CITY OF POMONA
COUNCIL REPORT
April 21, 2025
To: Honorable Mayor and Members of the City Council
From: Anita D. Gutierrez, City Manager
Submitted By: Betty Donavanik, Development Services Director SUBJECT: A PUBLIC HEARING TO CONSIDER AN APPEAL OF PLANNING COMMISSION’S DENIAL DECISION FOR A CONDITIONAL USE PERMIT REQUEST FOR THE CONVERSION OF AN EXISTING TYPE-20 “OFF-SALE BEER AND WINE” ALCOHOL LICENSE FOR A TYPE-21 “GENERAL OFF-SALE” ALCOHOL LICENSE AT JAKE’S MARKET, LOCATED AT 1175 E. PHILADELPHIA STREET (CASE FILE: CUP-021056-2023, APL-000255-2025) RECOMMENDATION:
Staff recommends that the City Council uphold the decision of the Planning Commission and adopt the following resolution (Attachment No. 1):
RESOLUTION NO. 2025-52 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, DENYING CONDITIONAL USE PERMIT (CUP-021056-2023) TO CONVERT AN EXISTING TYPE-20 “OFF-SALE BEER AND WINE” ALCOHOL LICENSE TO TYPE-21 “GENERAL OFF-SALE” LICENSE AT JAKE’S MARKET, LOCATED AT 1175 E. PHILADELPHIA STREET (APN: 8329-004-050) EXECUTIVE SUMMARY:
On February 12, 2025, at its regularly scheduled meeting, the Planning Commission held a public hearing and denied a Conditional Use Permit (CUP) request (Case File: CUP-021056-2023, APL-000255-2025) for an alcohol license conversion from a Type-20 “Off-sale Beer and Wine” license to a Type-21 “General Off-Sale” license at an existing convenience market (Jake’s Market) located at 1175 E. Philadelphia Street (4-2-0-0). The applicant, Fakher Trad, has appealed Planning Commission’s decision. The City Council may either uphold the Planning Commission’s decision to deny the CUP request or move to approve the request to convert the alcohol license to a Type-21 for Jake’s Market.
SB1439/GOVERNMENT CODE §84308 APPLICABILITY:
☒ When this box is checked, it indicates the agenda item is subject to the Levine Act SB1439 requirements. Councilmembers are reminded to check their campaign contributions and determine whether they have received a campaign contribution of $250 or more that would require disclosure and/or recusal from discussing or acting on this agenda item. Campaign contributions of $250 or more made 1) by any person or entity who is identified in the agenda report as the applicant or proposer or 2) on behalf of the applicant or participant, including a parent, subsidiary or otherwise related business entity, or 3) by any person who has a financial interest in the agenda item requires a councilmember to comply with SB1439.
FISCAL IMPACT:
No Fiscal Impact at this time.
PUBLIC NOTICING REQUIREMENTS:
A public hearing notice was published in the Inland Valley Daily Bulletin on Friday, April 11, 2025 (Attachment No. 2).
PREVIOUS RELATED 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 of 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 “Off-sale Beer and Wine” to a Type-21 “General Off-sale” (Attachment No. 4-6). 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 (Attachment No. 3).
ENVIRONMENTAL IMPACT:
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 Existing Facilities. Class 1 consists of the operation, repair, maintenance and permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features. The project is a request to update existing alcohol licensing at an existing facility and is therefore categorically exempt.
DISCUSSION:
Overview
At the Planning Commission public hearing, staff determined that the introduction of an additional source of off-sale alcohol sales in the subject area would comply with the Findings & Decisions outlined under Section 1160.D.4 of the Pomona Zoning Ordinance. Although the proposed establishment is in an area deemed to have undue concentration according to the guidelines established by the California Department of Alcoholic Beverage Control (ABC), staff recommended that the Planning Commission approve the request. The existing convenience market, Jake’s Market, does not currently have a conditional use permit or any conditions of approval tied to the site, since the existing Type-20 alcohol license is a legal non-conforming use. The Planning Commission determined that the requested license conversion 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.
Staff Analysis
Applicable Code Sections
Pursuant to Section 1130.C.2 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 following code sections of the Pomona Zoning Ordinance apply to the project:
Section 540.D.2.a – Alcohol, All
Section 540.D.2.b – Alcohol, Off-Sale
Section 1160.D.4 – Findings and Decisions
Off-sale alcohol related Conditional Use Permit requests are conditioned to comply with all standards outlined in Section 540.D.2.a “Alcohol, All” and Section 540.D.2.b “Alcohol, Off-sale” of the Pomona Zoning Ordinance. This includes, but is not limited to, regulations pertaining to promotion, employee training, site regulations, security, police and city contact, and hours of operation.
Project Information
The subject site consists of a single parcel approximately 0.25 acres in size. This parcel is located approximately 130 feet west of the intersection of South Reservoir Street and East Philadelphia Street. There is a one-story building constructed in 1965 totaling 2,340 square feet on site. The building currently operates as a small-scale convenience market and is occupied by a business named Jake’s Market. Jake’s Market is owned by Fakher Trad and business license records indicate the business has been operating at this location since 2006. The table below provides additional information related to the site’s general plan district and zoning (Attachment No. 7).
Table 1: General Plan and Zoning for Subject Site
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
Business license records indicate that the subject site has operated as a small-scale market since 1992. A Certificate of Occupancy, from the Building & Safety permit records, classified the existing structure as a grocery market in 1966. The subject site does not have an existing Conditional Use Permit for the approval of the existing Type-20 “Off-sale Beer and Wine” alcohol license; however, California Department of Alcoholic Beverage Control (ABC) licensing records show a valid Type-20 license that has been established at this site since 1984. This existing license was likely established prior to today’s required Conditional Use Permit regulations and has been transferred down from previous establishments. The existing Type-20 use is legal non-conforming.
Undue Concentration
The California Department of Alcoholic Beverage Control (ABC) defines undue concentration as either one of the following:
If the number of available licenses in the designated census tract is exceeded; or If the crime-reporting district is designated as “high crime” by Police Department 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 and Group B arrests. The designation of the reporting district as “high 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
COUNCIL PRIORITIES & GOALS:
The project site is designated as General Plan Place Type Activity Center, which contemplates either commercial uses or mixed uses, as well as Transect Zone T5 which allows residential densities of a maximum of 80 dwelling units per acre. Approving an alcohol license conversion for the existing convenience market would conflict with the following General Plan goals and policies for Activity Center designations:
Goals 6A.G7: Strengthen the City’s existing pattern of well distributed, neighborhood serving retail uses.
Goals 6A.G8: Improve the physical quality of existing neighborhood centers throughout the City, particularly those within or next to residential neighborhoods.
RECOMMENDATION:
Staff recommends that the City Council uphold the Planning Commission's denial 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.
ALTERNATIVE:
City Council approves the appeal request and makes written findings, based upon a preponderance of the evidence in the record, to approve an alcohol license conversion from the existing Type-20 to a Type-21 for Conditional Use Permit (CUP-021056-2023).
Prepared by:
_____________________________
Karina Diaz
Assistant Planner
ATTACHMENT(S):
Attachment No. 1 – Draft CC Denial Resolution No. 2025-52 Attachment No. 2 – Public Hearing Notice
Attachment No. 3 – Appeal Form
Attachment No. 4 – Planning Commission Staff Report & Attachments from 2-21-2025 Attachment No. 5 – Planning Commission Denial Resolution 25-002 Attachment No. 6 – PC Public Comments from 2-12-2025
Attachment No. 7 – Staff Presentation
Public Hearing (Appeal) of CUP-021056-2023 at 1175 E. Philadelphia Street