HomeMy WebLinkAbout06-316 - Resolutions RESOLUTION NO. 06-316
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING A
DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY
FOR A TYPE 20 OFF-SALE BEER AND WINE LICENSE FOR A
CONVENIENCE STORE IN THE INDUSTRIAL PARK DISTRICT
(SUBAREA 6), LOCATED ON THE NORTHEAST CORNER OF
HAVEN AVENUE AND JERSEY BOULEVARD-APN: 0209-491-14
A. RECITALS.
1. Nick Nazari, for Haven Car Wash, has filed an application for Public
Convenience or Necessity Determination DRC2006-00848, as described in the
title of this Resolution, for a Type 20 (general off-sales) 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 18th day of October 2006, 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 18, 2006, including written and oral staff
reports, this Council hereby specifically finds as follows:
a. The applicant's business presently consists of a car wash and gas
station. On September 28, 2006, the applicant received approval from
the City to construct and operate a 1,100 square foot convenience store
on the same site. The convenience store will sell packaged foods,
general household items, and beer and wine. They will not sell videos or
have coin-operated amusement devices. The proposed hours of
operation are from 6:00 a.m. to 10:00 p.m., seven days per week; and
b. A retailer of beer and wine, packaged foods, and general household
items is a common and accepted business; and
c. The site is located at the northeast corner of Haven Avenue and Jersey
Boulevard; Haven Avenue is designated as a major thoroughfare and the
site is well suited for this type of business; and
Resolution No. 06-316
Page 2 of 3
d. 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.
e. Staff does not anticipate that the addition of beer and wine sales will
significantly increase traffic flow to the site,with the majority of customers
coming to the site to either refuel or have their vehicles washed; and
f. Rancho Cucamonga residents would be afforded more convenient
shopping opportunities of the convenience store with the addition of beer
and wine to the proposed sales of packaged food and general household
items.
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 Haven Car Wash 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 Haven Car Wash 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. 06-316
Page 3 of 3
PASSED, APPROVED, AND ADOPTED this 18`h day of October 2006.
AYES: Alexander, Gutierrez, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
tU
William J. lexander, Mayor
ATTEST:
Kathryh L. Sc t, CMC, Deputy City Clerk
I, KATHRYN L.SCOTT, DEPUTY 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 181h day of October 2006.
Executed this 1 g`h day of October 2006, at Rancho Cucamonga, California.
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Kathryn L. Scat, CMC, Deputy City Clerk