HomeMy WebLinkAbout2025-019 - Resolution RESOLUTION NO. 2025-019
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF
PUBLIC CONVENIENCE OR NECESSITY (DRC2025-00088) FOR
ALCOHOLIC BEVERAGE SALES FOR OFF-SITE CONSUMPTION
(TYPE-21 OFF-SALE GENERAL) FOR AN APPROVED SUPERMARKET
LOCATED IN THE CORRIDOR 1 (CO1) ZONE AT 9040 FOOTHILL
BOULEVARD;AND MAKING FINDINGS IN SUPPORT THEREOF—APN:
0208-101-20
A. Recitals.
WHEREAS Vallarta Food Enterprises, Inc. filed an application for a Public
Convenience or Necessity determination DRC2025-00088 as described in the title of this
Resolution for a Type-21 (Off-Sale General) license from the Department of Alcoholic
Beverage Control (ABC). Hereinafter in this Resolution, the subject Public Convenience or
Necessity request is referred to as "the application."
WHEREAS, Section 23958 of the Business and Professional Code requires the City
of Rancho Cucamonga to make a determination on whether the issuance of the said license
will service the public convenience or necessity.
WHEREAS, On the 21st day of May 2025, the City Council of the City of Rancho
Cucamonga reviewed said application prior to the adoption of this Resolution.
WHEREAS, 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 of the
City of Rancho Cucamonga 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 public hearing on May 21, 2025, including written and oral staff reports, this Council
hereby specifically finds as follows:
a. The site is located in Census Tract 20.16 at 9040 Foothill Boulevard, on the north
side of Foothill Boulevard, between Vineyard Avenue and Lion Street; and
b. The Orchard Plaza shopping center is located within Census Tract 20.16.
According to the Department of Alcoholic Beverage Control (ABC), this tract is currently
authorized for a maximum of two off-sale alcohol licenses based on population.Two such licenses
presently exist: one at a CVS Pharmacy (8956 Foothill Blvd.) and another at NGM Liquor (9255
Baseline Rd.). If approved, Vallarta Supermarket would hold the third off-sale license in this tract;
and
Resolution No. 2025-019— Page 1 of 6
c. Section 23958 of the California Business and Professions Code grants ABC the
authority to regulate license distribution and requires a local jurisdiction to make a finding of Public
Convenience or Necessity when the statutory license threshold is exceeded. The state does not
define "Public Convenience or Necessity," instead allowing local agencies such as the Rancho
Cucamonga City Council discretion to make determinations based on community-specific
conditions and needs; and
d. Vallarta Supermarkets has submitted a letter dated April 10, 2025, requesting
approval of the PCN determination. In their letter, the applicant states that the proposed alcohol
sales are intended to enhance the overall shopping experience by offering customers the
convenience of purchasing alcoholic beverages alongside groceries.They emphasize that alcohol
sales will be a small portion of their business and that the store will operate responsibly within
regular hours (7:00 a.m. to 10:00 p.m.). Vallarta also affirms its commitment to operating in a
conscientious manner that supports public health, safety, and welfare, while providing a
welcoming and beneficial retail environment for local residents, visitors, and workers; and
3. The following are facts to support the requested Public Convenience or Necessity.
a. Fact #1: A supermarket with the general sale of alcoholic beverages is a
common and acceptable business practice. The applicant has indicated that alcoholic beverage
sales will constitute only a small portion (approximately 3.7 percent of the overall floor area) of
the store's offerings and are intended to enhance customer convenience as part of the overall
shopping experience.
b. Fact #2: The site is located at 9040 Foothill Boulevard, on the north side of
Foothill Boulevard, between Vineyard Avenue and Lion Street. Foothill Boulevard is designated
as a boulevard, and the site is well-suited for this type of business. Most recent data provided by
the Police Department suggests that there is no higher DUI or criminal activity rate within the
census tract than the City average. Further, the business is a grocery store which is over 20,000
square feet an which comprises the alcohol sales area of less than 10% of the floor area of the
business (3.7%).
C. Fact#3: The Census Tract in which the site is located (20.16)currently contains
two (2) off-sale ABC licenses. This includes a CVS Pharmacy located at 8956 Foothill Blvd. and
a liquor store located at 9255 Baseline Rd.While surrounding census tracts are overconcentrated,
the proposed application involves a business which offers a unique product selection which is not
generally available in the City (i.e. specialty imports).
d. Fact#4: The business is located within a retail shopping center, which does not
contain any sensitive users, such as daycare facilities, schools, and/or churches.
e. Fact #5: Rancho Cucamonga residents would be afforded more convenient
opportunities with the addition of a new supermarket that sells beer, wine, and distilled spirits to
the current selection of off-sale retail locations. The applicant has committed to responsible
operation and expressed sensitivity to any potential community impacts, highlighting its intent to
serve local residents, workers, and visitors in a safe and conscientious manner.
4. Based upon the findings set forth in paragraphs 1 and 2 above, and with the Condition
of approval specified in Section 6, this City Council concludes that the issuance of an off-sale
Resolution No. 2025-019— Page 2 of 6
general license for Vallarta Supermarket will not have a negative impact on the surrounding uses.
5. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above,
this City Council hereby determines that with the imposition of the condition specified in Section
6, the issuance of an off-sale liquor license for Vallarta Supermarket will service the Public
Convenience or Necessity.
6. Based upon the findings and conclusions set forth in Paragraphs 1, 2, and 3 above,
this City Council hereby approves the request for a Public Convenience or Necessity
determination subject to each and every condition set forth in the attached Conditions of Approval.
The City Clerk shall certify the adoption of this Resolution.
Resolution No. 2025-019— Page 3 of 6
PASSED, APPROVED, and ADOPTED this 21It day of May, 2025.
