330 Overlay;
WHEREAS, the subject site is currently designated “Transit Oriented District: Core” Place Types as well as “T6-B” Transect Zone by the City’s General Plan;
WHEREAS, the approval of a Conditional Use Permit by the Planning Commission is required for the off-sale of alcoholic beverages, pursuant to Section .580 of the Pomona Zoning Ordinance;
WHEREAS, the Planning Commission, after giving notice thereof as required by law, held a public hearing on December 14, 2022, concerning the requested Conditional Use Permit (CUP 018563-2022); and
WHEREAS, the Planning Commission has carefully considered all pertinent testimony, the recommendation of the Planning Division staff and 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 the City of Pomona, California:
SECTION 1. 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 2. In accordance with Section .580.B of the Zoning Ordinance, the Planning Commission must make findings in order to approve Conditional Use Permit (CUP 018563-2022).
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:
PC Resolution No 22-034
CUP 18563-2022 – 2455 N. Garey Avenue
1. That the proposed use at the particular location will contribute to the general wellbeing of the neighborhood or community.
The sale of beer and wine for off -site consumption will not contribute to the general wellbeing of the neighborhood or community. The addition of a new alcohol license will not provide a public convenience or necessity that is not already being provided to the community through existing availability of alcohol sales in the area. Due to the prevalence of existing alcohol licenses for off-sale availability, the City already has a “high outlet density” of alcohol outlets in this area. Public health peer-reviewed literature has concluded that high concentrations of alcohol outlets (ie, high outlet density) are an environmental hazard that increases the risk of excessive drinking an d related harms—including violence, alcohol- impaired driving, pedestrian injuries, disorderly conduct, noise, public nuisance, and property damage. High-density clusters of alcohol outlets lead to increased access to alcohol, increased price competition (which makes alcoholic beverages less expensive and therefore more accessible), and social aggregation of binge drinkers, particularly in neighborhoods located nearby. Controlling for 28 other alcohol -related policies, researchers found that policies on alcohol outlet density had a strong and independent association with differences in adult binge drinking across states.
Citation: Sacks, J. J., Brewer, R. D., Mesnick, J., Holt, J. B., Zhang, X., Kanny, D., Elder, R., & Gruenewald, P. J. (2020). Measuring Alc ohol Outlet Density: An Overview of Strategies for Public Health Practitioners. Journal of public health management and practice:
JPHMP, 26(5), 481–488.
2. That such use will not, under the circumstances of the particular case, 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 property or improvements in the vicinity.
The off-sale of alcohol will be detrimental to the health, safety, peace, and general welfare of persons residing or working in the vicinity. Due to the prevalence of existing alcohol licenses for off -sale availability, the City already has a “high outlet density” of alcohol outlets in this area. High concentrations of alcohol outl ets (ie, high outlet density) are an environmental hazard that increases the risk of excessive drinking and related harms — including violence, alcohol-impaired driving, pedestrian injuries, disorderly conduct, noise, public nuisance, and property damage. High-density clusters of alcohol outlets lead to increased access to alcohol, increased price competition (which makes alcoholic beverages less expensive and therefore more accessible), and social aggregation of binge drinkers, particularly in neighborhoods located nearby. Controlling for 28 other alcohol -related policies, researchers found that policies on alcohol outlet density had a strong and independent association with differences in adult binge drinking across states.
Citation: Sacks, J. J., Brewer, R. D., Mesnick, J., Holt, J. B., Zhang, X., Kanny, D., Elder, R., & Gruenewald, P. J. (2020). Measuring Alcohol Outlet Density: An Overview of PC Resolution No 22-034
CUP 18563-2022 – 2455 N. Garey Avenue
Strategies for Public Health Practitioners. Journal of public health management and practice:
JPHMP, 26(5), 481–488.
3. That the site for the proposed use is of adequate topography, size and shaped to accommodate said use, as well as all yards, spaces, walls, fences, parking, loading, landscaping, and any other features necessary to allow said use with the land and uses in the neighborhood and make it compatible thereto.
The site is approximately 64,075 square feet. While there may be sufficient land to accommodate the proposed use, it is likely that the availability of alcohol would increase automobile-related trips t o the proposed site and exacerbate existing auto -oriented conditions in a neighborhood whose General Plan land use vision is intended to be a transit- oriented, walkable environment.
4. That the site abuts streets and highways adequate in width and improvements to carry traffic generations typical of the proposed use.
