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HomeMy WebLinkAbout24681RESOLUTION NO. 24681 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING THAT PUBLIC CONVENIENCE OR NECESSITY WOULD BE SERVED BY THE ISSUANCE OF ALCOHOLIC BEVERAGE CONTROL LICENSES TYPE 42 AND TYPE 20 FOR ON THE MARK FINE FOODS AND PROVISIONS LOCATED AT 111 NORTH PALM CANYON DRIVE #155 WITHIN CENSUS TRACT NUMBER 446.06. THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS: A. Mark Van Laanen of On the Mark Fine Foods & Provisions has initiated the application process for California Department of Alcoholic Beverage Control (ABC) Type 42 (On Sale Beer & Wine — Public Premises) and Type 20 (Off -Sale Beer & Wine) liquor licenses for conducting monthly beer and wine tasting and the sales of packaged beer and wine for off -site consumption in conjunction with the operation of a delicatessen/specialty food store at 111 North Palm Canyon Drive #155, Census Tract No. 446.06, Downtown Palm Springs Specific Plan area, Zone CBD, APN 513-560-080. B. The California Department of Alcoholic Beverages and Control (ABC) has determined that: 1) there are one hundred seven (107) existing on -sale liquor licenses issued within Census tract number 446.06 while only two (2) of such permits would be allowed based on on -sale retail licenses to population in the County in which the applicant's premise is located; and 2) thirteen (13) off -sale liquor licenses have been issued within Census tract number 446.06 while only one (1) of such a permit would be allowed based on off -sale retail licenses to population in the County in which the applicant's premise is located. C. The California Department of Alcoholic Beverages and Control (ABC) has determined that there is an "undue concentration" of alcohol -related licenses in the Census tract number 446.06. D. Pursuant to Section 23958.4(b)(2) of the State of California Business and Professions Code, the City Council may determine the public convenience or necessity would be served by the issuance of the requested license. E. On the Mark Fine Foods & Provisions is located within Census tract number 446.06. The zone designation is Central Business District (CBD), and it is located within the Downtown Palm Springs Specific Plan area and the CBD General Plan land use designation area. The proposed beer and wine tasting and the sales of packaged beer and wine are consistent with the intent of the General Plan and the Downtown Palm Springs Specific Plan because: 1) the applicant has obtained a Land Use Permit for the proposed activities in accordance with Downtown Palm Springs Specific Plan Section (III)(C)(1); 2) the project site is adequate in size and suitable for the proposed uses; 3) the site is easily accessible from the public parking; 4) Beer and wine tasting and the sales of packaged alcoholic beverages are complementary to the primary use Resolution No. 24681 Page 2 (delicatessen/specialty food store), and 5) the issuance of the requested licenses will contribute to diversifying products and services the area has to offer to local residents and visitors. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES: That the public convenience would be served by the issuance of Type 42 (On Sale Beer & Wine — Public Premises) and Type 20 (Off -Sale Beer & Wine) alcoholic beverage license for conducting monthly indoor beer and wine tasting and the sales of packaged beer and wine for off -site consumption in conjunction with the operation of delicatessen/specialty food store at On the Mark Fine Foods and Provisions located at 111 North Palm Canyon Drive #155 within the Downtown Palm Springs Specific Plan area, Census Tract No. 446.06, Section 15/4/4. ADOPTED THIS 4th DAY OF DECEMBER, 2019. David H. Ready, CitylOgRger ATTEST: Ant ony J. Mejia, MMC �6�n .P ��,�r City Clerk c, :e; G P� Resolution No. 24681 Page 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF PALM SPRINGS) CERTIFICATION SS. I, Anthony J. Mejia, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 24681 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on the 4th day of December, 2019, by the following vote: AYES: Councilmembers Holstege, Middleton, Roberts, Mayor Pro Tern Kors and Mayor Moon NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand a ffixed the official seal of the City of Palm Springs, California, this day of �,�'Anthony J. Mejia, MMC C� C City Clerk �P`'