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HomeMy WebLinkAbout06-053 - Resolutions RESOLUTION NO. 06-053 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY DRC2006-00085 FOR AN ASIAN FOOD STORE IN THE COMMUNITY COMMERCIAL DISTRICT, LOCATED ON THE SOUTHWEST CORNER OF FOOTHILL BOULEVARD AND RAMONA AVENUE AT 9849 FOOTHILL BOULEVARD, UNIT M - APN: 1100-161-04. A. RECITALS. 1. Han Ma Eum Market filed an application for Public Convenience or Necessity determination DRC2006-00085, as described in the title of this Resolution,for a Type 20 (off-sale) 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 1"day of March 2006,the City Council of the City of Rancho Cucamonga reviewed said application prior to the adoption of this Resolution. 4. 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 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 March 1, 2006, including written and oral staff reports, this Council hereby specifically finds as follows: a. A retailer of alcoholic beverages, specialty foods,and other related items is a common and accepted business; and b. The site is located at the southwest corner of Foothill Boulevard and Ramona Avenue; Foothill Boulevard is designated as a major thoroughfare, and the site is suited for this type of business; and Resolution No. 06-053 Page 2 of 3 c. The census tract in which the site is located (0021) also includes the Ontario Mills shopping center in the City of Ontario, which has a large number of restaurants with alcohol licenses. The Ontario Mills shopping center is physically separated from the majority of residential neighborhoods in Rancho Cucamonga by an industrial district, greatly diminishing potential negative effects that an additional alcohol license will have on the City's residential neighborhoods; and d. The site is not close to sensitive users, such as day care facilities, schools, and/or churches; and e. Rancho Cucamonga residents would be afforded more convenient shopping opportunities with the addition of beer and wine to the current selection of Asian food products provided by the market. 3. Based upon the findings set forth in paragraphs 1 and 2 above, this City Council concludes that the issuance of an off-sale beer and wine license for Han Ma Eum Market 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 the issuance of an off-sale liquor license for Han Ma Eum Market 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. 06-053 Page 3 of 3 PASSED, APPROVED, AND ADOPTED this 1't day of March 2006. AYES: Alexander, Gutierrez, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None illiam J. Alexa der, Mayor ATTEST: Debra J. Ada s MC, 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 1't day of March 2006. Executed this 2nd day of March 2006, at Rancho Cucamonga, California. A0&6'C k akw� Debra J. Adam MC, City Clerk