W'�yAm'&Z--
Ryan A. Hutchison, Council Member
ATTEST:
/1'i0ev City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RANCHO CUCAMONGA )
I, Kim Sevy, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing
Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga,
at a Regular Meeting of said Council held on the 215t day of May, 2025.
AYES: Hutchison, Scott, Stickler
NOES: None
ABSENT: Kennedy, Michael
ABSTAINED: None
Executed this 22"d day of May, 2025, at Rancho Cucamonga, California.
Pevy, City Clerk
Resolution No. 2025-019— Page 4 of 6
Conditions of Approval
J
RANCHO
CUCAMONGA Community Development Department
Project #: DRC2025-00088
Project Name: Vallarta Supermarkets
Location: 9040 FOOTHILL BLVD - 020810120-0000
Project Type: Public Convenience & Necessity
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Please be advised of the following Special Conditions
1. Approval Determination of Public Convenience or Necessity (PCN) to permit alcoholic beverage sales for
off-site consumption (Type-21 Off-Sale General) for an approved supermarket located in the Corridor 1
(CO1)Zone at 9040 Foothill Boulevard-APN: 0208-101-20.
Standard Conditions of Approval
2. The applicant shall indemnify, protect, defend, and hold harmless, the City, and/or any of its officials,
officers, employees, agents, departments, agencies, those City agents serving as independent contractors
in the role of City officials and instrumentalities thereof (collectively "Indemnitees"), from any and all claims,
demands, lawsuits, writs of mandamus, and other actions and proceedings (whether legal, equitable,
declaratory,administrative or adjudicatory in nature),and alternative dispute resolutions procedures (including, but
not limited to, arbitrations, mediations, and other such procedures)(collectively"Actions"), brought against
the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities
thereof, that challenge, attack, or seek to modify, set aside, void, or annul, the action of, or any permit
or approval issued by, the City and/or any of its officials, officers, employees, agents, departments,
agencies, and instrumentalities thereof (including actions approved by the voters of the City), for or
concerning the project, whether such actions are brought under the California Environmental Quality Act
(CEQA), State Planning and Zoning Law, the Subdivisions Map Act, Code of Civil Procedure Section 1085
or 1094.5, or any other state, federal, or local statute, law, ordinance, rule, regulation, or any decision
of a competent jurisdiction. This indemnification provision expressly includes losses, judgments, costs, and
expenses (including, without limitation, attorneys' fees or court costs) in any manner arising out of or incident
to this approval, the Planning Director's actions, the Planning Commission's actions, and/or the City
Council's actions, related entitlements, or the City's environmental review thereof. The Applicant shall pay and
satisfy any judgment, award or decree that may be rendered against City or the other Indemnitees in any such
suit,action, or other legal proceeding. It is expressly agreed that the City shall have the right to approve
, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and
that the applicant shall reimburse City for any costs and expenses directly and necessarily incurred by
the City in the course of the defense. City shall promptly notify the applicant of any Action brought and
City shall cooperate with applicant in the defense of the Action. In the event such a legal action is filed
challenging the City's determinations herein or the issuance of the approval, the City shall estimate its expenses
for the litigation. The Applicant shall deposit said amount with the City or, at the discretion of the City,
enter into an agreement with the City to pay such expenses as they become due.
Printed:5/12/2025 www.CityofRC.us
Resolution No. 2025-019— Page 5 of 6
Project #: DRC2025-00088
Project Name: Vallarta Supermarkets
Location: 9040 FOOTHILL BLVD - 020810120-0000
Project Type: Public Convenience & Necessity
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Standard Conditions of Approval
3. The applicant shall be required to pay California Department of Fish and Wildlife Notice of Exemption
fee I in the amount of $50.00. All checks are to be made payable to the Clerk of the Board Supervisors
and submitted to the Planning Commission Secretary prior to public hearing or within 5 days of the date
of project approval.
4. Any approval shall expire if Building Permits are not issued or approved use has not commenced within
2 years from the date of approval or a time 'extension has been granted.
Standard Conditions of Approval
1. Surveillance cameras shall be installed a combination of interior and exterior views of the business, with
the intent to capture digital images of subjects entering, exiting, cash registers and vehicle and pedestrian
traffic approaching the business. Prior to issuance of certificate of occupancy, the applicant shall contact
the Rancho Cucamonga Police Department for an inspection of the security cameras.
2. Video recordings of surveillance cameras shall be nothing less than NTSC (National Television System
Committee, the NTSC is the analog video color format used to broadcast television signals) standards,
with a minimum of 5MP resolution. A minimum of 30 days surveillance video shall be kept. The
applicant(s) or on-site manager(s) shall maintain the recording system and cameras in working condition.
3. The applicant or on-site manager(s), shall post a prominent, permanent sign stating,"NO LOITERING IS ALLOWED
ON OR IN FRONT OF THESE PREMISES" in a place that is clearly visible to patrons of the premises. The
sign shall fit the requirements as set forth by the City of Rancho Cucamonga.
4. The business shall have an alarm system active and monitored by an alarm company who is able to
contact law enforcement if a problem occurs within the business.
5. Applicant or on-site manager, shall actively monitor the area under their control in an effort to prevent the
loitering of persons on any property adjacent to the licensee's premises.
6. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee(s)
shall be removed or painted over within 72 hours of being applied.
7. The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and make easily
discernible the appearance and conduct of persons on or about the parking lot. Additionally, the position of
such lighting shall not disturb the normal privacy and use of any neighboring residences. The exterior lighting
shall be maintained in working condition by the applicant or on-site property manager.
Printed:5/12/2025 www.CityofRC.us Page 2 of 2
Resolution No. 2025-019— Page 6 of 6