City of Pomona
PLANNING COMMISSION STAFF REPORT
D E V E L O P M E N T S E R V I C E S | P L A N N I N G D I V I S I O N
C I T Y O F P O M O N A
5 0 5 S O U T H G A R E Y A V E N U E , P O M O N A , C A 9 1 7 6 6
February 12, 2025
FILE NO: CONDITIONAL USE PERMIT – CUP-021056-2023
A request to update an existing Type-20 Off-Sale Beer & Wine License to a Type- 21 Off-Sale General at an existing market known as “Jake’s Market”
ADDRESS: 1175 E. Philadelphia (APN: 8329-004-050)
APPLICANT: Fakher and Ibrahim Trad for Jake’s Market, INC.
PROJECT PLANNER: Karina Diaz, Assistant Planner
ENVIRONMENTAL
REVIEW:
This project is exempt for the California Environmental Quality Act (CEQA) pursuant to Section 15301 Existing Facilities.
STAFF
RECOMMENDATION:
Approve File No . CUP-021056-2023 and adopt Draft Resolution No. 25-002 (Attachment 1).
Project Information:
GENERAL PLAN
DISTRICT:
Activity Center
ZONING: ACD2 [MB1-SH1-CX4]
TRANSECT: T5 OVERLAY(S): N/A
GENERAL PLAN
DENSITY:
80 DU/AC CURRENT
LAND USES:
Convenience Market
Project Summary:
The applicant(s), Fakher and Ibrahim Trad , are requesting to update an existing Type -20 Off-Sale Beer & Wine alcohol license to a Type-21 Off-Sale General alcohol license at an existing convenience market (Jake’s Market). A Conditional Use Permit (CUP) is required in order to approve the proposed off-sale alcohol use.
The applicant canvassed and obtained signatures in support of the request for this CUP (Attachment 5).
Site History:
General Location
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The subject site consists of a s ingle parcel approximately 0.2 5 acres in size. There is a one-story building constructed in 1965 totaling 2,340 square feet on site. This parcel is located approximately 130 feet west of the intersection at South Reservoir Street and East Philadelphia Street.
Table 1: Adjacent Land Uses and Current Zoning Designations
Zoning
Existing Use(s)
Subject Site Activity Center District 2
Commercial and Residential
North Activity Center District 1
Activity Center District 2
Commercial and Residential
South Activity Center District 2
Residential Neighborhood District 1
Neighborhood Edge District 4
Commercial and Residential
West Activity Center District 1
Residential District 1
Commercial and Residential
East Activity Center District 2
Workplace District 1
Commercial and Light Industrial
Land Use History and Existing Entitlements:
Pomona business license and land use records indicate the site has operated as a small-scale market since 1992. Building and Safety permit history provided the original Certificate of Occupancy for the building, classifying the structure as a grocery market in 1966. The current operator and owner, Jake’s Market, has an active business license that has been open since 2006.
In 2007, the Planning Commission (PC) denied Resolution No. 07-091 for CUP 06-032, requesting to upgrade an existing Off -Sale Beer and Wine license (Type 20) to an Off -Sale General alcohol license (Type 21) for Jake’s Market. Planning Commission denied the request for a license upgrade under the basis that allowing a hard liquor license in this location may contribute to higher crime in the area and over concern for the immediate residences in the area. The motion to deny passe d with a 5 -1 vote from the commission (Attachment 2). Post hearing, the applicant, Ibrahim Trad, appealed Planning Commission’s decision to deny the Conditional use Permit request for a license upgrade.
In 2008, City Council upheld Planning Commission’s decision to deny the license type upgrade for CUP 06 - 032 with a 6-1 vote from the council. Decision for denial is outlined in Resolution No. 2008-11 (Attachment 3).
Land Use Violations:
There are no active records of Code Compliance violations with the current operator or maintenance of the property.
Staff Analysis:
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Proposed Operations
1. Days and Hours of Operation: Mondays thru Sundays, from 7:00 AM to 11:00 PM
2. Number of Employees: 5
3. Number of On-Site Parking: 10 vehicle parking stalls
4. Exterior Modifications: There are no exterior modifications being considered as part of this request.
5. Interior Modifications: Installation of a liquor shelf display of distilled spirits behind the existing cash register counter. The proposed shelf will not require a building permit.
