May 4, 2026 Public Necessity or Convenience for Alcohol CUP-000583-2025 1
PUBLIC CONVENIENCE OR NECESSITY (PCN)
Conditional Use Permit – Alcohol (CUP-000583-2025)
Subject Address: 3024 W. T emple Avenue
Applicant: Sherrie Olson, Diamond Market Deli, INC.
Prepared by: Irene Mouré
Attachment No. 4
May 4, 2026 Public Necessity or Convenience for Alcohol CUP-000583-2025 2 Location
Address: 3024 W. T emple Ave
General Plan
Land Use
Designation:
Urban Neighborhood
Zoning: CD2 [MB1-SH1-CX4]
Council
District: CD 5, S. Lustro
- Site
- Subject Space
May 4, 2026 Public Necessity or Convenience for Alcohol CUP-000583-2025 3 Location
- Subject Space
• December1988 – Obtained a business license and a CA Dept of Alcoholic Beverage Control (ABC) Type-20 (beer & wine) license
– ABC license obtained prior to the requirement for a conditional use permit • January 2025 – Change of business ownership
• February 2025 – Transfer of Type-20 license to new ownership • August 2025 – Application for CUP-000583-2025 for Type 21 (general) license • March 2026 – CUP-000583-2025 approved per PC Resolution No. 26-004, subject to COAs
May 4, 2026 Public Necessity or Convenience for Alcohol CUP-000583-2025 4 Background
The PZDC does not include thresholds for the number of licenses allowed per census tract or thresholds for limitation of licenses in high crime-reporting districts.
However, ABC does require a finding of Public Convenience or Necessity when there is undue concentration; undue concentration is defined 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 (PD) crime data
4/28/2026 Public Necessity or Convenience for Alcohol CUP-000583-2025 5 CA Department of Alcoholic Beverage Control (ABC)
May 4, 2026 Public Necessity or Convenience for Alcohol CUP-000583-2025 6 ABC Data on Off-Sale Alcohol Licenses per Census Tracts Subject Census
Tract: 4090.00
Adjoining
Tracts: 11
Existing Off-Sale: 6
Allowed Off-Sale: 4
Census Tract Size:
+/- 1,968 acres
or
+/- 85 million SQFT
Census Tract includes Pomona, Diamond Bar, and San Dimas Census Tract Existing Off-Sale
Licenses
Allowed Off-Sale
Licenses
Business Location, License Type, Original
Issuance Date
40900.00
(Subject Tract) 6 4
Diamond Market & Deli, 3024 W. Temple Avenue
| Type-20, Original: 1988 (subject site)
Yogie Alta Dena, 1600 W. Holt Ave | Type-20,
Original: 1996
AM/PM, 2207 Valley Blvd | Type-20, Original:
2019
Fat Boy Liquor & Market, 3580 W. Temple Ave
Units A&B | Type-21, Original: 1983 (Type-
20), PCN: 2000 (Type-21)
7-11, 3111 W. Temple Ave | Type-20, Original:
2006, PCN: 2006
La Cadena Market, 1600 W. Mission Blvd | Type-
20, Original: 2000, PCN: 2001
May 4, 2026 Public Necessity or Convenience for Alcohol CUP-000583-2025 7 Undue Concentration
May 4, 2026 Public Necessity or Convenience for Alcohol CUP-000583-2025 8 PD Reporting Districts
160*
18 95
171*
84 63
17 28
28 126*
12 PD RD: 58 2025 Crime Threshold: 122
2025 Crimes: 160 = "high crime"
Proposed Operations
• No sale of beer sold in less 3 quantities
• No sale of individual cans, bottles, or
tapped/keg containers
• Wine must not be sold in containers
less than 750mL
• Quarterly gross sales of alcoholic
beverages must not exceed general
gross sales
• Gross sales records of alcoholic
beverages to separate from general
gross sales records
• CUP revocation powers
Existing Operations
• Can sell beer in less than 3 quantities
• Can sell individual cans, bottles, and
tapped/keg containers
• Can sell wine in containers less than
750mL
• Can sell alcoholic beverages that
exceeds gross sales
• Does not have to maintain records
• No revocation powers, can continue to
exist as legal nonconforming
May 4, 2026 Public Necessity or Convenience for Alcohol CUP-000583-2025 9 Pomona Zoning and Development Code – Conditional USe
Permit Off-Sale Alcohol Operation Standards
• One (1) letter of opposition submitted to Development Services Department
• One (1) in-person opposition by a house of worship, St. Maurice Coptic Orthodox Church
• Planning Commission approved the CUP and Type-21 License on a 4-3 vote
May 4, 2026 Public Necessity or Convenience for Alcohol CUP-000583-2025 10 Planning Commission - March 11, 2026
• Convenience market obtained their existing Type-20 license in 1988, prior to the requirement for a conditional use permit (legal non-conforming). • CUP would bring the convenience market into compliance with the current Code and require compliance with all operational standards. The City would also have the authority to revoke the CUP should the convenience market violate the Code. • Staff does not find the activation of this license in this area to be detrimental to health, safety, and general welfare within the vicinity of the project site as it would be subject to all conditions of the CUP .
• Therefore, staff supports the finding of public convenience for the following reasons:
– Activation of a Type-21 License Poses Limited New Public Safety Risks – Economic & Public Health Benefits Outweigh Public Safety Risk – Inherent Concentration of Licenses at a Key Commercial Intersection May 4, 2026 Public Necessity or Convenience for Alcohol CUP-000583-2025 11 Finding of Public Convenience or Necessity
• The project site is a part of a larger mixed-commercial shopping center, with uses ranging from restaurants and eateries to pharmacies and office spaces. • While the addition of the T ype-21 ABC License type will intensify the established off-sale use, it will also encourage an expansion of a business that has been operating since 1988 and be subject to a conditional use permit.
• The Typ e-21 license would provide convenience for the public and customers by allowing patrons to purchase beer, wine, and/or distilled spirits as they are shopping for other market items, which is a typical use for convenience markets.
May 4, 2026 Public Necessity or Convenience for Alcohol CUP-000583-2025 12 Finding of Public Convenience or Necessity
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2026-45 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF POMONA, CALIFORNIA, APPROVING THE FINDING OF PUBLIC CONVENIENCE
OR NECESSITY (PCN) TO ALLOW FOR A CALIFORNIA ALCOHOLIC BEVERAGE CONTROL TYPE-21 (OFF-SALE, GENERAL) LICENSE IN CONJUNCTION WITH AN EXISTING CONVENIENCE MARKET AND DELI LOCATED AT 3024 W . TEMPLE AVENUE (APN: 8707-022-147)
May 4, 2026 Public Necessity or Convenience for Alcohol CUP-000583-2025 13 Recommendation