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HomeMy WebLinkAbout08-219 - Resolutions RESOLUTION NO. 08-219 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONSIDERATION OF A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY DRC2008-00475 FOR A DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL (ABC) TYPE 20 OFF-SALE GENERAL LICENSE FOR A GROCERY STORE IN THE NEIGHBORHOOD COMMERCIAL DISTRICT, LOCATED ON THE EAST SIDE OF HAVEN AVENUE, APPROXIMATELY 250 FEET NORTH OF TOWN CENTER DRIVE; AND MAKING FINDINGS IN SUPPORT THERE OF - APN: 1077- 422-93 A. RECITALS. a. Fresh and Easy Neighborhood Markets filed an application for Public Convenience or Necessity Determination DRC2008-00475, 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). b. 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. c. On the 5th day of November 2008, the City Council of the City of Rancho Cucamonga reviewed said application prior to the adoption of this Resolution. d. All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION. NOW,THEREFORE,itis 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 November 5, 2008, 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 on the east side of Haven Avenue, approximately 250 feet north of Town Center Drive, is designated as a major thoroughfare; and is suited for this type of neighborhood business; and Resolution No. 08-219 Page 2 of 8 c. The census tract, in which the site is located (0020.06), also includes the Terra Vista Town Center, a major shopping area in the City, which has a large number of stores, drug stores, and restaurants with alcohol licenses. The Terra Vista Town Center is physically separated from the majority of residential neighborhoods in Rancho Cucamonga by the major roads Haven Avenue and Church Street, thereby, greatly diminishing potential negative effects that an additional alcohol license may have on the City's residential neighborhoods; and d. The site is not close (over 1,000 feet) 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 beer and wine products provided by the market; and f. With the imposition of a condition recommended by the City and set forth in Section 5 below,the retailer will operate the business in a mannerthatwould not result in a change of use from a market to a liquor store in violation of the City's Development Code. 3. Based upon the findings set forth in Paragraphs 1 and 2 above, and with the condition specified in Section 5 below, this City Council concludes that the issuance of an off-sale beer and wine license for Fresh and Easy Neighborhood Markets 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 with the imposition of the condition specified in Section 5 below, the issuance of an off-sale liquor license for Fresh and Easy Neighborhood Markets will service the Public Convenience or Necessity. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this City Council hereby approves the request for a Public Convenience or Necessity determination subject to each and every condition set forth below. Planning Department 1) This approval is only valid if the City Council approves General Plan Amendment DRC2008-00160 and Terra Vista Community Plan Amendment DRC2008-00161, allowing a change in land use from Office to Neighborhood Commercial use. 2) The area devoted to the display and sale of alcoholic beverages shall be limited to a maximum 10 percent of floor area. Any increase above and beyond this limit will result in Code Enforcement action and ultimately to the revocation of the business license of the store. 3) The use of temporary signs viewable from the exterior including, but not limited to, inflatable objects, banners, paper, or painted window signs advertising alcoholic beverages shall be prohibited. Resolution No. 08-219 Page 3 of 8 4) Compliance with all the limitations and requirements outlined in the Applicant's Representative letter (Evergreen Real Estate Development)dated May 21, 2008, as amended and attached hereto as Exhibit A. 5) Compliance with all applicable conditions of approval for Conditional Use Permit DRC2008-00163 as approved by the Planning Commission on September 24, 2008. 6. The City Clerk shall certify the adoption of this Resolution. Please see the following page for formal adoption,certification and signatures Resolution No. 08-219 Page 4 of 8 PASSED, APPROVED, AND ADOPTED this 5`h day of November 2008. AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None Ddhald J. Kurth, M.D., ayor ATTEST: a� Kat ryn L. $cott, CMC, Acting City Clerk I, KATHRYN L. SCOTT,ACTING 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 5th day of November 2008. Executed this 6th day of November 2008, at Rancho Cucamonga, California. C( � sw— Kathro L. Sdbft, CMC, Acting City Clerk Resolution No. 08-219 Page 5 of 8 EVE RGaREEN Zoos 4 C:m<Ibaei RC Svrt<Flo Phnemx ♦n:nnx xxntn P an: xnx N-7-.F: •T±xo -erre N x')' aMaryland avx iahe 161 GixnAsix.GLi.rn:a n:)o.. Pn�u� .F ax:u� uL Mac 21,2(X)8 Mr.lathes R.Troyer