ABC Concentration
The California Department of Alcoholic Beverage Control (ABC) defines undue concentration as either one of the following:
1. If the number of available licenses in the designated census tract is exceeded.
2. Or if the crime-reporting district is designated as “high crime” by PD crime data.
The threshold for number of licenses is based on a ratio of the number of alcohol licenses to population within the Census Tract, in relation to the Los Angeles County average. According to the guidelines established by ABC, a total of two (2) on-sale licenses are authorized in the subject Census Tract No. 4029.03 before the tract is deemed to have undue concentration. Nearby Census Tract 4029.04 is also included in the analysis below.
Table 2: ABC Data on Off-Sale Alcohol Licenses in Census Tracts
Census Tract
Off-Sale Permitted
Type 20
Off-Sale Existing
Type 21
Off-Sale Existing
4029.03
(Subject Tract)
2 6
0 4029.04
2 1
0 Based on the data provided by ABC, the project site is located in a census tract that has undue concentration, because the number of off-sale license types exceeds the amount of license types permitted by four (4).
Crime Statistics
The threshold for designating a “high crime” district is 132 crimes or above for 2024. The subject site is located in Police Reporting District No. 87, which recorded a total of 146 crimes including Group A offenses F E B R U A R Y 1 2 , 2 0 2 5 P L A N N I N G C O M M I S S I O N S T A F F R E P O R T C U P - 021056 - 2023
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and Group B a rrests. The designation of the reporting di strict as hig h crime, also indicates undue concentration at the subject site . Included in Table 3 are the PD crime stats for the subject district and adjacent districts.
Table 3: Police Reporting District Data (2024)
Census Tract
Police Reporting District
Group A & B Crimes
Adjacent Census Tract 4029.02 84* 298
Adjacent Census Tract 4029.02 85* 366
Subject Census Tract 4029.03
86 99
Subject Census Tract 4029.03
(Subject District)
87*
146
*Indicates “High Crime” Reporting District
Public Convenience and Necessity (PCN)
If Planning Commission approves the Conditional Use Permit request, a Public Convenience Necessity approval from City Council will be required, since the upgrade from a Type-20 to a Type-21 license will not meet the maximum two (2) licenses for this census tract and the respective police-reporting district is designated high-crime.
Applicable Standards
Section 540.D.2.a – Alcohol, All
The applicant shall be conditioned to comply with all applicable standards noted below.
1. Promotion
i. All exterior signage of any kind including interior window signage, which advertises the sale or availability of alcohol, is prohibited.
ii. The display or sale of alcohol must not be made from an ice tub. iii. Storefront windows must be kept clear at all time from paper, paint, cardboard, or any other material used for signage.
iv. All exterior windows must be clear glass with no tinting or window coverings either interior or exterior.
2. Training
i. All employees wh o sell alcoholic beverages must complete a training program in alcoholic beverage compliance, crime prevention techniques and the handling of violence.
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ii. All new employees must complete the “Licensee Education on Alcohol and Drugs” training that is provided by the California Department of Alcohol and Beverage Control (ABC) or equivalent responsible beverage service program within 30 days of hire.
3. Site
i. Loitering or panhandling on the premises is prohibited. ii. Overnight parking of vehicles, including recreational vehicles (RVs) on the premises is prohibited.
iii. Signs prohibiting overnight parking must be placed throughout the parking lot area. iv. Vending machines of any kind must not be installed outdoors within the project site. v. Pay telephones must not be installed within the enclosed portion of the premises equipped to receive incoming calls.
vi. New payphones of any kind must be not be installed on the exterior of the premises.
4. Security
i. Designated areas of storage beer and wine must be equipped with a locking mechanism. ii. Interior and exterior video surveillance equipment must be provided with signage advising customers that video recording devices are in use.
a. Recordings must be digital and recorded in high -definition, kept a minimum of 90 days and must record all activity on surrounding public rights -of-way as well as the subject site.
b. Prior to installation of the video surveillance equipment, a video surveillance plan must be approved by the Pomona Police Department.
