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HomeMy WebLinkAbout05-246 - Resolutions RESOLUTION NO. 05-246 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE AND NECESSITY FOR THE ISSUANCE OF A TYPE 20 OFF-SALE BEER AND WINE LICENSE FOR A CONVENIENCE STORE IN THE INDUSTRIAL PARK DISTRICT, LOCATED ON THE NORTHWEST CORNER OF HAVEN AVENUE AND SIXTH STREET; AND MAKING FINDINGS IN SUPPORT THEREOF; APN: 0209-262-19 AND 20 A. RECITALS. 1. 7-Eleven, Inc. filed an application for Public Convenience and Necessity DRC2005-00642, 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 7`h day of September 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, 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 the substantial evidence presented to this Council during the above-referenced meeting on September 7, 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 at the northwest corner of Haven Avenue and Sixth Street; Haven Avenue is designated as a major thoroughfare, and the site is suited for this type of business; and Resolution No. 05-246 Page 2 of 3 c. The census tract in which the site is located (0021) also includes the Ontario Mills shopping center in the City of Ontario, which has a large number of restaurants with alcohol licenses. The Ontario Mills shopping center is physically separated from the majority of residential neighborhoods in Rancho Cucamonga by an industrial district; and 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 convenient shopping opportunities with the addition of alcoholic beverages to the selection of general food items provided by the market. 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 7-Eleven, Inc. 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 an off-sale liquor license for 7-Eleven, Inc. will service the Public Convenience and Necessity. S. The City Clerk shall certify the adoption of this Resolution. Please see the following page for formal adoption,certification and signatures Resolution No. 05-246 Page 3 of 3 PASSED, APPROVED, AND ADOPTED this 7 1 day of September 2005. AYES: Alexander, Gutierrez, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None i "ander,Al ATTEST: De ra J. Ada -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 7'h day of September 2005. Executed this 8`h day of September 2005, at Rancho Cucamonga, California. L'6 �U� Der J. Adams, CM City Clerk