HomeMy WebLinkAbout2021-046 - Resolution RESOLUTION NO. 2021-046
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, DENYING A DETERMINATION OF
PUBLIC CONVENIENCE OR NECESSITY (DRC2021-00027) FOR
ALCOHOLIC BEVERAGE SALES FOR OFF-SITE CONSUMPTION
(TYPE-21 OFF-SALE BEER, WINE, AND DISTILLED SPIRITS) FOR A
GROCERY STORE (GROCERY OUTLET) LOCATED IN THE
COMMUNITY COMMERCIAL (CC) DISTRICT AND THE FOOTHILL
BOULEVARD OVERLAY DISTRICT OF THE FOOTHILL BOULEVARD
SPECIFIC PLAN AT 9040 FOOTHILL BOULEVARD; AND MAKING
FINDINGS IN SUPPORT THEREOF—APN: 0208-101-20
A. Recitals.
WHEREAS, Compass Commercial Group, on behalf of Grocery Outlet, filed an
application for a Public Convenience or Necessity determination DRC2021-00027 as
described in the title of this Resolution, for a Type-21 (off-sale beer, wine, and distilled
spirits), 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."
WHEREAS, Section 23958 of the Business and Professional Code requires the City
of Rancho Cucamonga to make a determination on whether the issuance of the said license
will service the public convenience or necessity.
WHEREAS, On the 161h day of June 2021, the City Council of the City of Rancho
Cucamonga reviewed said application prior to the adoption of this Resolution.
WHEREAS, 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 public hearing on June 16, 2021, including written and oral staff reports, this Council
hereby specifically finds as follows:
a. The site is located with Census Tract 20.16 on property addressed 9040 Foothill
Boulevard, on the north side of Foothill Boulevard between Vineyard Avenue and Lion Street; and
b. The California Department of Alcoholic Beverages Control permits up to two
active off-sale retail licenses to exist within Census Tract 20.16 and two licenses currently exist
in the census tract at 8956 Foothill Blvd. and 9255 Baseline Rd.; and
Resolution No. 2021-046 - Page 1 of 3
c. The request for a third off-sale retail license will overconcentrate the census tract.
Pursuant to Business and Professions Code Section 23958.4 an "undue concentration" of off-sale
retail license applications exists under either the following two scenarios: (1) "The applicant
premises are located in a crime reporting district that has a 20 percent greater number of reported
crimes . . . than the average number of reported crimes as determined from all crime reporting
districts within the jurisdiction of the local law enforcement agency;" or (2) "the ratio of off-sale
retail licenses to population in the census tract or census division in which the applicant premises
are located exceeds the ratio of off-sale retail licenses to population in the county in which the
applicant premises are located." According to ABC's online database, Census Tract 20.16 has
two existing off-sale licenses. This means an undue concentration of off-sale licenses exists within
the census tract if another off-sale license is issued; and
d. The request for a PCN determination fails to meet certain City policy, specifically:
1) the surrounding census tracts (8.12, 20.27, 20.15 and 21.05) have been found pursuant to
ABC to be overconcentrated with active off-sale retail licenses; and 2) the proposed grocery
store is located within a '/z mile of another grocery store, Albertson's Grocery Store, at 8850
Foothill Boulevard, which also has an active off-sale retail license for alcohol sales; and
3. Based upon the findings and conclusions set forth in paragraphs 1, and 2 above, this
City Council herby determines that the issuance of an off-sale liquor license for Grocery Outlet
will not service the Public Convenience or Necessity.
4. Based upon the findings and conclusions set forth in Paragraphs 1, 2, and 3 above,
this City Council hereby deny the request for a Public Convenience or Necessity determination.
5. The City Clerk shall certify the adoption of this Resolution.
Resolution No. 2021-046 - Page 2 of 3
PASSED, APPROVED, and ADOPTED this 16th day of June 2021.
L. ennis Mi hael, Mayo
ATTEST:
nice C. Reynolds, Citq Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RANCHO CUCAMONGA )
I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify
that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the
City of Rancho Cucamonga, at a Regular Meeting of said Council held on the 16th day of June
2021.
AYES: Hutchison, Kennedy, Michael, Scott, Spagnolo
NOES: None
- ABSENT: None
ABSTAINED: None
Executed this 17th day of June, 2021, at Rancho Cucamonga, California.
04-1,4
Lam•
nice C. Reynolds, City Jerk
Resolution No. 2021-046 - Page 3 of 3