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HomeMy WebLinkAbout05-296 - Resolutions RESOLUTION NO. 05-296 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE AND NECESSITY FOR A TYPE 20 OFF-SALE BEER AND WINE LICENSE FOR A CONVENIENCE STORE IN THE COMMUNITY COMMERCIAL DISTRICT, LOCATED AT 9524 FOOTHILL BOULEVARD - APN: 0208-151-19. A. RECITALS. 1. A-1 Auto care filed an application for Public Convenience and Necessity DRC2005-00808, 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). 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 19th day of October 2005, 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 herebyfound,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 19, 2005, including written and oral staff reports, this Council hereby specifically finds as follows: a. A convenience store selling general food items along with alcoholic beverages is a common and accepted business; and b. The site is located at the north side of Foothill Boulevard and west of Klusman Avenue; Foothill Boulevard is designated as a major thoroughfare. The site was developed as a gas station and car service business with a convenience store, which is suited for this type of business; and Resolution No. 05-296 Page 2 of 3 c. The parcels to the south and east are commercially zoned and developed with commercial uses. The parcels to the north and west are presently under construction with town homes. The addition of beer and wine to the applicant's existing convenience store is predicted to have minimal impact on the traffic flow to the site. This, and the fact that the convenience store closes at 9:00 p.m., should limit any negative effects the proposed sale of beer and wine will have on the surrounding neighborhood; and d. With the addition of alcoholic beverages to the selection of general food items provided by the convenience store, Rancho Cucamonga residents would be afforded more convenient shopping opportunities. 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 A-1 Auto Care 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 A-1 Auto Care will service the Public Convenience and 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. 05-296 Page 3 of 3 PASSED, APPROVED,AND ADOPTED this 19`h day of October 2005. AYES: Alexander, Gutierrez, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None r GGl William JY Mayor ATTEST: Debra J. Adm , CMC, 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 19`h day of October 2005. Executed this 20th day of October 2005, at Rancho Cucamonga, California. D&6Fa J. Ada C, City Clerk