HomeMy WebLinkAbout16-063 - Resolutions RESOLUTION NO. 16-063
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING A
DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY
(DRC2016-00402) FOR THE ESTABLISHMENT OF ALCOHOLIC
BEVERAGE SALES AND TASTING (TYPE 21 OFF-SALE
GENERAL & TYPE 86 INSTRUCTIONAL TASTING) WITHIN A
GOURMET FOOD MARKET (HK2 FOOD DISTRICT) INSIDE
HAVEN CITY MARKET LOCATED WITHIN THE INDUSTRIAL
PARK(IP) DISTRICT AND INDUSTRIAL COMMERCIAL OVERLAY
DISTRICT (ICOD) ON THE EAST SIDE OF HAVEN AVENUE,
NORTH OF ARROW ROUTE, AT 8443 HAVEN AVENUE, - APN:
0208-622-27
A. Recitals.
1. HK2 Food District filed an application for Public Convenience or Necessity determination
DRC2016-00402, as described in the title of this Resolution, for a Type 21 Off-Sale General license
&Type 86 Instructional Tasting 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 15th day of June 2016, 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 15, 2016, including written and oral staff reports, this Council
hereby specifically finds as follows:
a. A grocery store with the general sale of alcoholic beverages is a common and
acceptable business practice; and
b. The site is located at 8443 Haven Avenue, on the east side of Haven Avenue
between Arrow Route and Civic Center Drive within the Industrial Commercial Overlay District,which
allows for various commercial uses, including grocery stores; and
Resolution No. 16-063 - Page 1 of 3
c. The Census Tract in which the site is located (21.1) currently contains 6 off-sale
ABC licenses. This includes 1 liquor store, 1 retail store, 3 gas station convenience stores, and 1
stand-alone convenience store. The site is surrounded to the north, south and west by roadways
and is adjacent to the east by existing industrial development: greatly diminishing potential negative
effects that an additional alcohol license will have on the City's residential neighborhoods, the
closest of which are located approximately 800 feet to the west, across Haven Avenue; and
d. The business is located within a commercial and office complex, which does not
contain any sensitive users, such as day care facilities, schools, and/or churches; and
e. Rancho Cucamonga residents would be afforded more convenient opportunities
with the addition of a new grocery store that sells beer and wine to the current selection of off-sale
retail locations; and
f. With the imposition of a condition recommended by the City and set forth in
Section5, the retailer will operate the business in a manner that would not result in a change of use
from amarket 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, and with the condition
specified in Section 5, this City Council concludes that the issuance of an off-sale beer and wine
license for HK2 Food District 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 off-sale liquor license for HK2 Food District 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 area devoted to the display and sale of alcoholic beverages shall
be limited to a maximum 10% of floor area. 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.
Resolution No. 16-063 - Page 2 of 3
PASSED, APPROVED, AND ADOPTED this 15'h day of June 2016.
AYES: Alexarider, Kennedy, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
�
/ a
nn ichael,e
ATTEST:
•i2Ce.c l / i /.
Ji ice C. Reynolds, Cit ' lerk
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 151h day of June 2016.
Executed this 16'h day of June 2016, at Rancho Cucamonga, California.
Glc- t< di
/ / ,
J ce C. Reynolds, City Cl-'
Resolution No. 16-063 - Page 3 of 3