HomeMy WebLinkAbout09-225 - Resolutions RESOLUTION NO. 09-225
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA,CALIFORNIA,APPROVING A REQUEST
FOR A PUBLIC CONVENIENCE OR NECESSITY DETERMINATION
FOR A TYPE 21 OFF-SALE GENERAL ALCOHOLIC BEVERAGE
SALES LICENSE FOR AN EXISTING MARKET LOCATED IN A
COMMERCIAL CENTER ON THE SOUTH SIDE OF FOOTHILL
BOULEVARD BETWEEN HELMS AVENUE AND MALACHITE
AVENUE IN THE COMMUNITY COMMERCIAL (CC) DISTRICT
(SUBAREA 3) OF THE FOOTHILL BOULEVARD DISTRICTS: AND
MAKING FINDINGS IN SUPPORT THEREOF -APN: 0208-261-56.
A. Recitals.
1. Fiesta Americana Market filed an application for Public Convenience or Necessity
determination DRC2009-00847, as described in the title of this Resolution, for a Type 21 (Off-Sale
General) 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 2nd day of December 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 December 2, 2009, including written and oral staff reports, this
Council hereby specifically finds as follows:
a. A small grocery store selling beer, wine, and distilled spirits is a common and
accepted business; and
b. The site is located in a commercial center on the south side of Foothill Boulevard
between Helms Avenue and Malachite Avenue. Foothill Boulevard is designated as a major
thoroughfare, and the site is well suited for this type of business; and
C. The Census Tract in which the site is located (0021) includes many retail
businesses with existing Off-Sale alcohol licenses adjacent to the Ontario Mills Shopping Center in
the City of Ontario. The 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. 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, wine and distilled spirits to the current selection of meat,
produce and packaged food products in the market.
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 staff's 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 General alcoholic
beverage sales license for Fiesta Americana 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 General alcoholic beverage sales license for Fiesta Americana Market
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 floor area. Any increase above
and beyond this limit will result in Code Enforcement action and
ultimately to the revocation of the business license of Fiesta American
Market.
7. The City Clerk shall certify the adoption of this Resolution.
Please see the following page
for formal adoption,certification and signatures
Resolution No. 09-225 — Page 2 of 3
PASSED, APPROVED, AND ADOPTED this 2nd day of December 2009.
AYES: Gutierrez, Kurth, Michael, Williams
NOES: None
ABSENT: Spagnolo
ABSTAINED: None
l�
Donald J. Kurth, MD., Mayor
ATTEST:
Ja ice C. Reynolds, CityClerk'
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 2nd day of December 2009.
Executed this 3`d day of December 2009, at Rancho Cucamonga, California.
1P Janice-C. Reynolds, City Clerk
Resolution No. 09-225 - Page 3 of 3