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HomeMy WebLinkAbout17-023 - Resolutions - PUBLIC CONVENIENCE OR NECESSITY DRC2016-01038 FORRESOLUTION NO. 17-023 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY DRC2016-01038 FOR ALCOHOLIC BEVERAGE SALES FOR OFF-SITE CONSUMPTION (TYPE -20 OFF -SALE BEER AND WINE) FOR A GROCERY STORE (SPROUTS FARMERS MARKET) LOCATED IN THE NEIGHBORHOOD COMMERCIAL (NC) DISTRICT AT 6753 CARNELIAN STREET - APN: 0202-541-62. A. Recitals. 1. Sprouts Farmers Market filed an application for Public Convenience or Necessity determination DRC2016-01038 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 1st day of March 2017, 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 March 1, 2017, 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 6753 Carnelian Street, on the southeast corner of Carnelian Street and 19th Street within a retail shopping center. The Neighborhood Commercial (NC) district allows for various commercial uses, including grocery stores; and Resolution No. 17-023- Page 1 of 3 CITY COUNCIL RESOLUTION NO. 17-023 PUBLIC CONVENIENCE OR NECESSITY DRC2016-01038 — SPROUTS FARMERS MARKET March 1, 2017 Page 2 c. The census tract in which the site is located (20.15) currently contains four (4) off - sale ABC licenses. This includes one (1) grocery store, one (1) drug store, and two (2) retail stores; 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 Section 5, 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 Sprouts Farmers Market, 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 Sprouts Farmers Market, 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. Plannina 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. 17-023- Page 2 of 3 CITY COUNCIL RESOLUTION NO. 17-023 PUBLIC CONVENIENCE OR NECESSITY DRC2016-01038 - SPROUTS FARMERS MARKET March 1, 2017 Page 3 PASSED, APPROVED, AND ADOPTED this 1st day of March 2017. ATTEST: ice C. Reynolds, Cit Clerk dA STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) enichael, ayor 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 1St day of March 2017, by the following roll call vote, to wit: AYES: Alexander, Kennedy, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None Executed this 1St day of March 2017, at Rancho Cucamonga, California. -e-eA nice C. Reynolds, Citi Clerk Resolution No. 17-023- Page 3 of 3