HomeMy WebLinkAbout07-121 - Resolutions RESOLUTION NO. 07-121
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING
CONSIDERATION OF A PUBLIC CONVENIECE NECESSITY
DETERMINATION DRC2007-00374 FOR A TYPE 20 OFF-SALE
BEER AND WINE LICENSE FOR A CONVENIENCE STORE
APPROVED UNDER CONDITIONAL USE PERMIT DRC2003-
00510 IN THE COMMUNITY COMMERCIAL DISTRICT, TO BE
LOCATED ON THE SOUTHEAST CORNER OF FOOTHILL
BOULEVARD AND ETIWANDA AVENUE; AND MAKING
FINDINGS IN SUPPORT THEREOF—APN: 0229-311-14 AND 15
A. RECITALS.
1. Circle K Stores, Inc., has filed an application for the consideration of a Public
Convenience Necessity Determination DRC2007-00374, as described in the title
of this Resolution, for a Type 20 (beer and wine off-sale) license from the
Department of Alcoholic Beverage Control (ABC), at a convenience store to be
built at the southeast corner of Foothill Boulevard and Etiwanda Avenue.
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 June 2007, 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 June 6, 2007, including written and oral staff
reports, this Council hereby specifically finds as follows:
a. The applicant's business presently consists of a convenience store in
conjunction with a gas station. On December 13, 2006, the applicant
received approval from the City to construct and operate a 2,976 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 24 hours per day, seven days per week; and
Resolution No. 07-121
Page 2 of 3
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 southeast corner of Foothill Boulevard and
Etiwanda Avenue; both streets are designated as a major thoroughfare and
the site is well suited for this type of business; and
d. The census tract in which the site is located (0022.03) includes many
commercial centers in the cities of Rancho Cucamonga and Ontario, with a
number of restaurants with alcohol licenses. These centers are physically
separated from the majority of residential neighborhoods in Rancho
Cucamonga by an industrial district and the Interstate 15 Freeway, 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 re-fuel their vehicles; and
f. Rancho Cucamonga residents would be afforded more convenient shopping
opportunities with the addition of beer and wine to the proposed sales of
packaged food and general household items of the convenience store.
3. Based upon the findings set forth in Paragraphs 1 and 2 above, this Council
concludes that the issuance of an off-sale beer and wine license for Circle K
Stores, Inc., 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 beer and
wine license for Circle K Stores, Inc., 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. 07-121
Page 3 of 3
PASSED, APPROVED, AND ADOPTED this 6`" day of June 2007.
AYES: Gutierrez, Michael, Spagnolo, Williams
NOES: None
ABSENT: Kurth
ABSTAINED: None
Diane Williams, Mayor Pro Tem
ATTEST:
Al,
Debra J. AA_m4, 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 6`" day of June 2007.
Executed this 7`h day of June 2007, at Rancho Cucamonga, California.
P
Debra J. s, CMC, City Clerk