HomeMy WebLinkAbout16-064 - Resolutions RESOLUTION NO. 16-064
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING A
DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY
(DRC2016-00360) FOR ALCOHOLIC BEVERAGE SALES FOR
OFF-SITE CONSUMPTION (TYPE-20 OFF-SALE BEER AND
WINE) FOR A GROCERY STORE (ALDI) LOCATED IN THE
COMMUNITY COMMERCIAL (CC) ZONING DISTRICT OF THE
TERRA VISTA COMMUNITY PLAN AT 11070 FOOTHILL
BOULEVARD -APN: 1077-422-72
A. Recitals.
1. ALDI, INC. filed an application for Public Convenience or Necessity determination
DRC2016-00360 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 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 15th day of June 2016, 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 15, 2016, including written and oral staff reports, this Council
hereby specifically finds as follows:
a. A grocery store with the general sale of alcoholic beverages is a common and
acceptable business practice; and
b. The site is located at 11070 Foothill Boulevard, on the north side of Foothill
Boulevard between Spruce Avenue and Elm Avenue. Foothill Boulevard is designated as a major
thoroughfare and the site is suited for this type of business; and
c. The census tract in which the site is located (20.36) currently contains eight(8)off-
sale ABC licenses, one of which is currently surrendered. This includes two (2) grocery stores, two
(2) retail stores,three(3) gas station convenience stores, and one (1)drug store.Although eight(8)
Resolution No. 16-064 - Page 1 of 3
off-sale licenses exist within this census tract, there are only seven (7) active off-sale licenses
currently in use; and
d. The business is located within a retail shopping center,which does not contain any
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 a grocery store that sells beer and wine.
f. With the imposition of a condition recommended by the City and set forth in
Section5, the retailer will operate the business in a manner that would not result in a change of use
from a market to a liquor store in violation of the City's Development Code.
3. Based upon the findings set forth in paragraphs 1 and 2 above, and with the condition
specified in Section 5, this City Council concludes that the issuance of an off-sale beer and wine
license for Aldi, Inc. will not have a negative impact to the surrounding uses.
4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this
City Council hereby determines that with the imposition of the condition specified in Section 5, the
issuance of an off-sale liquor license for Aldi, Inc.will service the Public Convenience or Necessity.
5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 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% of floor area. Any increase above and
beyond this limit will result in Code Enforcement action and ultimately
to the revocation of the store's business license.
6. The City Clerk shall certify the adoption of this Resolution.
Resolution No. 16-064 - Page 2 of 3
PASSED, APPROVED, AND ADOPTED this 15th day of June 2016.
AYES: Alexander, Kennedy, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
44"
ennis Michael,
ATTEST:
ice C. Reynolds, City • erk
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 15th day of June 2016.
Executed this 16th day of June 2016, at Rancho Cucamonga, California.
4/ '
ice C. Reynolds, City lerk
Resolution No. 16-064 - Page 3 of 3