PC RESOLUTION NO. 25-002
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF POMONA, CALIFORNIA DENYING 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, Fakher and Ibrahim Trad, has filed an application for 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 540. 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 of the City of Pomona has, after giving public 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, 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 considered 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 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 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 reasons 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 evidence made part of the public record, the Planning Commission 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 upgrade will 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 will be detrimental to the health, safety, or general welfare of persons residing or working in the surrounding neighborhood. The existing convenience market 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 Planning Commission hereby denies 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.
APPROVED AND PASSED THIS 12th DAY OF FEBRUARY, 2025
MARCOS MOLINA
PLANNING COMMISSION CHAIRPERSON
ATTEST:
GEOFFERY 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: Martin-Marshall, Camacho, Molina, VanderMolen, Beans.
NOES: Rodriguez, Ontiveros.
ABSTAIN: None.
ABSENT: None.
"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. 25-002
CUP-021056-2023
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Attachment No. 5