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HomeMy WebLinkAbout04-001 - Resolutions RESOLUTION NO. 04-001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE AND NECESSITY DRC2003-01099, A REQUEST TO MAKE A DETERMINATION OF PUBLIC CONVENIENCE AND NECESSITY FOR THE ISSUANCE OF A TYPE 20 ALCOHOLIC BEVERAGE LICENSE AUTHORIZING THE SALE OF BEER AND WINE FOR OFF PREMISES CONSUMPTION IN AN EXISTING 1,100 SQUARE FOOT MARKET IN THE COMMUNITY COMMERCIAL DISTRICT (SUBAREA 3), LOCATED AT 9465 FOOTHILL BOULEVARD - APN: 0208-261- 40. A. RECITALS. 1. Discount Cigarettes and Market 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. 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 7'" day of January 2004, 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 January 7, 2004, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. The selling of beer and wine for off-site consumption is a common and accepted business practice at retail stores; and b. The site, located at 9465 Foothill Boulevard, is along a major arterial and is suited for this type of retail sales, beer and wine for off-site consumption; I Resolution No. 04-001 Page 2 of 3 3. Based up-on the findings set forth in paragraphs 1 and 2 above, this Council conclude!; that the sale of beer and wine for off-site consumption within an existing market-retail store at 9465 Foothill Boulevard in the Community Commercial District (Subarea 3) 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 market-retail store, located at 9465 Foothill Boulevard will serve the public convenience and necessity. 5. The City Clerk shall certify to the adoption of this Resolution. Please see the following page for formal adoption,certification and signatures Resolution No. 04-001 Page 3 of 3 PASSED, APPROVED, AND ADOPTED this 7`h day of January 2004. AYES: Alexander, Gutierrez, Howdyshell, Kurth, Williams NOES: None ABSENT: None ABSTAINED: None illiam J. exander, Mayor ATTEST: D bra J. Adab2, 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 7'h day of January 2004. Executed this 8th day of January 2004, at Rancho Cucamonga, California. xa&-'4� aker- Debra J. Adams, C, City Clerk