Planning Director 10500 Civic Center Dr. Rancho Cucamonga,CA 917.30 Subject: CUP Application for Haven &Town Center—Fresh&Easy Type 20 License Dear Mr. Troyer: In support of its application for an Off Sale General license at the above referenced location,Fresh&Easy Neighborhood Market Inc. submits the following information regarding how its store will not interfere with its neighbors'quiet enjoyment of their property. Tesco PLC is a United Kingdom based international supermarket chain. It is the largest British retailer,both by global sales and by domestic marker share,and the fourth largest retailer in the world. Currently,Tesco operates over 2,700 stores world wide and gross sale of over$71 Billion. As of now,Tesco operates grocery stores in The United Kingdom, Ireland,China,Czech Republic,France,Hungre,Japan,Malaysia, nd, PolaSlovakia,South Kores,Thailand,and Turkey. Fresh& Easv will be a responsible retailer of alcoholic beverages. We've put considerable investment into our systems and training to make sure alcohol is only sold to people of an appropriate age. Our selection of alcohol is designed to compliment our range of products —for example,shoppers can pick up a bottle of chardonnay and chicken lasagna on their way home from work. We also do not sell tobacco products in our stores. Moreover, the sale of alcoholic beverages is not our primary purpose. In accordance with our marketing standards and state law,Fresh& L•'asy will adhere to the following retail operating standards: BASIS FOR SUPPORTING OFF-SITE ALCOHOLIC BEVERAGE SALES AS AN INTERGAL PART OF THE PROPOSED PROJECT 1. The convenience of Fresh &EaWs Neighborhood Market Conccnt Fresh& Easy's success is largely a result of building heal businesses with local people. Fresh& Fasy Plans to hire all employees locally offering competitive pay and great benefits for all employees working over 20 hours per week. The stores reflect the markets and communities they serve and therefore we would like to reserve the right to operate 24hours a day,but everywhere the goal is the same,to bring quality,service,and choice,at a competitive price, to the hear of local neighborhoods. Fresh & Fasy proposes to build a neighborhood grocery market that provides a large diversity of food. A Fresh&F.asy Neighborhood Market is intended to provide a broad array of products for the consumer's convenience. Fresh&Easy plans to offer an extensive inventory with the aim of fulfilling their customers'everyday grocery needs. They will stock a wide range or both fresh and Resolution No. 08-219 Page 6 of 8 !!I� EVERGRE EN nN 10AM mreLwY1Y* 1190 E C.n.6atn ad Smt.a 10-Phve.m..Arizu na 830 16.P.9a110..1"4 F,do 1.a ae b00 :AG N MarvM1nd A— S.uc 101 -Gic.d.k QLLrom,a I,,".P:111 1.0 C37.F.al l230 1 fol ambient lines including dairy,meat,fresh fruit and vegetables,baked goods and other groeeev items. Fresh&liasy will invest in modernizing the store and improving the overall image of the budding. Although alcoholic beverages are expected to comprise a small percent of the store shelf-space,it is nevertheless necessary in order to provide Fresh &liasy customers with a complete ranhm of products. 'thus, alcoholic beverages are a key element of the Fresh& liasy Neighborhood Market store. By providing a whole host of products,including alcoholic beverages,readily available m the consumer at this fresh& Easy store, the public convenience of the area will certainly be served. Without it,a customer may be obliged to travel to a range of retail outlets in order to complete his weekly shopping. 2. Security and Control Fresh&Easy is committed to taking all feasible steps to address law enforcement concerns about the site. In addition,Fresh& Easy has an extensive employee-training program and is a responsible retailer of alcoholic beverages. Moreover,the sale of alcoholic beverages is not our primary purpose. Fresh&Easy facilities are designed to provide a safe environment for patrons and employees. To that end,the following design elements are incorporated into our security plan. Security measures include: adequate lighting levels both on the interior and exterior of the store,employee supervision of the facility,and closed circuit video monitoring system-with cameras located strategically throughout the property. Fresh&Easy understands the importance of maintaining the appearance of a facility to both expanding our customer base and preventing criminal activity. Fresh& Easy's store and property maintenance program includes timely graffiti and liner removal,repairs to structures and replacement of dead or diseased plant material,signs and curb painting to encourage parking in designated parking spaces and strategic trash receptacle placement. Fresh&Easy is committed to a neighborhood grocery market that allows for safe family oriented shopping. This is achieved by placing large windows along the front of the building so that passing motorists and police have a direct view into the facility. Fresh& Easy will: 1. Mount a video camera inside the premises in such a position as to be visible to patrons yet not accessible by reach. 