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HomeMy WebLinkAbout01-251 - Resolutions RESOLUTION NO. 01-251 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 FORA RETAIL LIQUOR STORE WITHIN AN EXISTING 4,320 SQUARE FOOT BUILDING, LOCATED AT 8939 FOOTHILL BOULEVARD -APN: 208-192-07. A. RECITALS. 1. Arturo Flores filed an application for a Type 21 ABC license (beer, wine and distilled spirits) from the Department of Alcoholic Beverage Control (ABC). Hereinafter in this Resolution, the subject Determination of Public Convenience or Necessity request is referred to as "the application." 2. 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. 3. On the 21st day of November 2001, the City Council of the City of Rancho Cucamonga reviewed said application prior to the adoption of this Resolution. 4. 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 November 21, 2001, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. The selling of beer, wine, and distilled spirits for off-site consumption is a common and accepted business practice within the Community Commercial District; and b. The site, located at 8939 Foothill Boulevard, is along a major arterial and is suited for this type of retail sales, including beer, wine, and distilled spirits for offsite consumption. Further,a liquor store was operated for decades within the building at 8939 Foothill Boulevard; and Resolution No. 01-251 Page 2 of 3 c. On November 14,2001, Conditional Use Permit DRC2001-00335 was approved for a Type 21 ABC license, allowing the sale of beer,wine, and distilled spirits for off-site consumption for a retail liquor store located at 8939 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,wine,and distilled spirits for off-site consumption for a retail liquor store within an existing building at 8939 Foothill Boulevard in the Community 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, wine, and distilled spirits license for off-site consumption within an existing building at 8939 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 21 sc day of November 2001. AYES: Alexander, Biane, Curatalo, Dutton, Williams NOES: None ABSENT: None ABSTAINED: None LAI-i William J. Alexa er, Mayor Resolution No. 01-251 Page 3 of 3 ATTEST: 2� Debra J. Adams, MC, 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 215` day of November 2001. Executed this 26`h day of November 2001, at Rancho Cucamonga, California. Debra J. Adams(, MC, City Clerk