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HomeMy WebLinkAbout25167RESOLUTION NO. 25167 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING THAT PUBLIC CONVENIENCE WOULD BE SERVED BY THE ISSUANCE OF ALCOHOLIC BEVERAGE CONTROL LICENSE TYPE 42 FOR HYPHEN WINE AND BEER SHOP LOCATED AT 1007 NORTH PLAN CANYON DRIVE WITHIN CENSUS TRACT NUMBER 446.06. WHEREAS, PS Social Group Inc., has initiated the application process for California Department of Alcoholic Beverage Control (ABC) Type 42 (On -Sale Beer and Wine) liquor license to sell beer, and wine in a 960-squae foot tenant space at 1007 North Palm Canyon Drive, Census Tract No. 446.06, Zone C-1, APN 505-261-010 ("Hyphen"); and WHEREAS, The California Department of Alcoholic Beverage Control (ABC) has determined that: 1) there are two (2) 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 relative to population in the County in which the applicant's premise is located; and WHEREAS, The California Department of Alcoholic Beverages Control (ABC) has determined that the addition of the requested license would cause an "undue concentration" of alcohol -related licenses in the Census tract number 446.06; and WHEREAS, 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 notwithstanding an "undue concentration" of alcohol -related licenses in the Census tract number 446.06; and WHEREAS, Hyphen is located within Census tract number 446.06. The zone designation is General Commercial (C-1), and it is located within the Neighborhood Community Commercial (NCC) General Plan land use designation area. The proposed craft beer and organic wine shop store is currently operating within a 960-square foot tenant space in a larger 6,400-square foot retail building with three (3) other in -line tenants; 1) an original Conditional Use Permit was approved by the Planning Commission (Case 5.1535 CUP) on September 1, 2021 for a Type 20 (Off -Sale Beer and Wine) craft beer and organic wine shop; 2) an amendment to the CUP was approved by the Planning Commission on November 8, 2023 to add a Type 42 (On - Sale Beer and Wine) liquor license; 3) the site is easily accessible from a Major Throughfare and an attached off-street parking lot; and 4) the issuance of the requested licenses will contribute to diversifying products and services offered to local residents and visitors; and THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Resolution No. 25167 Page 2 SECTION 1. That the foregoing Recitals are true and correct and are incorporated herein by this reference. As there are no specific findings required for the approval of a Resolution of Public Convenience and Necessity (PCN) the City Council determines that the public would be greater served due to: 1. The character of the premises as a specialty craft beer and wine shop offering items that are unique and not easily available in other stores in the City will serve the nearby residents; 2. The aesthetics and ambience of the proposed business will be within a 960- square foot tenant space in a 6,400-square foot building located at the corner of a major, heavily trafficked thoroughfare. 3. The attractiveness of the proposed business will serve the public in a manner that is deficient in the surrounding neighborhood. 4.The types of guests likely to be patrons include residents of the immediate neighborhoods and other City residents and the general public. 5. The ability to educate the public on the unique products served will be a benefit to patrons of the business. 6. The ability for the business owner to pour wine and beer for onsite tastings and consumption provides a benefit to patrons by allowing them to sample products before buying. SECTION 2. That the public convenience would be served by the issuance of Type 42 (On -Sale Beer and Wine) alcoholic beverage license for a craft beer and wine shop for the on an off -premises consumption in conjunction with the business named Hyphen located at 1007 North Palm Canyon Drive within, Census Tract No. 446.06. ADOPTED THIS 14TH DAY OF DECEMBER 2023. Scott C. Stiles, City Manager ATTEST: Brenda Pree, City Clerk Resolution No. 25167 Page 3 E CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss. CITY OF PALM SPRINGS) I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 25167 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 December 14, 2023, by the following vote AYES: Councilmembers Garner, Holstege, Middleton; Mayor Pro Tem deHarte; and Mayor Bernstein NOES: None ABSENT: None RECUSED: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ay of December 2023. Brenda Pree, MMC, CERA, City Clerk City of Palm Springs, California 1 r' -1