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HomeMy WebLinkAbout06-161 - Resolutions RESOLUTION NO. 06-161 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY DRC2006-00428 FOR A WINE RETAIL ESTABLISHMENT, THAT ALSO OFFERS REGULAR WINE TASTING EVENTS IN THE MIXED USE DISTRICT, LOCATED ON THE SOUTHWEST CORNER OF HAVEN AVENUE AND FOOTHILL BOULEVARD - APN: 208-331-37 A. RECITALS. 1. Schriver Wines, Inc. for Winestyles has filed an application for Public Convenience or Necessity determination DRC2006-00428, as described in the title of this Resolution, for a Type 20 (Off-Sale Beer and Wine) license and a Type 42 (On-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 7th day of June 2006,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 herebyfound,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 June 7, 2006, including written and oral Staff Reports, this Council hereby specifically finds as follows: a. A retailer of alcoholic beverages and gift baskets which also offers wine tasting events is a common and accepted business; and b. The site is located at the southwest corner of Foothill Boulevard and Haven Avenue. Foothill Boulevard is designated as a major thoroughfare and the site is suited for this type of business; and Resolution No. 06-161 Page 2 of 3 c. The census tract in which the site is located (0021.00) includes portions of Rancho Cucamonga, particularly along Foothill Boulevard, that has numerous restaurants with on-sale alcohol licenses. This census tract also includes Ontario Mills shopping center in the city of Ontario, which has a large number of restaurants with alcohol licenses. Ontario Mills shopping center is physically separated from the majority of residential neighborhoods in Rancho Cucamonga by an industrial district, greatly diminishing potential negative effects that an additional alcohol license will have on the City's residential neighborhoods; and d. Rancho Cucamonga residents would be afforded more convenient shopping opportunities with the addition of a retail wine outlet that permits customers to sample the merchandise prior to making their purchase and which sells wine oriented gift baskets. 3. Based upon the findings set forth in paragraphs 1 and 2 above, this Council concludes that the issuance of an off-sale beer and wine license for Winestyles 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 Winestyles will service the Public Convenience or 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. 06-161 Page 3 of 3 PASSED, APPROVED, AND ADOPTED this 7th day of June 2006. AYES: Alexander, Gutierrez, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None illiam J. Alexa der, Ma or ATTEST: 161W k &1�'&� De"bra J. Adam 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 7th day of June 2006. Executed this 8th day of June 2006, at Rancho Cucamonga, California. Debra J. Adams, C, City Clerk