HomeMy WebLinkAbout2023-029 - ResolutionRESOLUTION NO. 2023-029
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF
PUBLIC CONVENIENCE OR NECESSITY (DRC2022-00385) FOR
ALCOHOLIC BEVERAGE SALES FOR OFF -SITE CONSUMPTION
(TYPE-20 OFF -SALE BEER AND WINE) FOR A GROCERY STORE
(METRO SUPERMARKET) LOCATED IN THE CENTER 2 (CE2) ZONE AT
8160 DAY CREEK BOULEVARD; AND MAKING FINDINGS IN SUPPORT
THEREOF— APN: 0229-021.73
WHEREAS, Metro Supermarket, filed an application for a Public Convenience or Necessity
determination DRC2022-00385 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 15th day of March 2023, 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.
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 March 15, 2023, including written and oral staff reports, this Council
hereby specifically finds as follows:
a. The site is located with Census Tract 22.07 on property addressed 8160 Day Creek
Boulevard, on the south side of Foothill Boulevard; and
b. The California Department of Alcoholic Beverages Control permits up to four (4)
active off -sale retail licenses to exist within Census Tract 22.07 and five (5) licenses
currently exist in the census tract; and
The request for a 6th 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 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 population in the census tract or census division in which the applicant
premises are located exceeds the ratio of off -sale retail licenses to population in the
county in which the applicant premises are located" According to ABC's online
database, Census Tract 22.07 has five (5) existing off -sale licenses. This means an
Resolution No. 2023-029 — Page 1 of 3
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 day care facilities, schools, and/or churches; and
e. The business will not operate 24-hours a day as the proposed hours of operation
are Monday to Sunday from 8:00 am to 9:00 pm.
f. The business will provide for crime prevention through environmental design
measures as recommended by the Police Department and approved by the
Planning Department.
g. The business is proposed to be located within an existing commercial tenant space
which is designed to facilitate efficient emergency response pursuant to Crime
Prevention Through Environmental Design best practices. No improvements
associated with the proposed PCN will result in adverse circumstances which will
prohibit or delay adequate crime prevention measures.
h. Rancho Cucamonga residents would be afforded more convenient opportunities
with the addition of a new grocery store that sells international food (Asian products)
in addition to beer and wine to the current selection of off -sale retail locations; and
i. 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
specified in Section 5, this City Council concludes that the issuance of an off -sale beer and
wine license for Metro Supermarket 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 Metro Supermarket 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 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. 2023-029 — Page 2 of 3
PASSED, APPROVED, and ADOPTED this 151h day of March, 2023.
Lyho Kenn dy, Mayor —Fro Tern
ATTEST:
l'i._: vLiL'-1 �4
17iice C. Reynolds, City Zlerk
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO ) as
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 15'h day of March, 2023.
AYES:
Hutchison, Kennedy, Scott, Stickler
NOES:
None
ABSENT:
Michael
ABSTAINED: None
Executed this 16'h day of March, 2023, at Rancho Cucamonga, California.
oOi1fA,� � y�ShW,P(�d
Ja ce C. Reynolds, City Clerk
Resolution No. 2023-029 — Page 3 of 3