HomeMy WebLinkAbout13-204 - Resolutions RESOLUTION NO. 13-204
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING PUBLIC
CONVENIENCE OR NECESSITY DRC2013-00922, A REQUEST FOR A
PUBLIC CONVENIENCE OR NECESSITY TO PERMIT THE OPERATION
OF A CONVENIENCE/LIQUOR STORE WITH A TYPE 21 OFF-SALE
GENERAL LICENSE IN AN EXISTING TENANT SPACE OF 3,150 SQUARE
FEET WITHIN AN EXISTING SHOPPING CENTER OF 340,000 SQUARE
FEET (7.8 ACRES) WITHIN THE NEIGHBORHOOD COMMERCIAL (NC)
DISTRICT, LOCATED AT THE NORTHEAST CORNER OF
BASE LINE ROAD AND CARNELIAN STREET;AND MAKING FINDINGS IN
SUPPORT THEREOF -APN: 0202-381-28.
A. Recitals.
1. Adeeb Hattar dba Phillip's Liquor filed an application for Public Convenience or Necessity
DRC2013-00922, as described in the title of this Resolution,for a Type 21 Off-Sale General License
from the California 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 18th day of December 2013, 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 18, 2013, including written and oral staff reports, this
Council hereby specifically finds as follows:
a. A small convenience/liquor store selling beer, wine, and distilled spirits is a
common and accepted business.
b. The proposed convenience/liquor store will be within a shopping center that is
suitable for this type of business. The retail sale of alcohol also occurs at Stater Bros.supermarket.
C. The proposed hours of operation will be between 6:00 a.m. and 12:00 a.m.
(midnight) daily. These operating hours are typical for convenience/liquor stores.
Resolution No. 13-204 - Page 1 of 3
d. The site is located within Census Tract 20.15. This census tract is bound by
Base Line Road and Highland Avenue on the south and north,respectively,and by Carnelian Street
and Amethyst Avenue on the west and east, respectively. This census tract is primarily comprised
of residential districts. There are several commercial districts within the subject census tract that are
generally located at major street intersections (such as Base Line Road and Carnelian Street).
e. The site is not close to sensitive uses, such as day care facilities, schools, and/or
churches. The nearest sensitive use is Carnelian Elementary School at 7117 Carnelian Street
located north of the shopping center. The primary entrance of the school is approximately 800 feet
from the primary entrance of the proposed convenience/liquor store.
f. The residents in the vicinity would be provided a more convenient shopping
opportunity as a result of the presence of the applicant's convenience/liquor store.
3. 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 a convenience/liquor
store that is proposed to operate within an existing shopping center. Staff finds that there is no
substantial evidence that the project will have a significant effect on the environment as the site was
intended to be used for commercial purposes such as the one that is proposed. 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 a Type 21 Off-Sale
General Alcoholic Beverage Sales License for Adeeb Hattar dba Phillip's Liquor 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 a Type 21 Off-Sale General Alcoholic Beverage Sales License forAdeeb Hattar dba
Phillip's Liquor 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 special and standard conditions of approval for Conditional Use
Permit DRC2013-00698 shall apply.
7. The City Clerk shall certify the adoption of this Resolution.
Resolution No. 13-204 - Page 2 of 3
PASSED, APPROVED, AND ADOPTED this 181" day of December 2013.
AYES: Alexander, Michael, Spagnolo, Steinorth, Williams
NOES: None
ABSENT: None
ABSTAINED: None
nnis Michael, Mayor.
ATTEST:
Q�� Z--
J ice 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 18'^ day of December 2013.
Executed this 191" day of December 2013, at Rancho Cucamonga, California.
Gf�
J ce C. Reynolds, Ci Clerk
Resolution No. 13-204 - Page 3 of 3