Baldwin Park planning panel denies Happy Market’s request to sell distilled spirits

The Baldwin Park Planning Commission voted unanimously on June 24 to deny a request from Happy Market to upgrade its off‑sale alcohol license from a Type 20 (beer and wine) to a Type 21 license that would allow the sale of distilled spirits. The decision, recorded as Resolution PC 2605, was reached after staff said the census tract is already overconcentrated for off‑sale alcohol outlets under state Alcoholic Beverage Control (ABC) guidance and the Commission could not make required findings of public convenience and necessity.

Assistant Planner Yadira Abad Carmona told commissioners the market at 13810 Los Angeles Street currently operates with a Type 20 license. She said ABC’s concentration guidance—applied at the census‑tract level—shows the tract already has three off‑sale outlets, while the guidance’s population metric allows only one; for that reason, staff recommended denial. "Because it is over concentrated right now ... staff recommends that Planning Commission approves resolution PC 2605 to deny CUP 2602," she said.

The applicant and neighborhood supporters urged the Commission to consider the request as an upgrade of an existing outlet rather than the creation of a new one. Applicant representative Dheeraj Swami ("DJ") said Happy Market "already operates an existing type 20 ABC license" and that converting to a Type 21 would not change the total number of outlets in the tract. He emphasized the market’s role as a family‑run grocery that provides hot food, fresh produce and daily necessities, and said the owners are prepared to make the code‑required site improvements staff recommended, including removing boarded windows, repairing and restriping the parking lot, improving landscaping and upgrading security cameras.

Neighbors and business owners provided contrasting testimony during the public hearing. Maria Velarde, who lives next to the site, urged denial, saying approval could harm seniors and children who walk to nearby Charles Bursch Elementary School and worsen litter and homelessness near the store. "Please, think 100 times not to give any permission to do that," she told commissioners. By contrast, Emilio, a nearby resident, and Fadi Mushamel, owner of Walt’s Liquor across the street, described improvements to the property since the current owners took over and said they did not oppose the applicant; Mushamel also expressed general concerns about visible homelessness around alcohol outlets.

Okina Dor, Baldwin Park’s Director of Community Development, briefed the Commission on the interplay between ABC concentration rules and city land‑use discretion. Dor said ABC sets concentration guidance but leaves the making of any "necessity and convenience" finding to the local approving body. She noted that, in this case, the upgrade would be a "wash" in terms of outlet count—"you're swapping one level of alcohol sales with the next level"—but that the Commission may still require improvements or conditions if it elects to approve an exception.

During deliberations, commissioners balanced support for a small, reinvigorated local business and the owners’ willingness to accept conditions against concerns about overconcentration, proximity to a school, community impacts and precedent. Several commissioners said they were sympathetic but could not, under the evidence presented, make the findings ABC requires for public convenience and necessity. A motion to adopt the staff recommendation to deny (Resolution PC 2605) carried on a 5–0 roll call (Commissioners Rodriguez, Arias, Peña, Vice Chair Miranda De Zepeda, Chair Escobosa).

The Planning Commission’s action denies the applicant’s request to sell distilled spirits at the Happy Market location. Staff noted a 10‑day appeal period to the City Council for the applicant. The denial does not prevent the owners from making the suggested property improvements; staff told the Commission those improvements could form the basis of a future, conditioned approval or support an appeal to the Council.

Clarifying details from the hearing: the property address is 13810 Los Angeles Street; the operation currently holds a Type 20 ABC license; staff’s report cites ABC concentration guidance applied at the census‑tract level and reports three existing off‑sale outlets in the tract; because the Commission voted to deny, no CEQA determination was required for this action. The applicant may appeal to City Council within the 10‑day appeal window announced at the meeting.

The Commission adjourned at 8:28 p.m.