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HomeMy WebLinkAbout01-147 - Resolutions RESOLUTION NO. 01-147 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY, AND A REQUEST FOR THE ISSUANCE OF AN ALCOHOL BEVERAGE CONTROL LICENSE WITHIN AN EXISTING 131,451 SQUARE-FOOT WAL-MART, LOCATED AT 12549 FOOTHILL BOULEVARD -APN: 229-031-38. A. RECITALS. 1. Wal-Mart has filed an application for a Type 20 Alcohol Beverage Control (ABC) license (beer and wine for off-site consumption) from the Department of Alcoholic Beverage Control. 2. On June 12, 2001,the City Planner of the City of Rancho Cucamonga conducted a duly noticed public hearing for a Conditional Use Permit to allow a Type 20 ABC license and approved said Conditional Use Permit. 3. Section 23958 of the Business and Professional Code requires the City of Rancho Cucamonga to make a determination that the issuance of the said license will service the public convenience or necessity. 4. On the 20th day of June 2001, the City Council of the City of Rancho Cucamonga reviewed said application prior to the adoption of this Resolution. 5. All legal prerequisites prior to the adoption of this Resolution have occurred. B. RESOLUTION. NOW,THEREFORE,it is hereby found,determined,and resolved by the City Council as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Council during the above- referenced meeting on June 20, 2001, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: Resolution No. 01-147 Page 2 of 3 a. The selling of beer and wine for off-site consumption is a common and accepted business practice within regional shopping centers; and b. The site, located at 12549 Foothill Boulevard, is along a major arterial and is suited for this type of retail sales, including beer and wine for off- site consumption; and c. On June 12, 2001, DRC2001-00223, a Conditional Use Permit was approved for a Type 20 ABC license, allowing the sale of beer and wine for off-site consumption within Wal-Mart, located at 12549 Foothill Boulevard; and d. Rancho Cucamonga residents would be afforded more shopping opportunities for personal and convenience items and services. 3. Based upon the findings set forth in paragraphs 1 and 2 above, this Council concludes that the sale of beer and wine for off-site consumption within an existing Wal-Mart at 12549 Foothill Boulevard in the Regional Related Commercial District will not have a negative impact to the surrounding uses. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Council hereby determines that the issuance of a beer and wine license for off-site consumption within an existing Wal-Mart, located at 12549 Foothill Boulevard will serve the public convenience or necessity. 5. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 20`" day of June 2001. AYES: Alexander, Biane, Curatalo, Williams NOES: None ABSENT: Dutton ABSTAINED: None illiam J. Alex er, Mayo Resolution No. 01-147 Page 3 of 3 ATTEST: D bra J. Ada s CMC, City Clerk I, DEBRA J.ADAMS,CITY CLERK of the City of Rancho Cucamonga,California,do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga,California, at a Regular Meeting of said City Council held on the 201h day of June 2001. Executed this 21"day of June 2001, at Rancho Cucamonga, California. L&a De ra J. AdamUMC,MC, City Clerk