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HomeMy WebLinkAbout12-069 - Resolutions RESOLUTION NO. 12-069 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY FOR AN UPGRADE FROM A TYPE 20 OFF-SALE BEER AND WINE LICENSE TO A TYPE 21 OFF- SALE GENERAL LICENSE FOR AN EXISTING RETAIL STORE LCOATED IN THE COMMUNITY COMMERCIAL (CC) DISTRICT OF THE TERRA VISTA COMMUNITY PLAN, LOCATED AT 10576 FOOTHILL BOULEVARD -APN: 1077-422-66. A. Recitals. 1. Target Corporation filed an application for a Public Convenience or Necessity determination DRC2012-00249, as described in the title of this Resolution, for an upgrade from a Type 20 (Off-Sale Beer and Wine) license to a Type 21 (Off-Sale Distilled Spirits) 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 May 2, 2012, the City Council of the City of Rancho Cucamonga reviewed said application prior to the adoption of this Resolution. 4. All legal prerequisites prior 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 substantial evidence presented to this Council,during the above-referenced meeting on May 2, 2012, including written and oral staff reports, this Council hereby makes the following findings and facts: a. Adding the sale of distilled spirits to an existing store selling beer and wine for off- site consumption is a common and accepted business practice. b. The site is located in an existing commercial center on the north side of Foothill Boulevard. Foothill Boulevard is designated as a major thoroughfare, and the site is well-suited for this type of business. C. The Census Tract in which the site is located(0020.06), also includes various other retail businesses such as Hobby Lobby and Big 5 Sporting Goods, plus a variety of eating establishments with alcohol licenses. d. The retail site which currently sells alcoholic beverages is just over 1,000 feet from the Calvary Chapel Church and school and has not had issues in the past. The total anticipated sales of all alcoholic beverages from the site will be approximately 3 percent and less than 5 percent of the floor area will be dedicated to display of alcoholic beverages. e. Rancho Cucamonga residents would be afforded more convenient shopping opportunities with the addition of distilled spirits to the store's current selection of beer and wine, meat, produce and packaged food products. f. According to the ABC staff, the off-sale and on-sale licenses within this Census Tract (0020.06) total 10. The limit within this Census Tract is 8; accordingly, the Census Tract is over-concentrated by 2 licenses, which necessitates a finding of Public Convenience or Necessity for any additional licenses. 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 distilled spirits Type 21 license for Target 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 Type 21 off-sale distilled spirits for Target 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 5 percent of the floor area. Any increase above and beyond this limit will 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. 12-069 - Page 2 of 3 PASSED, APPROVED, AND ADOPTED this 2nd day of May 2012. AYES: Alexander, Buquet, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None y r�b& 4Z L. Dennis Michael, Mayor ATTEST: �&� G< xnn nice C. Reynolds, City Jerk 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 May 2012. Executed this 3d day of May 2012, at Rancho Cucamonga, California. (1W'L Mice C. Reynolds, Ci Jerk Resolution No. 12-069 - Page 3 of 3