5. Police and City Contact
i. All crimes occurring inside and outside of the location must be reported to the Police Department at the time of the occurrence.
ii. At any time when the licensee is absent from the premises, a responsible party must be designated who can respond to any inquiries from City officials. iii. The establishment must provide a list annually of no less than 3 employees, who can be contacted 24 hours a day, to the Pomona Police Department’s Records Bureau. The list of names will be used to facilitate a Police response to the location in the event of an emergency or other problem that requires entry into the location during non-business hours.
6. Noise
The establishment must provide a list annually of no less than 3 employees, who can be contacted 24 hours a day, to the Pomona Police Department’s Records Bureau. The list of names will be used to facilitate a Police response to the location in the event of an emergency or other problem that requires entry into the location during non-business hours.
Section 540.D.2.b – Alcohol, Off-Sale
The applicant shall be conditioned to comply with all applicable standards noted below.
1. Required Liquor License
The establishment must maintain an active Type-21 Off-Sale General license, issued by the California Department of Alcohol Beverage Council (ABC), and comply with all relevant State and local state F E B R U A R Y 1 2 , 2 0 2 5 P L A N N I N G C O M M I S S I O N S T A F F R E P O R T C U P - 021056 - 2023
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laws pertaining to the sale and consumption of alcohol.
2. Hours
The establishment must only sell alcohol under the Type-21 Off-Sale General license during the hours permitted by ABC.
3. Off-Sale Type
i. There must be no beer sold in less than 3-pack quantities. ii. The sale of individual cans, bottles, or tapped/keg containers is prohibited. iii. Beer or wine must not be sold in containers less than 750mL, unless sold by 4-pack or other manufacturers’ prepackaged multi-unit quantities.
iv. The quarterly gross sales of alcoholic beverages must not exceed the gross sales of the convenience market in the same period.
v. The applicant or other person issued an ABC license for the Premises (“Licensee”) must at all times maintain records which reflect separately the gross sales of the convenience market and the gross sales of alcoholic beverages of the licensed business. These records must be kept on a quarterly basis, and must be provided to City officials upon request.
Required Findings:
Section 1160.D.4 – Findings and Decisions. A CUP must be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Division’s written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application may be approved if all of the following findings are made.
1. Land Use Scale & Intensity. The scale and intensity of the proposed use would be consistent with the scale and intensity of land uses intended for the particular zoning district or use module as indicated in the General Plan.
The site is located within the Activity Center District 2 (ACD2 ) zoning district. This particular zoning district calls for mid-rise buildings, located closer to the street with active ground stories.
The ACD2 designation intends for primarily residential and commercial uses. In alignment with the Zoning and Development Code, the General Plan identifies this site as part of a healthy distribution of retail activity that does not adversely compete with other designated Activity Centers in the City.
The propose d project is requesting to upgrade an existing alcohol licens e for a convenience market that obtained their Certificate of Occupancy with Building & Safety in 1966 an d is currently in operation . This existing market provides a convenient location for the off -sale of general alcoholic beverages, including beer and wine, with incidental items, such as food and snacks, nonalcoholic beverages, and household supplies. The sale of alcohol will be incidental to the primary use, which is a small-scale convenience market. Furthermore, the alcohol license upgrade to the services provided will help ensure the economic viability of the market, thus increasing the likelihood that the business will continue operating with the same use and is consistent with the scale and intensity of land uses for the ACD2 zoning district.
2. General Plan Consistency. The proposed use at the proposed location, and the manner in which it F E B R U A R Y 1 2 , 2 0 2 5 P L A N N I N G C O M M I S S I O N S T A F F R E P O R T C U P - 021056 - 2023
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will be operated and maintained, is consistent with the goals, policies, plans and exhibits of the General Plan.
General Plan Policy 7A.G2: Promote a balanced mix of uses throughout the City that can be a part of an integrated and sustainable local economy that supports harmonious diversity and economic prosperity.
The project site is surrounded by different commercial uses, such as a gas station to the east, a drive-in convenience store to the west, and a commercial shopping center to the south. Upgrading the license for this existing establishment will allow for the retention of mixed commercial uses within this tract . ABC records indicates only Type-20 licenses have been issued for businesses in the subject census tract and adjacent tract . E stablishing a Type -21 license will allow this convenience market to continue operating at the subject site, contribute to the local economy, and allow for a mix of uses along Philadelphia Street.
General Plan Policy 7B.G10: Encourage expansion of existing businesses and extend efforts at business retention.
