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HomeMy WebLinkAbout09-149 - Resolutions RESOLUTION NO. 09-149 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE AND/OR NECESSITY DRC2009-00262 FOR A TYPE 20 ALCOHOL BEVERAGE LICENSE TO ALLOW THE SALE OF PACKAGED BEER AND WINE FOR OFF-SITE CONSUMPTION AT AN ARCO AM/PM CONVENIENCE STORE/GAS STATION THAT WILL BE LOCATED WITHIN A COMMERCIAL CENTER ON 2.07 ACRES OF LAND IN THE GENERAL INDUSTRIAL(GI) DISTRICT(SUBAREA 8), LOCATED AT THE SOUTHEAST CORNER OF ETIWANDA AVENUE AND ARROW ROUTE; APN: 0229-141-10 AND -11. A. Recitals. 1. Smash LLC, an ARCO AM/PM franchisee, has filed an application for a Public Convenience or Necessity determination DRC2009-00262, 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 January 9, 2008,the Planning Commission conducted a public hearing and approved Conditional Use Permit DRC2006-00580, a land use entitlement for a convenience store/gas station and carwash, and fast food restaurant. 4. On the 5th day of August 2009, the City Council of the City of Rancho Cucamonga reviewed said application prior to the adoption of this Resolution. 5. 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 August 5, 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. There are numerous convenience stores throughout the City that sell beer and wine for off-site consumption; and b. The site is located at the southeast corner of Arrow Route and Etiwanda Avenue. Both streets are classified as major arterials, and the site is well-suited for this type of business; and C. Approximately % of the Census Tract in which the site is located (0022.03) is located within the City of Ontario. It extends as far south as the Pomona Freeway (SR-60), about 5.5 miles to the south of the project site, and as far west as Ontario International Airport. The tract includes numerous commercial centers, restaurants, and gas stations with alcohol licenses. The portion of this tract that is within the City consists mostly of industrial uses as opposed to residential uses. Because of the large geographic boundaries of Census Tract 0022.03, the number of commercial sites, and the relatively low population of the census tract, Census Tract 0022.03 is overly-concentrated; and d. The site is not close to sensitive users, such as day care facilities, schools, and/or churches. The project will be the only commercial development in the immediate general area; the nearest commercial development is 1/4 mile to the north. The site is bound to the west and south by industrial uses, the property to the east is vacant, and to the north across Arrow Route is an apartment complex; and e. Rancho Cucamonga residents and employees/visitors of surrounding businesses would be afforded more convenient shopping opportunities with the inclusion of beer and wine to the proposed convenience store's selection of medicines, food products, beauty products, dairy items and other associated items. 3. Environmental Assessment: Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City adopted a Mitigated Negative Declaration in January 2008 in connection with the City's approval of Conditional Use Permit DRC2006-00580. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project unless: (i)substantial changes are proposed to the project that indicate new or more severe impacts on the environment; (ii) substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts; or (iii) new important information shows the project will have new or more severe impacts than previously considered; or (iv) additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. Staff has evaluated the Public Convenience or Necessity and concludes that substantial changes to the project or changes in the circumstances surrounding the project have not occurred which would create new or more severe impacts than those evaluated in the previous Mitigated Negative Declaration. The original Conditional Use Permit included discussion and analysis of a convenience store with Type 20 alcohol sales. Type 20 alcohol sales were part of the applicant's initial proposal for the project site. Staff further finds that the project will not have one or more significant effects not discussed in the previous Mitigated Negative Declaration, not have more severe effects than previously analyzed, and that additional or different mitigation measures are not required to reduce the impacts of the project to a level of less than significant. The inclusion of Type 20 alcohol sales does not cause any physical changes to the project site, the buildings, or any related improvements. No new construction is required to accommodate Type 20 alcohol sales. The City Council has reviewed the Planning Department's determination, and based on its own independent judgment, concurs in the staffs determination. Resolution No. 09-149 — Page 2 of 4 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 Smash LLC (ARCO AM/PM) 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 conditions specified in Section 6, the issuance of an off-sale beer and wine license for Smash LLC (ARCO AM/PM) 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. All conditions of approval for Conditional Use Permit DRC2006- 00580 shall apply. 2. 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. 09-149 — Page 3 of 4 PASSED, APPROVED, AND ADOPTED this 5`h day of August 2009. AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None Donald J. Ku .D., Mayor ATTEST: nice C. Reynolds, CWy 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 5`h day of August 2009. Executed this 6`h day of August 2009, at Rancho Cucamonga, California. Oh ice C. Reynolds, City Gwlerk Resolution No. 09-149 - Page 4 of 4