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HomeMy WebLinkAbout09-009 - Resolutions RESOLUTION NO. 09-009 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 GENERAL INDUSTRIAL DISTRICT(SUBAREAI),LOCATED ON THE SOUTHWEST CORNER OF VINEYARD AVENUE AND ARROW ROUTE, APN: 0207-262-48. A. Recitals. 1. Sharif Ahmad has filed an application for a Public Convenience or Necessity Determination DRC2008-01038, 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 21st day of January 2009, 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 January 21, 2009, including written and oral staff reports,this Council hereby specifically finds as follows: a. The applicant's business presently consists of a gas station and a convenience store. The applicant proposes to sell beer and wine in addition to packaged foods and general household items. The business will not sell videos or have coin-operated amusement devices. The gas station and convenience store will operate 24 hours, seven days a week, with the sale of beer and wine prohibited from 2:00 a.m. to 7:00 a.m.; 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 southwest corner of Vineyard Avenue and Arrow Route and is an existing gas station with a convenience store. The business was sold in January 2008, and the existing liquor license expired due to non-renewal and transfer. The new owners are requesting the new alcohol license as the selling of off-site beer and wine is an accepted use for this type of business and was allowed in the past; and d. The census tract in which this business is located (0021) has 35 existing businesses with alcohol licenses. The site is not close to sensitive users, such as day care facilities, schools, and/or churches. Resolution No. 09-009 Page 2 of 3 e. Staff does not anticipate that the addition of beer and wine sales will significantly increase traffic flow to the business, with the majority of customers coming to refuel; and f. Rancho Cucamonga residents would be afforded a common shopping opportunity with the addition of beer and wine to the market's selection of packaged foods and general household items. g. Beer and wine sales are not permitted on the sales floor and are limited to 50% of the area labeled "cooler" as shown on Exhibit A of this resolution. 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 Sharif Ahmad 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 an issuance of an off-site liquor license for Rancho Shell 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. 09-009 Page 3 of 3 PASSED, APPROVED, AND ADOPTED this 21 st day of January 2009. AYES: Gutierrez, Michael, Spagnolo, Williams NOES: None ABSENT: Kurth ABSTAINED: None 1 L. ennis Michael, Mayo Pro Te ATTEST: ice C. Reynolds, City Clerk I, JANICE C. REYNOLDS, 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 21 st day of January 2009. Executed this 22nd day of January 2009, at Rancho Cucamonga, California. Yalyuac i7' 4 4V'a� nice C. Reynolds, Cit Clerk