The project goal of updating an existing Type -20 license to a Type -21 license will assi st the vitality of the existing convenie nce store. There are a total of zero (0) Type -21 licenses issued and a total of seven (7) Type -20 licenses issued for existing establishments within the subject and surrounding census tracts. A Type -21 license upgrade will allow the applicant to continue operating within the City of Pomona, therefore, meeting general plan policy to extend efforts for business retention and growth.
3. Zoning and Development Code Consistency. The proposed use at the proposed location, and the manner in which it will be operated and maintained, is consistent with the objectives and requirements of this Zoning and Development Code and any applicable specific plan.
The property is designated as the ACD2 zoning district in the Pomona Zoning Ordinance.
Convenience markets are permitted by right und er the CX4 use module, therefore the existing business is a permitted use . Additionally, the subject site complies with parking requirements and maximum gross square footage requirements for general commercial uses within the CX4 module. Off-sale alcohol sales are conditionally permitted with an approved Conditional Use Permit (CUP). The subjec t site does not have an existing CUP associated with alcohol sales; however, California Department of Alcoholic Beverage Control (ABC) licensing records indicate there has been a valid Type-20 license established at this site, which dates back to 1984. This ABC license allows for the off-sale alcohol use at the subject property, since it is a continuation of an existing use with a valid license. Therefore, the proposed request for a license upgrade is consistent with the objectives and requirements outlined in the Pomona Zoning Ordinance.
4. Health, Safety, & General Welfare. 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 wou ld it be detrimental to the health, safety, or general welfare of persons residing or working in the surrounding neighborhood.
The proposed request is a modification of an existing off -sale alcoho l license at an existing convenience market. There are no present Code Compliance land use violations for the subject property. The site operations have been maintained since 2006 with minor modifications, such as re-stuccoing of building façade s, changes to existing signage, installation of landscaping, and F E B R U A R Y 1 2 , 2 0 2 5 P L A N N I N G C O M M I S S I O N S T A F F R E P O R T C U P - 021056 - 2023
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repairs to existing fascia boards. The proposed modification of the off-sale alcohol license will be required to comply with applicable alcohol sales standards that will help to ensure impacts to the surrounding neighborhood are limited. Therefore, the propose d request would not be detrimental to the health, safety, or general welfare to the surrounding neighborhood or residents.
5. Cumulative Impacts. The establishment, maintenance, and operation of the proposed use at the proposed location would not create cumu lative 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 property is designated as the ACD2 zoning district. The existing convenience market and off- sale a lcohol uses are permitted in th e ACD2 zone district . The proposed modification to the existing off-sale alcohol use will be subject to standards to ensure impacts to the surrounding neighborhood and resident are limited. As such, the proposed modification to the off-sale alcohol use would not create cumulative impacts that are detrimental or injurious to property and improvements within the vicinity, nor would it be detrim ental to the health, safety, or general welfare of persons residing or working in the surrounding neighborhood.
Conditions of Approval:
The Conditions of Approval are contained in the attached resolution (Attachment 1).
Attachments:
1. Draft Resolution No. 25-002
2. PC Denial Resolution No. 07-091
3. CC Denial Resolution No. 2008-011
4. Project Plans
5. Signatures for Petition
6. Public Hearing Notice & Radius Map
PC RESOLUTION NO. 25-002
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
POMONA, CALIFORNIA APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE CONVERSION OF 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: 8329004050)
WHEREAS, the applicant, Fadker and Iran Trad , Jake’s Market, INC. , has filed an application fo r a Conditional Use Permit (CUP -021056-2023) to allow the market (“Jake’s Market”) to convert an existing Type-20 License (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;
WHEREAS, pursuant to Section 520 . and Section 1160.D, of the Pomona Zoning and Development Code, which identifie s certain land uses, activities, and facilities to obtain a Conditional Use Permit to establish alcohol sales use ; approval of the P lanning Commission is required to approve a Conditional Use Permit and to impose reasonable conditions upon the approval of the application;
WHEREAS, the Planning Commission of the City of Pomona has, after giving public notice, thereof as required by law, held a public heari ng on February 12, 2025 , concerning the requested Conditional Use Permit (CUP-021056-2023); and
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
WHEREAS, the Planning Commission has carefully cons idered all pertinent testimony and the staff report offered in the case as presented at the public hearing.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Pomona, California:
SECTION 1 . The Planning Commission exercising their independent judgement has determined that pursuant to the Guidelines for Implementation of the Califor nia 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 resoluti on 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 1160.D. of the Pomona Zoning and Development Code, a Conditional Use Permit must be acted upon by the Planning Commission based upon the
information provided in the submitted application, evidence presented in the Planning Division’s written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below -listed findings, and giving supporting r easons for each finding. The application may be approved if all of the following findings are made. Based on consideration of the whole record before it, including but not limited to, public testimony received at the public hearing on this matter, and evid ence made part of the public record, the Planning Commission hereby finds as follows:
A. The scale and intensity of the proposed use would be consistent with the scale and intensity of land uses intended for the particular zoning district or use module as indicated in the General Plan.
