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HomeMy WebLinkAbout05-310 - Resolutions RESOLUTION NO. 05-310 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE AND NECESSITY FOR A TYPE 20 OFF-SALE BEER AND WINE LICENSE FOR A CONVENIENCE STORE IN THE GENERAL COMMERCIAL DISTRICT, LOCATED AT 8809 GROVE AVENUE -APN: 0207-252- 89. A. RECITALS. 1. Allura Farm Dairy filed an application for Public Convenience and Necessity DRC2005-00896, as described in the title of this Resolution, for a Type 20 (off- sale beer and wine) license from the Department of Alcoholic Beverage Control (ABC). 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 16th day of November 2005, 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,itis 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 the substantial evidence presented to this Council during the above-referenced meeting on November 16, 2005, including written and oral staff reports, this Council hereby specifically finds as follows: a. A convenience store selling general food items along with alcoholic beverages is a common and accepted business; and b. The site is located on the east side of Grove Avenue and south of 9th Street; Grove Avenue is designated as a local street and is the boundary line between Rancho Cucamonga and Upland. The limited size of the applicant's convenience store make it well suited to the neighborhood in which it is located. Resolution No. 05-310 Page 2 of 3 c. The census tract in which the site is located (0021) includes the Ontario Mills shopping center in the city of Ontario, which has a large concentration of restaurants with alcohol licenses. The Mills shopping center is physically separated from the majority of residential neighborhoods in Rancho Cucamonga by an industrial district, which greatly limits any negative effect the large concentration of alcohol licenses will have on the residents of Rancho Cucamonga. d. With the addition of alcoholic beverages to the selection of general food items provided by the convenience store, Rancho Cucamonga residents would be afforded more convenient shopping opportunities. 3. Based upon the findings set forth in paragraphs 1 and 2 above, this Council concludes that the issuance of an off-sale liquor license for Allura Farm Dairywill 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 an off-sale liquor license for Allura Farm Dairywill service 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. 05-310 Page 3 of 3 PASSED, APPROVED,AND ADOPTED this 16th day of November 2005. AYES: Alexander, Gutierrez, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None c „EC William J. Alex nder, Mayor ATTEST: A6�_a Debra J. Ad , 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 16`h day of November 2005. Executed this 17`h day of November 2005, at Rancho Cucamonga, California. AJ Debra J. Ad MC, City Clerk