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HomeMy WebLinkAbout04-301 - ResolutionsRESOLUTION NO.04-301 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY DRC2004-00833 FOR THE ISSUANCE OF A TYPE 47 (ON SALE GENERAL) ALCOHOLIC BEVERAGE LICENSE FOR A 5,500 SQUARE FOOT BUFFALO WILD WINGS GRILL & BAR ON PAD 3 OF THE FOOTHILL CROSSING SHOPPING CENTER, IN THE REGIONAL RELATED OFFICE/COMMERCIAL DISTRICT OF THE VICTORIA COMMUNITY PLAN, LOCATED AT THE SOUTHWEST CORNER OF FOOTHILL BOULEVARD AND DAY CREEK BOULEVARD; AND MAKING FINDINGS IN SUPPORT THEREOF — APN: 0229-021-62, 63, AND 64. A. RECITALS. (1) Buffalo Wild Wings Grill & Bar filed an application for Public Convenience or Necessity DRC2004-00833, as described in the title of this Resolution, for a Type 47 (on sale general) 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 6th 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. NOW, THEREFORE, it is herebyfound, determined, and resolved bythe 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. The serving of beer, wine, and other distilled spirits is a common and accepted business practice; and b. The site is located on the southwest corner of Foothill Boulevard and Day Creek Boulevard, which are designated as major thoroughfares, and the site is suited for this type of business; and Resolution No. 04-301 Page 2 of 3 c. The site is not close to sensitive users, such as day care facilities, schools, and/or churches; and d. Conditional Use Permit DRC2004-00818 is pending review by the City Planner on October 12, 2004, and staff is recommending approval; and e. Rancho Cucamonga residents would be afforded more variety for food services. (3) Based upon the findings set forth in paragraphs 1 and 2 above, this Council concludes that the issuance of an on -site liquor license for Buffalo Wild Wings Grill & Bar 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 Buffalo Wild Wings Grill & Bar 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. 04-301 Page 3 of 3 PASSED, APPROVED, AND ADOPTED this 6th day of October 2004. AYES: Alexander, Gutierrez, Howdyshell, Williams, Kurth NOES: None ABSENT: None ABSTAINED: None r' William J. Alexa der, Mayor, ATTEST: 1 bra J. Ada ; s, C, City Clerk 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 6th day of October 2004. Executed this 7th day of October 2004, at Rancho Cucamonga, California. Debra J. AdamC_QMC, City Clerk