The site is located within the Activity Center District 2 (ACD2) zoning district. This particular zoning district calls for mid-rise buildings, located closer to the street with active ground stories. The ACD2 designation in tends for primarily residential and commercial uses. In alignment with the Zoning and Development Code, the General Plan identifies this site as part of a healthy distribution of retail activity that does not adversely compete with other designated Activity Centers in the City.
The proposed project is requesting to upgrade an existing alcohol license for a convenience market that obtained their Certificate of Occupancy with Building & Safety in 1966 and is currently in operation. This existing market provides a convenient location for the off-sale of general alcoholic beverages, including beer and wine, with incidental items, such as food and snacks, nonalcoholic beverages, and household supplies. The sale of alcohol will be incidental to the primary small -scale, convenience market, use. Furthermore, the alcohol license upgrade to the services provided will help ensure the economic viability of the market, thus increasing the likelihood that the business will continue operating with the same use and is cons istent with the scale and intensity of land uses for the ACD2 zoning district.
B. The proposed use at the proposed location, and the manner in which it will be operated and maintained, is consistent with the goals, policies, plans and exhibits of the General Plan.
General Plan Policy 7A.G2: Promote a balanced mix of uses throughout the City that can be a part of an integrated and sustainable local economy that supports harmonious diversity and economic prosperity.
The project site is surrounded by different commercial uses, such as a gas station to the east, a drive -in convenience store to the west, and a commercial shopping center to the south. Upgrading the license for this existing establishment will allow for the retention of mixed commercial uses within this tract. ABC records indicates surrounding businesses all have Type-20 licenses within the subject census tract and adjacent tract. There are no businesses in the surrounding area approved for a Type-21 license. Therefore, establishing a Type-21 license will allow this convenience market to continue operating at the subject site, contribute to the local economy, and allow for a mix of uses along Philadelphia Street.
General Plan Policy 7B.G10: Encourage expansion of existing businesses and extend efforts at business retention.
The project goal of updating an existing Type -20 license to a Type -21 license will assist the vitality of the existing convenience store. There are a total of zero (0) Type-21 licenses issued and a total of seven (7) Type -20 licenses issued for existing establishments within the subject and surrounding census tracts. A Type -21 license upgrade will allow the applicant to continue operating within the City of Pomona, therefore, meeting general plan policy to extend efforts for business retention and growth.
C. That the site for the proposed use is of adequate topography, size, and shape to accommodate said use, as well as all yards, spaces, walls, fences, parking, loading, landscaping, and any other features necessary to allow said use in the neighborhood.
Building and Safety records indicate there was Certificate of Occupancy issued for this site in 1966 for a market, therefore the existing convenience market is a continuation of an established use. No record of an approved conditional use permit for the Type-20 off-sale license was found in the city archives; however, the California Department of Beverage and Alcohol records show issuance of previous Type -20 alcohol licenses, dating back to 1984, for the subject site. The exis ting structure is approximately +/- 2,340 square feet of interior floor area and will have a liquor shelf behind the existing cash register counter to display liquor. There is an existing exterior surface parking lot with 10 parking spaces at this property, which is in compliance with the parking standards outlined in the Pomona Zoning Ordinance.
D. The proposed use at the proposed location, and the manner in which it will be operated and maintained, is consistent with the objectives and requirements of this Zoning and Development Code and any applicable specific plan.
The property is designated as the ACD2 zoning district in the Pomona Zoning Ordinance.