The subject site is located along a minor arterial street, Garey Avenue, which is capable of accommodating any additional vehicle trips generated by the proposed use. The minor arterial street in this particular location represents the “First -Last Mile” of the North Metrolink Station and Future “L” Line Metro extension, which includes multiple goals to enhance the multi-modality of Garey Avenue. Therefore, the addition of new automobile traffic to the subject property may exacerbate and diminish attempts to reduce automobile reliance on Garey Avenue and support multi-modal efforts.
5. That the granting of such conditional use permit will not adversely affect the General Plan of the city, or any ot her adopted plan of the city and conforms to the provisions of the zoning ordinance.
The proposed request is within the “Transit Oriented District: Core” Place Type designation under the Pomona General Plan. Goal 6B.G2 calls for locating higher intensity transit oriented development around existing and future train stations. The proposed use is not contributing to increasing “transit-oriented” development, and instead would contribute to increased auto-oriented traffic, by siting a new use on a property with multiple existing auto- oriented uses, the most prominent of which is a gas station with convenience store. Goal 6B.G4 calls for ensuring that transit oriented districts are walkable, active, and well integrated into surrounding City districts and neighb orhoods. The proposed property is deficient in any characteristics that make it walkable or well integrated into the surrounding community, and is heavily dependent on auto -oriented circulation; introduction of a new alcohol use would increase auto -oriented demand for trips and negatively impact the potential to establish a walkable neighborhood.
PC Resolution No 22-034
CUP 18563-2022 – 2455 N. Garey Avenue
SECTION 4. Based upon the above findings, the Planning Commission hereby denies the Conditional Use Permit request (CUP 18563-2022).
SECTION 5. The Secretary shall certify to the adoption of this Resolution and forward the original to the City Clerk.
APPROVED AND PASSED THIS 14th DAY OF DECEMBER, 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 22-034
CUP 18563-2022 – 2455 N. Garey 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."
1670 Indian Hill Boulevard
CUP 18563-2022
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Census Tract 4022.00 Census Tract 4021.02
1. Garey's 1 Stop Auto – 2455 N. Garey Avenue (Type 20)
2. Smart and Final – 160 W. Willow Street (Type 21)
3. CVS Pharmacy – 150 W. Willow Street (Type 21)
4. E & R Liquor – 1643 N. Garey Avenue (Type 21)
5. Walmart Neighborhood Market – 778 E. Arrow Highway
(Type 21)
6. Lucky Pomona Liquor – 588 E. La Verne Avenue (Type 21)
7. 7-Eleven – 2055 N. Towne Avenue (Type 20)
Census Tract 4017.06 Census Tract 4017.07
8. Super Stop Liquor – 3440 Falcon Street (Type 21) 9. Superior Grocers – 3180 N. Garey Avenue (Type 21)
10. J & W Liquor – 533 E. Foothill Boulevard (Type 21)
11. CVS Pharmacy – 775 E. Foothill Boulevard (Type 21)
12. 7-Eleven – 730 E. Foothill Boulevard (Type 20)
4 6
1- Subject Site
4022.00
4021.02
4017.07
4017.06
2 .
3 .
7 5
8 v
11 9
10 12
Subject and Nearby Police Reporting Districts
with Total Number of Crimes for 2021
Number in Parenthesis (__) Indicates Sum of Part I Offenses and Part II Arrests (Total Number of Crimes) *Indicates High Crime District (Threshold is 99 crimes for 2021) - Subject Location
23 (55)
35 (117)*
37 (9)
34 (14)
27 (50)
28 (93)
32 (17)
33 (33)
26 (72)
25 (105)*
CITY OF POMONA PLANNING DIVISION
NOTICE OF PUBLIC HEARING
PROPOSED PROJECT
PUBLIC HEARING INFORMATION
This is not a citation (Esta no es una citación).
If you are receiving this notice, your property is located within 400 feet of the proposed project.
Time & Date Planning Commission Meeting, Wednesday, December 14, 2022, 7:00 p.m.
Location City Council Chambers, 505 S. Garey, Pomona, CA 91766 (in-person meeting)
Questions Alan Fortune, Assistant Planner
Available to contact at (909) 620-2449 or [email protected]
Written Comments: Written comments may be submitted to [email protected], by 6:0 0 p.m. the day of the hearing. Please title your email “ PC Public Comment 12 -14-22”. Comments received via email will be made a part of the official record of the meeting.
