CITY OF POMONA
COUNCIL REPORT
January 23, 2022
To: Honorable Mayor and Members of the City Council
From: James W. Makshanoff, City Manager
Submitted By: Anita Gutierrez, AICP, Development Services Director SUBJECT: APPEAL OF CONDITIONAL USE PERMIT NO. 18563-2022 FOR PROPERTY LOCATED WITHIN THE TRANSIT ORIENTED DISTRICT OF THE POMONA CORRIDORS SPECIFIC PLAN (PCSP) RECOMMENDATION:
It is recommended that the City Council uphold the Planning Commission decision to deny the request for a Conditional Use Permit to establish Type 21 Alcohol License (Off-Sale General) at an existing convenience store on the property located at 2455 N. Garey Avenue.
EXECUTIVE SUMMARY:
The matter before the City Council is an appeal, by the project applicant, of the Planning Commission decision on Conditional Use Permit No. 18563-2022 (CUP 18563-2022). On December 14, 2022, the Planning Commission (“Commission”) denied the applicant’s request for a Conditional Use Permit to establish a Type 21 Alcohol License (Off-Sale General) at an existing convenience store on the property located at 2455 N. Garey Avenue. On January 3, 2023, the applicant filed an application to appeal the decision of the Commission (Attachment No. 1).
FISCAL IMPACT:
There will be no impact at this time.
PREVIOUS RELATED ACTION:
On December 14, 2022, the Planning Commission held a public hearing concerning the requested Conditional Use Permit (CUP). At this hearing, the Commission made a motion to approve Staff’s recommendation to deny the request for a Conditional Use Permit on a 5-0-2-0 vote. On January 3, 2023, the property owner filed an appeal of the decision of the Planning Commission. The Staff Report with attachments for the Planning Commission meeting for December 14, 2022 has been included for your consideration as Attachment No. 2 as well as the approved Planning Commission Resolution (Attachment No. 3). The action minutes for this meeting have been included as Attachment No. 4.
APPLICABLE CODE SECTION:
Pursuant to Section .580.F of the Pomona Zoning Ordinance, which establishes appeal procedures for Conditional Use Permits, decisions of the Commission may be appealed to the City Council. In addition, the Section .5809.4 – Off-Sale of Alcoholic Beverages, applies to the project.
ENVIRONMENTAL IMPACT:
Pursuant to the Guidelines for Implementation of the California Environmental Quality Act (CEQA), no environmental determination is required for projects that will be rejected or disapproved by a public agency. However, should the proposed project be approved by the City Council, the proposed project meets the criteria for a Class 1, Section 15301 Categorical Exemption (Existing Facilities), pursuant to the CEQA Guidelines.
DISCUSSION:
At the Planning Commission public hearing on December 14, 2022, Staff determined that the introduction of an additional source of off-sale alcohol sales, also known as an alcohol outlet, in the subject area would have negative impacts to public health. Though the proposed establishment is not in an area deemed to have undue concentration according to the guidelines established by the California Department of Alcoholic Beverage Control (ABC), Staff brought forward to Commission a recommendation to deny the request due to the inherent increase in public health risks. The Commission could not make the findings of fact required to approve requests for Conditional Use Permits and found that the addition of an off-sale alcohol outlet would be detrimental to the health, safety, peace, and general welfare of persons in the vicinity and subsequently voted to deny the request on a 5-0-2-0 vote with Commissioners Ontiveros and VanderMolen being absent.
ALTERNATIVE:
The City Council may, through a majority vote, set the matter for public hearing not more than 45 days from the date of a decision to hold a public hearing, at which point the City Council may approve, approve with conditions, or deny the project application, making written findings of fact setting forth findings wherein the requested use meets or fails to meet the qualifications set forth in the Pomona Zoning Ordinance.
Prepared by:
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Alan Fortune
Assistant Planner
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Ata Khan
Planning Manager
ATTACHMENTS:
Attachment No. 1 – Appeal Application and Letter Submitted by Applicant dated January 3, 2023 Attachment No. 2 – Planning Commission Meeting Staff Report (with attachments) for December 14, 2022 Attachment No. 3 – Approved Planning Commission Resolution No. 22-034.
Attachment No. 4 – Approved Planning Commission Meeting Minutes for December 14, 2022 Appeal of Denied CUP No.18563-2022