Convenience markets are permitted by right under the CX4 use module, therefore the existing business is a permitted use. Additionally, the subject site complies with parking requirements and maximum gross square footage requirements for general commercial uses within the CX4 module. Off -sale alcohol sales are conditionally permitted with an approved Conditional Use Permit (CUP). The subject site does not have an existing CUP associated with alcohol sales; however, California Department of Alcoholic Beverage Control (ABC) licensing records indicate there has been a valid Type -20 license established at this site, which dates back to 1984. This ABC license allows for the off-sale alcohol use at the subject property, since it is a continuation of an existing use with a valid license. Therefore, the proposed request for a license upgrade is consistent with the objectives and requirements outlined in the Pomona Zoning Ordinance.
E. 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 proposed request is a modification of an existing off-sale alcohol license at an existing convenience market. There are no present Code Compliance land use violations for the subject property. The site operations have been maintained since 2006 with minor modifications, such as re -stuccoing of building façades, changes to existing signage, installation of landscaping, and repa irs to existing fascia boards. The proposed modification of the off -sale alcohol license will be required to comply with applicable alcohol sales standards that will help to ensure impacts to the surrounding neighborhood are limited. Therefore, the proposed request would not be detrimental to the health, safety, or general welfare to the surrounding neighborhood or residents.
F. 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 property is designated as the ACD2 zon ing district. The existing convenience market and off -sale alcohol uses are permitted in the ACD2 zone district. The proposed modification to the existing off -sale alcohol use will be subject to standards to ensure impacts to the surrounding neighborhood a nd resident are limited. As such, the proposed modification to the off -sale alcohol use 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, safet y, or general welfare of persons residing or working in the surrounding neighborhood.
SECTION 4. Based upon the above findings, the Planning Commission hereby approves Conditional Use Permit ( CUP-021056-2023) subject to compliance with all applicable laws and ordinances of the City as well as the addition of the following conditions, violations of which (or failure to complete any of which) shall constitute grounds for revocation of the conditional use permit or any portion thereof:
PLANNING DIVISION
General Conditions
1. Approved Project Plans. The subject property shall be used in a manner consistent with the project plans reviewed and approved by the Planning Commission on February 12, 2025, and as illustrated in the stamped approved plans. Any major mod ifications to the approved project plans shall be reviewed and approved by the Planning Commission as part of a modification to the approved plans. Any minor modification that do not affect the overall intent of the approved project, may be reviewed and approved by the Planning Manager.
2. Approval Period. This approval shall lapse and become void if the privilege authorized is not utilized within one (1) year from the date of this approval ( February 12, 2026 ), in accordance with Pomona Zoning and Development Code Section 1160.D. The Planning Commission may extend this period for one (1) year upon receipt of an application for a
Time Extension request submitted by the applicant at least thirty days before the expiration date of this approval.
3. Appeal Period. The project is subject to a twenty (20) day appeal period. Written appeals may be filed with the City Clerk within twenty days by one or more City Council members, the applicant, or any person owning property within four hundred feet of the exterior boundary of the applicant’s property. The appeal shall be filed with the City Clerk within twenty days from the date of action by the Planning Commission.
4. Conditional Use Permit Inspection. Within six months from the date of approval (August 12, 2025) , Applicant shall file for a Conditional Use Permit Inspection application and pay applicable fees. The Development Services Director , or their designee, shall conduct an inspection of the proposed operation, at any such time deemed necessary, and review any complaints received on the property. The Director shall determine if the applicant is satisfactorily in compliance against all conditions of approval identified in this Resolution. The Development Services Director may, at their discretion, pass or fail a n inspection. If noncompliance is determined, the Director may schedule the matter for review by Planning Commission to consider bringing revocation proceedings. Applicant shall file for subsequent Conditional Use Permit Inspection Requests on an annual basis (starting February 12, 2026).
5. Indemnification. The applicant shall indemnify, protect, defend, and hold harmless, the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, from any and all claims, demands, law suits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to arbitrations, mediations, and other such procedures), (collectively "Actions"), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set asid e, void, or annul, the any action of, or any permit or approval issued by, the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City), for or concerning the project, whether such Actions are brought under the California Environmental Quality Act, the Planning and Zoning Law, the Subdivisions Map Act, Code of Civil Procedure Section 1085 or 1094.5, or any other state, federal, or local statute, law, ordinance, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that applicant shall reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the applicant of any Action brought and City shall cooperate with applicant in the defense of the Action.
