CC RESOLUTION NO. 2025-52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, DENYING A CONDITIONAL USE PERMIT (CUP-021056-20253) TO CONVERT AN EXISTING TYPE-20 (OFF-SALE – BEER & WINE) ALCOHOL LICENSE TO A TYPE-21 (OFF-SALE GENERAL) ALCOHOL LICENSE ON A PROPERTY LOCATED AT 1175 E. PHILADELPHIA STREET (APN: 8329-004-050) WHEREAS, the applicant, Fakher and Ibrahim Trad, has filed an application for a Conditional Use Permit (CUP-021056-2023) to allow an existing convenience market (“Jake’s Market”) to convert a Type-20 (Off-Sale Beer and Wine) alcohol license to a Type-21 (Off-Sale General) alcohol license on a property located at 1175 E. Philadelphia Street (APN: 8329-004-050); WHEREAS, the subject site is currently located within the “Activity Center District 2” zone of the Pomona Zoning and Development Ordinance (PZO) and SB330 Overlay; WHEREAS, the subject site is currently designated “Activity Center” Place Type as well as “T5” Transect Zone by the City’s General Plan; WHEREAS, pursuant to Section 540.D and Section 1160.D, of the Pomona Zoning and Development Code, which identifies certain land uses, activities, and facilities to obtain a Conditional Use Permit to establish alcohol sales use, approval of the Planning Commission is required to approve a Conditional Use Permit and to impose reasonable conditions upon the approval of the application; WHEREAS, the Planning Commission, after giving notice thereof as required by law, held a public hearing on February 12, 2025, concerning the requested Conditional Use Permit (CUP-021056-2023) and after careful consideration to all pertinent testimony and the staff report offered in the case presented at the public hearing, denied the applicant’s request for the establishment of a Type-21 alcohol license (Off-Sale General) on a 4-2-0-0 vote; WHEREAS, on March 3, 2025, the applicant, Fakher Trad, submitted an application to appeal the denial decision of the Planning Commission for Conditional Use Permit (CUP-021056-2023) to establish a Type 21 Alcohol License (Off-Sale General) at an existing convenience store on a property located at 1175 E. Philadelphia Street; WHEREAS, the City Council has, after giving notice thereof as required by law, held a public hearing on April 21, 2025, to consider the appeal of the denial of Conditional Use Permit (CUP-021056-2023); WHEREAS, the City Council 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 City Council of the City of Pomona, California:
SECTION 1. The City Council exercising their independent judgement has determined that pursuant to the Guidelines for Implementation of the California Environmental Quality Act (CEQA), which the project is Categorically Exempt under Article 19, Section 15301 “Existing Facilities”, as the project involves no expansion of the existing use.
SECTION 2. 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 3. In accordance with Section 1130.C.2 of the Zoning Ordinance, the City Council must make findings in order to approve Conditional Use Permit (CUP-021056-2023). 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 establishment, maintenance, and operation of the proposed use at the proposed location would not be detrimental or injurious to property and improvements within the vicinity, nor would it be detrimental to the health, safety, or general welfare of persons residing or working in the surrounding neighborhood.
The subject site is located immediately adjacent to a residential neighborhood and nearby sensitive uses, such as schools and parks. The surrounding area has undue concentration of off-sale licenses and is within a high-crime police reporting district. An increase in the sale of alcohol, due to the change in license type, would provide a greater likelihood of alcohol related crimes and alcohol related health issues increasing. Therefore, the request for a license conversion to Type-21 would be detrimental to the health, safety, or general welfare of persons residing or working in the surrounding neighborhood.
The establishment, maintenance, and operation of the proposed use at the proposed location would not create cumulative impacts that are detrimental or injurious to property and improvements within the vicinity, nor would it be detrimental to the health, safety, or general welfare of persons residing or working in the surrounding neighborhood.
The request would be detrimental to the health, safety, or general welfare of persons residing or working in the surrounding neighborhood. The existing convenience market is located in an area with undue concentration of off-sale licenses and is within a high-crime police reporting district. An increase in the sale of alcohol, due to the change in license type, would provide a greater likelihood of alcohol related crimes and alcohol related health issues increasing, which would increase the cumulative impact on the surrounding area. Therefore, the introduction of another off-sale license to this area would create cumulative impacts for the abutting neighborhood.
SECTION 4. Based upon the above findings, the City Council hereby denies the Conditional Use Permit (CUP-021056-2023).
SECTION 5. The Secretary shall certify to the adoption of this Resolution and forward the original to the City Clerk.
PASSED, APPROVED AND ADOPTED this 21ST day of April, 2025.
CITY OF POMONA:
Tim Sandoval
Mayor
APPROVED AS TO FORM: ATTEST:
Sonia Carvalho Rosalia A. Butler, MMC
City Attorney City Clerk
I, HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Pomona at a regular meeting thereof held on April 21, 2025 by the following vote of the Council:
AYES: NOES: ABSTAIN: ABSENT:
Rosalia A. Butler, MMC
City Clerk
Resolution No. 2025-52
April 21, 2025
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Resolution No. 2025-52
April 21, 2025
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Attachment No. 1