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HomeMy WebLinkAbout04-300 - ResolutionsRESOLUTION NO. 04-300 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY DRC2004-00911 FOR THE ISSUANCE OF A TYPE 20 (OFF SALE BEER AND WINE) ALCOHOLIC BEVERAGE LICENSE FOR SEARS GRAND, LLC IN THE FOOTHILL CROSSING SHOPPING CENTER, LOCATED AT THE SOUTHWEST CORNER OF FOOTHILL AND DAY CREEK BOULEVARDS, WITHIN THE REGIONAL RELATED OFFICE/COMMERCIAL DISTRICT OF THE VICTORIA COMMUNITY PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF — APN: 0229-021-62, 63, AND 64. A. RECITALS. (1) Sears Grand, LLC filed an application for Public Convenience or Necessity DRC2004-00911, as described in the title of this Resolution, for a Type 20 (off site sale of 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 61" day of October 2004, 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 October 6, 2004, including written and oral staff reports, this Council hereby specifically finds as follows: a. A retailer store selling beer, wine, and other related items is a common and accepted business; and b. The site is located on the southwest corner of Foothill and Day Creek Boulevards, which are designated as major thoroughfares, and the site is suited for this type of business; and Resolution No. 04-300 Page 2of 3 c The site is not close to sensitive users, such as day care facilities, schools, and/or churches; and d. Rancho Cucamonga residents would be afforded more shopping opportunities for personal and convenience items and services. (3) Based upon the findings set forth in paragraphs 1 and 2 above, this Council concludes that the issuance of an off sale liquor license for Sears Grand, LLC 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 an off sale liquor license for Sears Grand, LLC will service the Public Convenience or Necessity. (5) The City Clerk shall certify the adoption of this Resolution. Please see the following page for formal adoption, certification and signatures Resolution No. O4-3OO Page 3Of3 PASSED, APPROVED, AND ADOPTED this 6th day of October 2004. AYES: Alexander, Gutierrez, HOvvdySh8U'VViUk]nls' Kurth NOES: None ABSENT: None ABSTAINED: None Debra J. Adar6vtMC, City Clerk |'DEBRAJ.ADAMS,CITY CLERK ofthe City ofRancho Cucamonga, California, do h8[8hv certify that the foregoing ReSO|UbOD was duly p8SS8d. 8pp[OV8d and adopted by the City Council Ofthe City UfRancho Cucamonga, California, 8t@Regular Meeting Ofsaid City Council held 0Dthe 8"'day OfOctober 2O04. Executed this 7thday OfOctober 2OO4.8tRancho Cucamonga, California. D�bra J. Adams, (GMC, City Clerk