Loading...
HomeMy WebLinkAbout09-098 - Resolutions RESOLUTION NO. 09-098 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY FOR A TYPE 20 OFF-SALE BEER AND WINE LICENSE FOR A PROPOSED MARKET TO BE LOCATED IN AN EXISTING COMMERCIAL CENTER AT THE NORTHWEST CORNER OF MILLIKEN AVENUE AND 4TH STREET IN THE MIXED USE RESIDENTIAL (MUR) DISTRICT, SUBAREA 18, LOCATED AT 9638 MILLIKEN AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 0210-581-04. A. Recitals. 1. A 7-Eleven Market filed an application for a Public Convenience or Necessity determination DRC2009-00334, 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 California 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 3rd day of June 2009, 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 June 3, 2009, including written and oral staff reports, this Council hereby specifically finds as follows: a. A convenience store selling beer and wine for off-site consumption is a common and accepted business practice; and b. The site is located in an existing commercial center on the northwest corner of 4th Street and Milliken Avenue; both streets are classified as major thoroughfares. The site is well-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. Because of the large geographic boundaries of Census Tract 0021 and the concentration of commercial businesses, Census Tract 0021 is over concentrated. 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 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 beer and wine to the proposed store's selection of medicines,food (fresh and pre-packaged) products, beauty products, dairy, and other associated convenience items. 3. Environmental Assessment: The Planning Department staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies as a Class 1 exemption under State CEQA Guidelines Section 15301, which covers the permitting of existing structures that involve negligible or no expansion of use beyond that existing at the time of the lead agency's original determination. The project consists of issuing a Public Convenience or Necessity determination for an existing business with no modification to the interior or the exterior of the building. Staff finds that there is no substantial evidence that the project will have a significant effect on the environment in that the building was intended to be used by a commercial tenant. The City Council has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the staffs determination of exemption. 4. Based upon the findings set forth in Paragraphs 1, 2 and 3 above, and with the condition specified in Section 6, this City Council concludes that the issuance of an off-sale beer and wine license for the 7-Eleven Market will not have a negative impact to the surrounding uses. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3 and 4 above,this City Council hereby determines that with the imposition of the condition specified in Section 6, the issuance of an off-sale beer and wine license for the 7-Eleven Market, located at 9638 Milliken Avenue will service the Public Convenience or Necessity. 6. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, 4 and 5 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 gross floor area of the building. 2. Floor sales of beer and/or wine is prohibited. 3. Any violations of the above-noted conditions shall result in a Code Enforcement action, including, but not limited to, the revocation of the store's business license. 7. The City Clerk shall certify the adoption of this Resolution. Please see the following page for formal adoption,certification and signatures Resolution No. 09-098— Page 2 of 3 PASSED, APPROVED, AND ADOPTED this 3rd day of June 2009. AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None Donald J. Kurth, M.D., Mayor ATTEST: rl lI Ja ice C. Reyr' Ids, City Clerk I, JANICE C. REYNOLDS, 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 3`d day of June 2009. Executed this 4'" day of June 2009, at Rancho Cucamonga, California. - -) , i}v Jani e C. Reynolds, City Clerk Resolution No. 09-098— Page 3 of 3