HomeMy WebLinkAbout07-196 - Resolutions RESOLUTION NO. 07-196
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING A
DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY
DRC2007-00459 FOR AN ASIAN FOOD STORE IN THE
COMMUNITY COMMERCIAL DISTRICT, LOCATED ON THE
SOUTHWEST CORNER OF FOOTHILL BOULEVARD AND
RAMONA AVENUE AT 9849 FOOTHILL BOULEVARD, UNIT M —
APN: 0208-301-16
A. RECITALS.
1. Han Ma Eum Market filed an application for Public Convenience or Necessity
determination DRC2007-00459, as described in the title of this Resolution, for a
Type 21 (General Off-Sale) 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 19th day of September 2007, 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 bythe 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 19, 2007, including written and oral
staff reports, this Council hereby specifically finds as follows:
a. A retailer of alcoholic beverages, specialty foods, and other related items is a
common and accepted business; and
b. The site is located at the southwest corner of Foothill Boulevard and
Ramona Avenue; Foothill Boulevard is designated as a major thoroughfare,
and the site is suited for this type of business; and
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 the 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
Resolution No. 07-196
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 convenient shopping
opportunities with the addition of distilled spirits to the current selection of
Asian food products, beer and wine provided by the market; and
f. With the imposition of a condition recommended by the City and set forth in
Section 5, the retailer will operate the business in a manner that would not
result in a change of use from a market to a liquor store in violation of the
City's Development Code.
3. Based upon the findings set forth in Paragraphs 1 and 2 above, and with the
condition specified in Section 5, this City Council concludes that the issuance of
an off-sale beer and wine license for Han Ma Eum Market 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 City Council hereby determines that with the imposition of the
condition specified in Section 5,the issuance of an off-sale liquor license for Man
Ma Eum Market will service the Public Convenience or Necessity
5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4
above, this City Council hereby approves the request for a Public Convenience
or Necessity determination subject to each and every condition set forth below.
Planning Department
1) The area devoted to the display and sale of alcoholic beverages shall
be limited to a maximum 10 percent of the floor area. Any increase
above and beyond this limit will result in Code Enforcement action
and ultimately to the revocation of the store business license.
6. The City Clerk shall certify the adoption of this Resolution.
Please see the following page
for formal adoption,certification and signatures
Resolution No. 07-196
Page 3 of 3
PASSED, APPROVED, AND ADOPTED this 19`h day of September 2007.
AYES: Gutierrez, Kurth, Spagnolo, Williams
NOES: None
ABSENT: Michael
ABSTAINED: None
Donald J. Kurth, M. Mayor
ATTEST:
1".Q 1
Dkbra J. Adams C, 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 19`h day of September 2007.
Executed this 201h day of September 2007, at Rancho Cucamonga, California.
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El`ebra J. Act/CIVIC,CMC, City Clerk