PC RESOLUTION NO. 22-034
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF POMONA, CALIFORNIA DENYING A CONDITIONAL USE PERMIT TO ESTABLISH 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 establish a Type 21 Alcohol License (Off-Sale General) in at an existing convenience store on a property located at 2455 N. Garey Avenue; 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:
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 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.
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 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.
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 General Plan land use vision is intended to be a transit-oriented, walkable environment.
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.
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 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 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.
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: Miranda Meza, Camacho, Urey, Kercheval, Brown.
NOES: None.
ABSTAIN: None.
ABSENT: Ontiveros, VanderMolen.
"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 22-034
CUP 18563-2022 – 2455 N. Garey Avenue
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