HomeMy WebLinkAbout11-166 - Resolutions RESOLUTION NO. 11-166
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING A
DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY
FOR DRC201 1-00880 FOR A TYPE 47 ON-SALE GENERAL ABC
LICENSE WITHIN A BONA FIDE EATING ESTABLISHMENT IN
THE INDUSTRIAL PARK DISTRICT (SUBAREA 7), LOCATED AT
THE MASI PLAZA AT 11849 FOOTHILL BOULEVARD, UNIT A -
APN: 0229-011-47.
A. Recitals,
1. Zahri Ghomri filed an application for Public Convenience or Necessity determination
DRC2011-00880, as described in the title of this Resolution, for a Type 47—On—Sale General for
Bona Fide Public Eating Establishment 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 19th day of October 2011, 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 October 19, 2011, including written and oral staff reports,this Council
hereby specifically finds as follows:
a. A restaurant with the sale of alcoholic beverages is a common and accepted
business within this area; and
b. The site is located at 11849 Foothill Boulevard, Unit A, in the Masi Plaza on the
northwest corner of Foothill Boulevard and Rochester Avenue. Foothill Boulevard 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) includes all the restaurants
located on 4th Street and the Ontario Mills Mall (approximately one mile south of the applicants
restaurant), which has a large number of restaurants with alcohol licenses. Because of the large
geographic boundaries of Census Tract 0021 and the concentration of commercial businesses,
Census Tract 0021 is overly-concentrated.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
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 eating
opportunities with the addition of distilled spirits to the current selection of beverages and food
provided by the restaurant.
3. Based upon the findings set forth in paragraphs 1 and 2 above, and with the condition
specified in Section 5, this City Council concludes that the issuance of an off-sale beer and wine
license for Tropica Restaurant and Bar 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, the
issuance of an on-sale liquor license for Tropica Restaurant and Bar 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. The restaurant shall adhere to all conditions of approval of Conditional
Use Permit DRC2011-00673, Planning Director Resolution 11-18.
6. The City Clerk shall certify the adoption of this Resolution.
Please see the following page
for formal adoption,certification and signatures
Resolution No. 11-166 - Page 2 of 3
PASSED, APPROVED, AND ADOPTED this 1 g`" day of October 2011.
AYES: Alexander, Buquet, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
Dennis Michael, Mayor
ATTEST:
ice C. Reynolds, City Jerk
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 1 g`" day of October 2011.
Executed this 20`" day of October 2011, at Rancho Cucamonga, California.
Afi�C/ilLGt��- to
ice C. Reynolds, City elerk
Resolution No. 11-166 - Page 3 of 3