The staff report on this matter will be available no later than December 8, 2022 on the City of Pomona website, which may be accessed at https://pomona.legistar.com/Calendar.aspx or by emailing the case planner, Alan Fortune.
PLEASE NOTE: If you challenge this matte r 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.
The Planning Commission will conduct a public hearing to consider a request for a Conditional Use Permit (CUP 18563-2022) for a Type 21 (Off-Sale General) alcohol license at an existing convenience store within the Transit Oriented District of the Pomona Corridors Specific Plan (PCSP).
Applicant Evon Halaka
Location 2455 N. Garey Avenue
Assessor’s Parcel No(s). 8371-016-049
Hearing Body Planning Commission
Case File(s) CUP 18563-2022
Environmental Determination
The City of Pomona, as lead agency, has conducted an environmental review on the proposed pro ject 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 o n 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 Article 19, Section 15301, Class 1 ( Existing Facilities ) in tha t the project consists of an existing convenience store with no proposed expansions . The proposed proje ct described above hereby meets the guidelines for a Categorical Exemption, therefore no further environmental review is required.
DECLARATION OF MAILING
I, Miroslava PourSanae, say that on the 1st of December, 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: 2455 N. Garey Avenue
Project: CUP 18563-2022
Meeting Date: December 14, 2022
I declare, under penalty of perjury, that the foregoing is true and correct.
____________________________________________
Executed at Pomona, California on December 1, 2022
2455 N. Center - Alan(5030269) - Page 1 of 2
FILER
Miroslava PourSanae
[email protected]
(909) 620-2354
FILING FOR
Inland Valley Daily
Bulletin - LA
Columns Wide:3 Ad Class:Legals
INTERIM AD DRAFT
This is the proof of your ad scheduled to run in Inland Valley Daily Bulletin - LA on the dates indicated below. If changes are needed, please contact us prior to deadline at (909) 987-6397.
Notice ID: cElWxap8nRWW1aMUs0CE | Proof Updated: Nov. 29, 2022 at 11:47am PST Notice Name: 2455 N. Center - Alan(5030269)
12/02/2022: City Notices 347.63
Subtotal $361.54
Tax % 0.00
Total $361.54
See Proof on Next Page
2455 N. Center - Alan(5030269) - Page 2 of 2
Planning Commission Meeting
2455 N. Garey Avenue
Conditional Use Permit
(CUP 18563-2022)
Applicant: Evon Halaka
Planning Commission Meeting
Request Location Plans Compliance Summary
Requests:
• Request for a Conditional Use Permit for a Type 21 (Off-Sale General) alcohol license at an existing convenience store at a property located at 2455 N. Garey Avenue within the Transit Oriented District of the Pomona Corridors Specific Plan (PCSP)
Planning Commission Meeting
Request Location Plans Compliance Summary
Conditional Use Permit
• Per the Pomona Zoning Ordinance Sec. .580.J and
5809.4 (Off-sale Alcohol Establishments), the approval of a CUP by the Planning Commission is required for any
retail use with off-sale alcohol within the Pomona
Corridors Specific Plan
Planning Commission Meeting
Request Location Plans Compliance Summary
Through lot between N. Garey
Avenue and Pine Street, mid
block between Arrow Highway
and Grevillia Street.
64,075 SF
(+/- 1.47 Acres)
Council District 6
(Robert Torres)
Transit Oriented District (PCSP)
General Plan Designation:
Transit Oriented District: Core
Subject Site N
Aerial Map
Arrow Hwy.
W. Grevillia St.
Pine St.
N. Garey Ave.
Planning Commission Meeting
Request Location Plans Compliance Summary
Through lot between N. Garey
Avenue and Pine Street, mid
block between Arrow Highway
and Grevillia Street.
64,075 SF
(+/- 1.47 Acres)
Council District 6
(Robert Torres)
Transit Oriented District (PCSP)
General Plan Designation:
Transit Oriented District: Core
Subject Site N
Zoning Map
PCSP - Transit
Oriented District
PCSP – Urban
Neighborhood
PCSP – Workplace
Gateway Segment
PCSP –
Neighborhood
Center
Planning Commission Meeting
Request Location Plans Compliance Summary
Through lot between N. Garey
Avenue and Pine Street, mid
block between Arrow Highway
and Grevillia Street.
