1175 E. Philadelphia Street
Appeal of Planning Commission Denial Decision to City Council Conditional Use Permit (CUP-021056-2023)
Applicant: Fakher and Ibrahim Trad
Case Planner: Karina Diaz
Attachment No. 7
Request
Conditional Use Permit (CUP-021056-2023)
Request to uphold Planning Commission’s decision and deny Conditional Use Permit (CUP-021056-2023) for an alcohol license conversion from a Type-20 (Off-Sale Beer and Wine) to a Type-21 (Off-Sale General Liquor Sales).
Located +/- 130 feet west of the intersection at S. Reservoir Street and E. Philadelphia Street Site is approximately 11,061 square feet in size
Council District 3 (Nora Garcia)
Zoning: Activity Center District 2 (ACD2)
General Plan – Activity Center
Location
Subject Site
N
Previous Action
On December 12, 2007, at its regularly scheduled meeting, the Planning Commission held a public hearing and denied a Conditional Use Permit (CUP 06-032) request for an alcohol license conversion. This was a request to convert an existing Off-Sale Beer and Wine license (Type-20) to an Off-Sale General alcohol license (Type-21) for Jake’s Market. The request was denied on a 5-0-0-1 vote, per Planning Commission Resolution No. 07-091.
On February 4, 2008, the applicant, Ibrahim Trad, filed an appeal for Planning Commission’s decision for the request to convert the existing alcohol license with a Type-21 Off-Sale General alcohol license. City Council upheld Planning Commission’s decision on a 6-0-1-0 vote and denied Conditional Use Permit (CUP 06-032), per City Council Resolution No. 2008-11.
On February 12, 2025, at its regularly scheduled meeting, the Planning Commission held a public hearing and denied a Conditional Use Permit request for an alcohol license conversion from a Type-20 “Beer and Wine” to a Type-21 “General Off-sale”. During the hearing, Planning Commission voiced their concerns on the introduction of additional alcohol licenses to this area and determined that the request would be determinantal to the health, safety, peace, and general welfare of persons in the vicinity and subsequently made a motion to deny the request on a 4-2-0-0 vote.
On March 3, 2025, the applicant, Fakher Trad, filed an appeal of the Planning Commission’s decision from previous public hearing.
Subject Site
Subject Site
Adjacent Property – West
Adjacent Property – South
Adjacent Property – East
Adjacent Property – West
Crime Statistics
Subject Police
Reporting District
Jake’s Market
N
Police Reporting Districts
Crime Statistics
*Indicates “High-Crime” Reporting District. Applies to districts with 132+ reported crimes Police Reporting Districts
2024 Part A & Part B
Adjoining District West
84 298*
Adjoining District Northwest
85 366*
Adjoining District North
86 99
Project Site
87 146*
*Within Census Tract 4029.03
ABC Data: Off-Sale Alcohol Licenses
Number of Off-Sale Permitted
Number of Existing Off-Sale
Type-20
Number of Existing Off-Sale
Type 21
2 6
0 The subject census tract has exceeded the maximum number of allowed Off-Sale alcohol licenses by four (4). Includes both Type-20 and Type-21 licenses.
A public hearing notice was published in the Inland Valley Daily Bulletin, the local paper of circulation, on April 11, 2025.
All notification was completed as required by law.
Public Noticing
In compliance with Section 15301 “Existing Facilities”, therefore, the proposed request was determined to be Categorically Exempt under CEQA. No further environmental review is required.
Environmental
Review
Staff recommends City Council move to:
Uphold Planning Commission’s decision and deny Conditional Use Permit (CUP-021056-2023) for an alcohol license upgrade to Type-21 (Off-Sale General Sales) based on the finding that the license conversion would be determinantal to the health, safety, peace, and general welfare of persons in the vicinity; and that the license conversion would conflict with the General Plan Goals 6A.G7 and 6A.G8.
Approve attached denial Resolution No. 2025-52, subject to findings and conditions.
Staff Recommendation
City Council
Hearing
Applicant submits an appeal form for
Planning Commission’s denial decision.
APRIL 21, 2025
Public Hearing with City Council is held
for a decision. Staff recommends upholding
Planning Commission's request.
Timeline
Planning
Commission
Hearing
Item is taken to a public hearing
and denied by Planning Commission
FEBRUARY 12, 2025
MARCH 3, 2025
Applicant
Appeals PC
Decision