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HomeMy WebLinkAbout04-130 - Resolutions RESOLUTION NO. 04-130 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE AND NECESSITY DRC2004-00225 FOR A SPECIALTY RETAILER(BEVERAGES & MORE) OF BEER, WINE, SPIRITS, GOURMET FOOD, AND RELATED ITEMS, LOCATED AT THE NORTHWEST CORNER OF DAY CREEK AND FOOTHILL BOULEVARDS; AND MAKING FINDINGS IN SUPPORT THEREOF-APN: 0227-201-38,39,AND 44. A. RECITALS. 1. Beverages & More filed an application for Types 21 (off-sale) and 42 (on-sale wine tasting)licenses from the Department of Alcoholic Beverage Control(ABC). 2. Section 2 3958 o f t he B usiness a nd P rofessional C ode requires t he C ity of Rancho Cucamonga to make a determination that the issuance of the said licenses will service the public convenience or necessity. 3. On the 5th day of May 2004, the City Council of the City of Rancho Cucamonga reviewed said application prior to the adoption of this Resolution. 4. All legal prerequisites 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 meeting on May 5, 2004, including written and oral staff reports, this Council hereby specifically finds as follows: a. A specialty retailer of wine, beer, spirits, gourmet foods, and other related items is a common and accepted business; and b. The site is located at the northwest corner of Day Creek and Foothill Boulevards, which are designated as major thoroughfares, and the site is suited for this type of business; and c. On April 27, 2004, Conditional Use Permit DRC2004-00224 was issued to Beverages & More to establish the business at the site. Resolution No. 04-130 Page 2 of 3 d. The site is not close to sensitive users, such as day care facilities, schools, and/or churches; and e. 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 issuance of off-sale and on-sale liquor licenses for Beverages & More 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 off-sale and on-sale liquor licenses for Beverages & More will serve the Public Convenience and Necessity. 5. The City Clerk shall certify the adoption of this Resolution. Please see the following page for formal adoption,certification and signatures Resolution No. 04-130 Page 3 of 3 PASSED, APPROVED, AND ADOPTED this 5`h day of May 2004. AYES: Alexander, Gutierrez, Howdyshell, Kurth, Williams NOES: None ABSENT: None ABSTAINED: None illiam J. Al nder, Mayor ATTEST: Debra J. Adam MC, City Clerk I, DEBRA J.ADAMS,CITY CLERK of the Cityof 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 5`h day of May 2004. Executed this 6`h day of May 2004, at Rancho Cucamonga, California. Debra J. Ad s, CMC, City Clerk