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Home My WebLink About09-099 - Resolutions RESOLUTION NO. 09-099 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY FOR A BEER, WINE AND DISTILLED SPIRITS RETAILER FOR THE ISSUANCE OF A TYPE 21 OFF-SALE GENERAL ABC LICENSE AND A TYPE 42 ON-SALE BEER AND WINE PUBLIC PREMISES ABC LICENSE FOR A SITE LOCATED WITHIN THE FOOTHILL CROSSING COMMERCIAL CENTER ON THE EAST SIDE OF DAY CREEK BOULEVARD AND SOUTH OF FOOTHILL BOULEVARD, LOCATED AT 8201 DAY CREEK BOULEVARD IN THE REGIONALLY RELATED OFFICE/COMMERCIAL DISTRICT (RRO/C) - APN: 0229-021-78. A. Recitals. 1. Total Wine & More filed an application for a Public Convenience or Necessity determination DRC2009-00391, as described in the title of this Resolution, for a Type 21 (Off-Sale General) and a Type 42 (On-Sale Beer and Wine for Public Premises) alcohol license from the Department of Alcoholic Beverage Control (ABC). 2. Section 23958 of the California 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 3rd day of June 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 June 3, 2009, including written and oral staff reports, this Council hereby specifically finds as follows: a. The site located within the Foothill Crossing commercial center on the east side of Day Creek Boulevard and south of Foothill Boulevard at 8201 Day Creek Boulevard; and b. Total Wine & More is a large alcoholic beverage retailer whose business model is predicated on serving a regional customer base. The site is located within the Regionally Related Office/Commercial District, which was designed to accommodate this type of retail business; and C. The site is bordered by Interstate 15 to the east and commercial development to the north, south and west and is not within 1,000 feet of existing or planned residential development; and d. The site is located within Census Tract 0022.03,which encompasses the southeast portion of the City and is mostly zoned for industrial development. The Census Tract also has a number of large commercial developments along Foothill Boulevard and a small residential population. Because of the low residential population, only a small number of alcohol licenses are permitted in the Census Tract before it becomes over-concentrated as designated by ABC. It should be noted that the Census Tract to the north (0020.07) has a large residential population with a small number of commercial and industrial developments, helping to balance out the two neighboring Census Tracts and limiting any negative effects on the neighboring residential areas; and e. The site is not close to sensitive users, such as day care facilities, schools, and/or churches; and f. Rancho Cucamonga residents would be afforded more convenient shopping opportunities with the applicant's large selection of beer, wine, and distilled spirits and the ability to sample and learn about the products they are purchasing. 3. The Planning Department staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies as a Class 1 exemption under State CEQA Guidelines Section 15301, which covers the permitting of existing structures that involve negligible or no expansion of use beyond that existing at the time of the lead agency's original determination. The project consists of issuing a Public Convenience or Necessity determination for a business opening in an existing commercial building. Staff finds that there is no substantial evidence that the project will have a significant effect on the environment in that the building was intended to be used by a commercial tenant. The City Council has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the staffs determination of exemption. 4. Based upon the findings set forth in paragraphs 1, 2, and 3 above, this City Council concludes that the issuance of both a Type 21 Off-Sale General and a Type 42 On-Sale Beer and Wine for Public Premises alcohol license for Total Wine & More at 8201 Day Creek Boulevard will not have a negative impact to the surrounding uses. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this City Council hereby determines that the issuance of both a Type 21 Off-Sale General and a Type 42 On-Sale Beer and Wine for Public Premises for Total Wine and More at 8201 Day Creek.Boulevard will service the Public Convenience or Necessity. 6. Based upon the findings and conclusions set forth in Paragraphs 1,2, 3,4,and 5 above, this City Council hereby approves the request for a Public Convenience or Necessity determination subject to each of the Standard Conditions, attached hereto and incorporated herein by this reference: 7. The City Clerk shall certify the adoption of this Resolution. Please see the following page . . for formal adoption,certification and signatures Resolution No. 09-099— Page 2 of 4 PASSED, APPROVED, AND ADOPTED this 3rd day of June 2009. AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None Donald J. Kurth, UD., ayor ATTEST: Jankqe C. Re ' olds, CitClerk 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 3`d day of June 2009. Executed this 4th day of June 2009, at Rancho Cucamonga, California. /4 -)1 i2tx2 , &A Jari e C. Reynolds, CityClerk ' Resolution No. 09-099— Page 3 of 4 COMMUNITY DEVELOPMENT X DEPARTMENT STANDARD CONDITIONS PROJECT#: DRC2009-00391 SUBJECT: PUBLIC CONVENIENCE OR NECESSITY APPLICANT: TOTAL WINE & MORE LOCATION: 8201 DAY CREEK BOULEVARD-APN: 0229-021-78 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements Completion Date 1. The applicant shall agree to defend at his sole expense any action brought against the City, its agents,officers,or employees, because of the issuance of such approval,or in the alternative,to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may,at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. The applicant shall be required to pay any applicable Fish and Game fees as shown below. The project planner will confirm which fees apply to this project. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to the Planning Commission or Planning Director hearing: a) Notice of Exemption-$50 3. Crime Free Multi-Family Housing Program - The owner shall cause the manager and any resident manager to complete the training for and enroll the project in the San Bernardino County Crime Free Multi-Family Housing Program Resolution No. 09-099— Page 4 of 4