HomeMy WebLinkAbout09-046 - Resolutions RESOLUTION NO. 09-046
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING A
DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY
DRC2009-00095 — NIDAL SAMAAN - FOR A CONVENIENCE
MARKET IN THE INDUSTRIAL PARK DISTRICT, SUBAREA 12,
LOCATED ON THE NORTHEAST CORNER OF MILLIKEN AVENUE
AND 4TH STREET AT 9635 MILLIKEN AVENUE
AP N: 0229-341-23
A. Recitals.
1. Milliken Market filed an application for Public Convenience or Necessity determination
DRC2009-00095, as described in the title of this Resolution,for a Type 21 (off-sale) license from the
Department of Alcoholic Beverage Control (ABC). Hereinafter in this Resolution the subject Public
Convenience or Necessity request is referred to as "the application."
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 March 2009, 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 March 18, 2009, including written and oral staff reports, this Council
hereby specifically finds as follows:
a. A retailer of alcoholic beverages, groceries, packaged foods, and other related
items is a common and accepted business; and
b. The site is located at the northeast corner of Milliken Avenue and 4th Street;
Milliken Avenue is designated as a major thoroughfare, and the site is suited for this type of
business; and
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
Resolution No. 09-046
Page 2 of 3
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 sales of beer, wine, and distilled spirits to the current selection of groceries
and packaged food products provided by the market; and
f. With the imposition of a condition recommended by the City and set forth in Section
5, the retailer will operate the business in manner that would 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, this City Council
concludes that the issuance of an off-sale of beer, wine and distilled spirits (Type 21) license for
Milliken 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 Milliken Marketwill
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) Throughout the life of the business 37 percent of the maximum
floor area shall be strictly reserved for display and sales of
alcoholic beverages and 63 percent of the floor shall be at all
times sales of general market items. Any increase above and
beyond this limit will result in Code Enforcement action and
ultimately to the revocation of the store's business license.
6. The City Clerk shall certify the adoption of this Resolution.
Please see the following page
for formal adoption,certfrication and signatures
Resolution No. 09-046
Page 3 of 3
PASSED, APPROVED, AND ADOPTED this 18th day of March 2009.
AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
Donald J. Kurth, M. Mayor
ATTEST:
nice 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 18th day of March 2009.
Executed this 19th day of March 2009, at Rancho Cucamonga, California.
nice C. Reynolds, Cit Clerk