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HomeMy WebLinkAbout2022-056 - Resolution • • • RESOLUTION NO. 2022-056 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY (DRC2022-00035) FOR ALCOHOLIC BEVERAGE SALES FOR OFF-SITE CONSUMPTION (TYPE-20 OFF-SALE BEER AND WINE) FOR AN INTERNATIONAL BAKERY AND MARKET (L'AUBERGE) LOCATED IN THE COMMUNITY COMMERCIAL (CC) DISTRICT AND THE FOOTHILL BOULEVARD OVERLAY DISTRICT OF THE FOOTHILL BOULEVARD SPECIFIC PLAN AT 12730 FOOTHILL BOULEVARD; AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 1090-601-18 A. Recitals. WHEREAS L'Auberge Bakery and Market filed an application for a Public Convenience or Necessity determination DRC2022-00035 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). Hereinafter in this Resolution, the subject Public Convenience or Necessity request is referred to as "the application." WHEREAS, Section 23958 of the Business and Professional Code requires the City of Rancho Cucamonga to make a determination on whether the issuance of the said license will service the public convenience or necessity. WHEREAS, On the 1st h day of June 2022, the City Council of the City of Rancho Cucamonga reviewed said application prior to the adoption of this Resolution. WHEREAS, 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 public hearing on May 18, 2022, including written and oral staff reports, this Council hereby specifically finds as follows: a. The site is located with Census Tract 20.47 on property addressed 12740 Foothill Boulevard, on the north side of Foothill Boulevard 600 feet west of Etiwanda Avenue; and b. The California Department of Alcoholic Beverages Control permits up to two active off-sale retail licenses to exist within Census Tract 20.47 and four(4) licenses currently exist in the census tract. This includes two service stations (Chevron (8075 Monet Avenue)and Union 76 (11920 Foothill Boulevard)), Beverages and More (12204 Foothill Boulevard)and Raw Class Wine and Spirits (12838 Foothill Boulevard); and Resolution No. 2022-056 - Page 1 of 3 c. The request for a fifth off-sale retail license will overconcentrate the census tract. Pursuant to Business and Professions Code Section 23958.4 an"undue concentration"of off-sale retail license applications exists under either of the following two scenarios: (1) "The applicant premises are located in a crime reporting district that has a 20 percent greater number of reported crimes . . . than the average number of reported crimes as determined from all crime reporting districts within the jurisdiction of the local law enforcement agency;" or (2) "the ratio of off-sale retail licenses to the population in the census tract or census division in which the applicant premises are located exceeds the ratio of off-sale retail licenses to the population in the county in which the applicant premises are located." According to ABC's online database, Census Tract 20.47 has four (4) existing off-sale licenses. This means an undue concentration of off-sale licenses exists within the census tract if another off-sale license is issued; and d. The business is located within a retail shopping center, which does not contain any sensitive users, such as daycare facilities, schools, and/or churches. The project site, though, is directly adjacent to a church that includes a private school; and e. Rancho Cucamonga residents would be afforded more convenient shopping opportunities with the addition of a grocery store that sells beer and wine; and 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; and 3. Based upon the findings set forth in paragraphs 1 and 2 above, and with the Condition of approval specified in Section 5, this City Council concludes that the issuance of an off-sale beer and wine license for L'auberge Bakery and Market will not have a negative impact on 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 L'auberge Bakery and Market will service the Public Convenience or Necessity. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, and 3 above, this City Council hereby approves the request for a Public Convenience or Necessity determination subject to the conditions set forth below, Planning Department: 1. The area devoted to the display and sale of alcoholic beverages shall be limited to a maximum of 10 percent of the net floor area. Any increase above and beyond this limit will result in Code Enforcement action and ultimately the revocation of the store's business license. 6. The City Clerk shall certify the adoption of this Resolution. Resolution No. 2022-056 - Page 2 of 3 PASSED, APPROVED, and ADOPTED this 1st day of June 2022. Apse? aci: 7 . ennis Michael, ayor ATTEST: J ce C. Reynolds, City erk STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a Regular Meeting of said Council held on the 1st day of June 2022. AYES: Hutchison, Kennedy, Michael and Scott NOES: None ABSENT: None ABSTAINED: None Executed this 2nd day of June, 2022, at Rancho Cucamonga, California. nice C. Reynolds, City lerk APPROVED AS TO FORM: Nicholas R. Ghirelli, City Attorney Resolution No. 2022-056 - Page 3 of 3