64,075 SF
(+/- 1.47 Acres)
Council District 6
(Robert Torres)
Transit Oriented District (PCSP)
General Plan Designation:
Transit Oriented District: Core
Subject Site N
General Plan Place Type
Transit Oriented
District: Core
Transit Oriented
District:
Neighborhood
Neighborhood Edge Activity Center
Planning Commission Meeting
Request Location Plans Compliance Summary
Building Permit History
1960 – Construction of Dentist office 1973 – Construction of one- story office building (50’ x 40’)
1978 – Construction of skateboard park
1995 – Demolition of skateboard park and dentist office 1996 – Add patio cover to car wash on south side of food store 1998 – Construction of car wash
1998 – Construction of auto lube building
1998 – Construction of gas dispensing canopy
1999 – Certificate of occupancy for gas station
Planning Commission Meeting
Request Location Plans Compliance Summary
Entitlement History
• PC Resolution No. 3632 – Approval of Parcel Map No. 5080 (2 Lots) for 2451-2455 N. Garey Ave. Approved July 24, 1974.
• PC Resolution No. 4028 – An Exemption Declaration from an Environmental Impact Report for a Conditional Use Permit to develop a Skateboard Park in a C4 Zone. Approved March 9, 1977. • PC Resolution No. 4029 – Conditional Use Permit to develop a “Skateboard Park” in a C-4 zone. Approved March 9, 1977. • PC Resolution No. 4316 – Modification of a Conditional Use Permit to extend hours of operation for a Skateboard Park. Approved January 11, 1978.
• PC Resolution No. 4453 – Modification of a Conditional Use Permit for a Skateboard Park. Approved June 14, 1978.
• PC Resolution No. 7618 – Conditional Use Permit for development of an industrial building in C-IND-S zone on property located at 2447, 2451, 2455 North Garey Avenue. Approved May 8, 1991.
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
N
Planning Commission Meeting
Request Location Plans Compliance Summary
Type Sensitive Use Distance
PL to PL
Distance
Bldg. to
Bldg.
Residential Single Family Homes 330 ft. 475 ft.
Residential Multi-family Residences 1,190 ft. 1,330 ft.
House of
Worship
Charisma Life Church 870 ft. 990 ft.
House of
Worship
Iglesia Universal 1,500 ft. 2,15 ft.
House of
Worship
Iglesia Evangelica Amigos 2,250 ft. 2,360 ft.
House of
Worship
Church of the Open Bible 2,100 ft. 2,280 ft.
House of
Worship
Iglesia Apostolica En La Fe De
Cristo Jesus
425 ft. 595 ft.
School Palomares Academy of Health
Sciences
1,045 ft. 1,555 ft.
School Pomona High School 2,535 ft. 2,985 ft.
School La Verne Science and Technology
Charter School
1,845 ft. 1,935 ft.
School San Jose Elementary School 2,900 ft. 3,055 ft.
School Harrison Elementary School 2,055 ft. 3,260 ft.
Park Palomares Park 1,550 ft. 1,665 ft.
Park Ted Greene Park 2,400 ft. 2,480 ft.
Planning Commission Meeting
Request Location Plans Compliance Summary
Standard Proposed Project Compliance
Determination
Plot plans, landscape and irrigation
plans, floor plans and elevations shall
be approved by the planning
commission
Provided N/A
Off-Street Parking: for off-sale one
parking space shall be provided for 100
sq. ft. of gross floor area
Sufficient Yes
Parking Lot Standards: Parking lots,
including the landscaping and lighting
thereof shall be installed and
maintained in accordance with city
standards
Existing Yes
Proximity: 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
Sufficient Yes
Planning Commission Meeting
Request Location Plans Compliance Summary
• Environmental
• California Environmental Quality Act (CEQA) analysis is not required for project denials.
• Noticing
• All public noticing was completed as required by law. • No comments in support or opposed to the project were received.
Planning Commission Meeting
Request Location Plans Compliance Summary
Public Health:
• The number and concentration of retail alcohol outlets in a community are likely to affect excessive alcohol use and related problems • Regulating alcohol outlet density is an effective intervention for reducing excessive alcohol consumption and related harms.
Planning Commission Meeting
Request Location Plans Compliance Summary
• Staff recommends that the Planning Commission move to close the public hearing and deny the request per Staff’s recommendations for Conditional Use Permit (CUP 18563-
2022), subject to findings and conditions in Draft Resolution No. 22-034.