HomeMy WebLinkAbout02-130 - Resolutions RESOLUTION NO. 02-130
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING A
DETERMINATION OF PUBLIC CONVENIENCE AND NECESSITY
DRC2002-00198, A REQUEST TO MAKE A DETERMINATION OF
PUBLIC CONVENIENCE AND NECESSITY FOR THE ISSUANCE
OF A TYPE 21 ALCOHOLIC BEVERAGE LICENSE FOR OFF
PREMISES LIQUOR CONSUMPTION IN AN EXISTING 2500
SQUARE FOOT MARKET IN THE COMMUNITY COMMERCIAL
DISTRICT (SUBAREA 4), LOCATED AT 12838 FOOTHILL
BOULEVARD. RELATED FILES: DRC2001-00269 AND DRC2001-
00651. APN: 227-221-25
A. RECITALS.
1. Sam Massry of Global Management and Development filed an application for a
Type 21 Alcohol Beverage Control (ABC)license(beer,wine,and distilled spirits
for off-site consumption) from the Department of Alcoholic Beverage Control.
2. On November 27, 2001, the City Planner of the City of Rancho Cucamonga
conducted a duly noticed public hearing for a Conditional Use Permit to allow a
Type 21 ABC license and approved said Conditional Use Permit.
3. 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.
4. On May 1, 2002, the City Council of the City of Rancho Cucamonga reviewed
said application prior to the adoption of this Resolution.
5. 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
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 1, 2002, including written and oral staff reports,
together with public testimony, this Council hereby specifically finds as follows:
a. The selling of beer,wine, and distilled spirits for off-site consumption is a
common and accepted business practice at mini-market retail stores;and
b. The site, located at 12838 Foothill Boulevard, is along a major arterial
and is suited for this type of retail sales, including beer,wine,and distilled
spirits for off-site consumption; and
c. On November 27,2002, DRC2001-00651, a Conditional Use Permit was
approved for a Type 21 ABC license,allowing the sale of beer,wine,and
distilled spirits for off-site consumption within Cheers Liquor(formerly 7-
Day Market), located at 12838 Foothill Boulevard; and
Resolution No. 02-130
Page 2 of 3
d. Rancho Cucamonga residents would be afforded additional opportunities
for personal and convenience items and services.
e. The sale of beer and wine has occurred at this site under previous
owners, even prior to the City's incorporation.
3. Based upon the findings set forth in paragraphs 1 and 2 above, this Council
concludes that the sale of beer,wine, and distilled spirits for off-site consumption
within an existing mini-market retail store at 12838 Foothill Boulevard in the
Community Commercial District (Subarea 4) 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 Council hereby determines that the issuance of a beer and wine
license for off-site consumption within an existing mini-market retail store,
located at 12838 Foothill Boulevard will serve the public convenience and
necessity.
5. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this 1 t day of May 2002.
AYES: Alexander, Biane, Curatalo, Dutton, Williams
NOES: None
ABSENT: None
ABSTAINED: None
William J lexander, M yor
ATTEST:
bbbra J. Adam , CMC, City Clerk
Resolution No. 02-130
Page 3 of 3
I, DEBRA J.ADAMS,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 1 s`day of May 2002.
Executed this 2nd day of May 2002, at Rancho Cucamonga, California.
D a . Adams, WC, City Clerk