HomeMy WebLinkAbout12-068 - Resolutions RESOLUTION NO. 12-068
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING A
DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY
DRC2012-00321 FORA REQUEST TO CHANGE THE ALCOHOLIC
BEVERAGE CONTROL LICENSE FROM A TYPE 47 (ON-SALE
GENERAL WITH BONA FIDE PUBLIC EATING PLACE) TO A
TYPE 48 (ON-SALE GENERAL FOR PUBLIC PREMISES) AT AN
EXISTING RESTAURANT/BAR LOCATED WITHIN THE FOOTHILL
BOULEVARD COMMUNITY COMMERCIAL DISTRICT(SUBAREA
3) 10134 FOOTHILL BOULEVARD -APN: 1077-601-14.
A. Recitals.
1. Rock the Keys Dueling Piano Bar filed an application for a Public Convenience or
Necessity determination - DRC2012-00321, as described in the title of this Resolution, for a
modification to a Conditional Use Permit(CUP)changing the liquor license from Type 47 to Type 48
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 May 2, 2012, 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 substantial evidence presented to this Council,during the above-referenced
meeting on May 2, 2012, including written and oral staff reports, this Council hereby makes the
following findings and facts:
a. Changing an existing restaurant/bar to a nightclub/bar (ABC License Type 47 to
Type 48) located within the Foothill Boulevard Community Commercial District (Subarea 3) at
10134 Foothill Boulevard is an accepted business practice.
b. The Census Tract, in which the site is located (0020.05), includes a convenience
store with alcohol licenses. This license is a change in the type of license from a Type 47 (On-Sale
General with for Bona Fide Public Eating Place)to a Type 48(On-Sale General for Public Premises)
and will not increase the current total of 24 on-sale licenses.
C. The site's operating hours is opposite of any potential sensitive users, such as day
care facilities, schools, and/or churches.
d. A Non-Construction Conditional Use Permit was approved on April 24,2012, at the
Planning Director hearing by Resolution 12-06 for DRC2012-00169 to allow for the modification of
the restaurant and bar to a nightclub and bar.
e. According to the ABC staff,the on-sale licenses within this Census Tract(0020.05)
total 24. The limit within this Census Tract is 16; accordingly,the Census Tract is over-concentrated
by 8 licenses, which necessitates a finding of Public Convenience or Necessity for any additional
licenses.
3. Environmental Assessment: 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
an existing business with no modification to the interior or the exterior of the 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, and with the condition
specified in Section 6, this City Council concludes that changing the Alcoholic Beverage Control
License from a Type 47(On-Sale General with for Bona Fide Public Eating Place)to a Type 48(On-
Sale General for Public Premises)at an existing restaurant/bar located within the Foothill Boulevard
Community Commercial District (Subarea 3) at 10134 Foothill 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 with the imposition of the condition specified in Section 6,
that changing the Alcoholic Beverage Control License from a Type 47 (On-Sale General with for
Bona Fide Public Eating Place) to a Type 48 (On-Sale General for Public Premises) at Rock the
Keys Dueling Piano Bar 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 and every condition set forth below.
Planning Department:
1. The applicant shall adhere to all the conditions included in the approval of
Conditional Use Permit-DRC2012-00169 on April 24,2012, by Resolution 12-
06.
7. The City Clerk shall certify the adoption of this Resolution.
please see the following page
for formal adoption,certification and signatures
Resolution No. 12-068 - Page 2 of 3
PASSED, APPROVED, AND ADOPTED this 2 I day of May 2012.
AYES: Alexander, Michael, Spagnolo, Williams
NOES: None
ABSENT: Buquet
ABSTAINED: None
L. Dennis Michael, Mayor
ATTEST:
lf� l-
J nice C. Reynolds, Citj 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 2 I day of May 2012.
Executed this 3`tl day of May 2012, at Rancho Cucamonga, California.
QGb� r- 4�
J ce C. Reynolds, City Clerk
Resolution No. 12-068 - Page 3 of 3