6. Violations. In case of violation of any of the conditions of approval and/or City law, the property owner and tenant will be issued a Notice of Correction. If said violation is not remedied within a reasonable period of time and/or a s ubsequent violation of the conditions of approval and/or City law occurs within ninety (90) days of any Notice of Correction, the property owner shall be held responsible to reimburse the City for all staff time directly attributable to enforcement of the conditions of approval and/or City law,
including, but not limited to, revocation of the herein Conditional Use Permit.
7. Graffiti. The property owner shall remove any graffiti on the project site within 24 hours of discovery. The paint utilized to cover the graffiti must substantially match the existing structure. In the event that the paint finish of the abated areas is noticeable distinguishable from the rest of the structure, the property owner shall paint portion of the building to minimize the disparity, subject to the approval of the Planning Manager. Original surface materials installed and designed to not accept paint material such as stone, metal, brick, faux stone, veneers, etc. shall be restored to original finish with methods accepted and agreed to by the Planning Manager.
8. Temporary Signage. No temporary signs related to any activity on the premise shall be placed or allowed to remain within landscape areas, public right-of-way areas adjacent to the subject site (e.g. telephone poles, traffic sig ns, and city trees) or other portion on the exterior of the building. The only temporary signs allowed shall be properly permitted banners signs by permit per the City’s sign ordinance. Signs placed in any window of the premises shall comply with the City’s sign ordinance, and all other conditions under this Conditional Use Permit.
9. Property Maintenance. The property owner shall provide regular maintenance and cleaning of all exterior walkways, patios, sidewalks, and landscaped parkways in compliance with Pomona City Code 62-351 et seq.
10. Lighting. There shall be adequate lighting around the property at all times (minimum of 1-foot candle). This shall be done in such a fashion that persons standing outdoors at night are easily identifiable by law enforcement personnel. Lighting shall be screened so that no spillover occurs on the adjacent properties.
11. Zoning Clearance. Before issuance of a zoning clearance and business license, the applicant and any successor in interest shall sign a certificate of compliance stating that:
a. They have read and understand all the conditions of approval applicable to their project;
b. That they are familiar with the daily operations of the use; and c. That the use will operate in compliance with the conditions of approval.
Alcohol Related Conditions
1. Conditional Use Permit. This Conditional Use Permit authorizes off -sale alcohol uses in conformance with the site plan approved with this resolution. Alcohol may be stored and displayed within approved interior floor plan approved by the Planning Commission for exclusive use by applicant.
2. State Law. The use of this Conditional Use Permit shall at all times comply with all relevant State and local laws pertaining to the sale and consumption of alcohol. The sale of beer, wine, and spirits for consumption on the premises is prohibited.
3. Hours. The establishment must only sell alcohol under a Type -21 license type during the hours permitted by the California Department of Alcoholic Beverage Control (ABC).
4. Alcohol Off-sale Restrictions.
a. There must be no beer sold in less than three (3) quantities. b. The sale of individual cans, bottles, or tapped/keg containers is prohibited. c. Beer or wine must not be sold in containers less than 750mL, unless sold by four (4) pack or other manufacturers’ prepackaged multi-unit quantities. d. The quarterly gross sales of alcoholic beverages must not exceed the gross sales of the convenience market in the same period.
e. The applicant or other person issued an ABC license for the Premises (“licensee”) must at al l times maintain records which reflect separately the gross sales of the convenience market and the gross sales of alcoholic beverages of the licensed business. These records must be kept on a quarterly basis, and must be provided to City officials upon request.
5. Promotion.
a. No display or sale of alcohol shall be made from an ice tub. Storefront windows shall be kept clear of at all times from paper, paint, cardboard or any other material used for signage.
b. All exterior windows shall be clear glass with no tinting or window coverings either interior or exterior.
c. All interior window signage and exterior signage of any kind, which advertises the sale or availability of alcohol, shall be prohibited.
d. There shall be no stacking of beer, wine, or spirits in the aisles.
6. Training.
a. The employees who sell alcoholic beverages shall be required to complete a training program in alcoholic beverage compliance, crime prevention techniques and the handling of violence.
b. All new employees shall be required to complete “Licensee Education on Alcohol and Drugs” training that is provided by the California Department of Alcohol and Beverage Control or equivalent responsible beverage service program within thirty (30) days of hire.