2. Post in English and the predominant language of the facility's clientele a notice char California state law prohibits the sale of alcoholic beverages to persons who are under the age of twenty-one (21)years and no such sales will be made. 3. Ensure that no more tha percent of the square footage of the windows and clear doors —advertisinga y sort,and all advertising and signage shall be placed and > maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the premises,including the area in which the cash registers are maintained, from the exterior public sidewalk or entrance. 4. Post and maintain a professional quality sign stating"No loitering is allowed on or in front of these premises." 5. Post and maintain a professional quality sign stating"No open alcoholic beverage r IF Resolution No. 08-219 Page 7 of 8 EVERGREEN re.Y unn orvnorlYwe 1190 k Ca.Obne Rd Sul.110-Phoenix Artauna tl016 P�{0].t01 t60D.F.6W.tOt 9100 200 N Marv6nd Avr Surae 3a1 Glendda,(]b(ornb 91]06 P:{1 Y.110.03' is{It?{O.I til containers arc allowed on these premises." G. Equip the parking lot of the premises with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Additionally,the position of such lighting shall not disturb the normal privacy and use of any neighboring residences. 7. Any graffiri painted or marked upon the premises shall be removed or painted over within 120 hours of discovery thereof, B. Litter shall be removed daily from the premises,including adjacent public sidewalks and all parking areas under the control of the licensee. 9. All areas under control of the licensee shall be swept or cleaned,either mechanically or manually,on a weekly basis to control debris. 10. If location becomes a high gathering spot,the management shall comply with any request by the Police Department that the Department feels necessary,in order to keep the peace. 11. All store employees are trained with the'1'IPS (Training for Intervention Procedures) liquor awareness training program. 12. All beer is sold in quantities of six packs or larger. Fresh&Easy recognizes the seriousness of loitering,delinquency,crime and underage drinking. 'Therefore,Fresh&Easy markets have developed stringent operational standards and training programs to teach techniques for the lawful selling of alcoholic beverages.Also,fresh&F-asy requires all employees selling alcoholic beverages to execute an ADC."Clerk's Affidavit"(ABC-299) which contains a review of ABC laws. 3. The site will not result in an adverse impact on public health,safety,or welfare Presently,the site does not negatively impact public health,safety,or welfare. In fact,by providing new safe and convenient location to make grocers purchases,public health,safety,and welfare have been advanced by this site. The addition of selling alcoholic beverages will not change this. But beyond this,it should be noted that Fresh&Easy has a very extensive training program for its employees to help ensure that it is a responsible retailer of alcoholic beverages. 'There are both oral and written aspects to Fresh& F-asc's training program to ensure that employees understand and implement the procedures imposed by Fresh&Easy to comply with ABC laws and regulations. In short,Fresh & Easy is committed to protecting the public health,safety,and welfare of the community,and will take appropriate steps to do so. CONCLUSION Fresh& Easy will not interfere with the residents'quiet enjoyment of their property because the premises will be improved as necessary for the conduct of this type of business,and will agree to conditions that will ensure that the store is operated in a manner that prevents an adverse impact on the neighborhood. Permitting the sale of alcoholic beverages at this site will'round-out'Fresh& Easy's neighborhood market concept,providing customers the added convenience to make purchases of alcoholic beverages along with their weekly grocery needs.Fresh& Essy, by reason of its location, character,manner and method of Resolution No. 08-219 Page 8 of 8 EVERGREEN nu cure Orvn Ortae0l 1190 E Gndbauk Rd.Sdta 410-Phovau.Arlsena 81016 P.402.4O8 490n F.d0:90,91" 200 N Marvlaad Aro.iulte 201 -Glendale,(AlOnrnis 01309 P,All 344.9827.F, It 2.0 1423 operation,merchandise,and potential clientele,will serve the community of Rancho Cucamonga. Based on the foregoing,Fresh& Easy Neighborhood Market, Inc. respectfully requests that the City of Rancho Cucamonga grant a finding of Public Need and Convenience for the Fresh& Easy alcoholic beverage license. Please send a letter confirming the City's response to this request to the following address Sin ( ed ndrew S. C � Evergreen U cu,Inc. Project Manager 2390 East Camelback Road,Suite 410 Phoenix,Arizona 85016 p:602.808.86DO I f. 602.384.2231 direct 602.384.2230 1 in: 623.523.3943 andy.call r ergreendev.com www.evergreendev.corn For Fresh&Easy Neighborhood Market Inc.