7. Site.
a. Loitering or panhandling on the premises shall be prohibited. b. Overnight parking of vehicles, including recreational vehicles (R.V.’s) on the premises shall be prohibited.
c. Signs prohibiting overnight parking shall be placed throughout the parking lot area. d. No vending machines of any kind shall be installed outdoors within the project site. e. There shall be no pay telephones installed within the enclosed portion of the premises equipped to receive incoming calls.
f. There shall be no new payphones of any kind installed on the exterior of the premises.
8. Security.
a. Designated areas for storage of beer, wine, and spirits shall be equipped with a locking mechanism.
b. Interior and exterior site video surveillance equipment shall be provided with signage advising customers that video recording devices are in use. c. Recordings shall be digital and recorded in high -definition, kept a minimum of ninety (90) days and shall re cord all activity on surrounding public right -of-ways as well as the subject site.
d. Prior to installation of the video surveillance equipment, a video surveillance plan shall be submitted for review and the privileges afforded under this resolution shall not be enjoyed prior to approval of such video surveillance plan by the Pomona Police Department.
9. Police and City Contact.
a. All crimes occurring inside and outside of the location shall be reported to the Police Department at the time of the occurrence.
b. At any time when the licensee is absent from the premises, a responsible party shall be designated who can respond to any inquiries from City officials. c. The business shall provide a list annually of no less than three employees who can be contacted twenty-four hours a day, to the Pomona Police Department’s Records Bureau. The list of names will be used to facilitate a Police response to the location in the event of an emergency or other problem that requires entry into the location during non-business hours.
10. Noise. There shall be no activity conducted on the subject site that exceeds the noise and vibration parameters of Pomona City Code Section 18 -301, et seq. , and City Council Ordinance No. 3939 at any time, or such other ordinance enacted related to n oise and vibration.
11. Minor Decoy. At no time shall this permit be exercised to sell alcohol to any minor at any time. The City shall, at any time of its choosing, conduct a Minor Decoy Operation to determine whether the sale of alcohol to minors is occurri ng. If the sale of alcohol to a minor is observed during the course of this operation, it shall be considered an exercise of the Conditional Use Permit that is contrary to the conditions of approval, and in violation of State law; furthermore, it shall be considered an exercise of the permit that is detrimental to the public health and safety of the community, and a nuisance.
SECTION 5. The Secretary shall certify to the adoption of this Resolution and forward the original to the City Clerk.
APPROVED AND PASSED THIS 12th DAY OF February 12, 2025
ALFREDO CAMACHO
PLANNING COMMISSION
CHAIRPERSON
ATTEST:
Geoffrey Starns, AICP, AIA, LEED AP
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:
"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."
No. Description Date
SK - 1
Jakes Market Floor Plan
Date: March 2022
Jakes Market
1175 Philadelphia St
Pomona, CA 91766
Scale 1/8" = 1'-0"
Construction Type:
Type III Construction - Ordinary
Maximum Occupancy: 40
1/8" = 1'-0"1 Level 1
53'
45'
25'06"
16'
3'
5'
5'
5'
5 4'
13'06"
11'05"
8'04"
25'03"
2'06"
22'
11'
26'
COOLER
COOLER
COOLER
STORAGE
STORAGE
STORAGE
20'
16'
16'
ICE
BOX
RACK
RACK
RACK
RACK
RACK
RACK
RACK
RACK
RACK
RACK
FTC
FTC
FTC
RACK
RACK
SHELVES
SHELF
SHELF
SHELF
RACK
RACK
DISP.
SHELVES
SHELVES
SALES AREA
CASHIER
STORAGE
LOTTO
RACK
RACK
RACK
RACK
DISP.
DISP.
DISP.
New 1'06"
Liquor Shelf
DECLARATION OF MAILING
I, Miroslava PourSanae, say that on the 30th of January, 2025 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: 1175 E. Philadelphia Street (APN: 8329-004-050)
Project: CUP 021056-2023
Meeting Date: February 12, 2025
I declare, under penalty of perjury, that the foregoing is true and correct.
____________________________________________
Executed at Pomona, California on January 30, 2025