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HomeMy WebLinkAbout7/21/1999 - STAFF REPORTS (9) Date: July 21, 1999 To: City Council From: Director of Planning&Building REQUEST BY CHEVRON STATION, INC., FOR THE ADOPTION OF A RESOLUTION OF CONVENIENCE AND NECESSITY FOR A TYPE 20, OFF-SALE BEER, FOR AN EXISTING MINI-MART AND AUTO SERVICE STATION LOCATED AT 6600 N. INDIAN CANYON DRIVE, HC ZONE, SECTION 23. RECOMMENDATION: That the City Council consider the adoption of a Resolution of Convenience and Neoessity to allow the sale of beer and wine at the mini-mart located at 6600 N. Indian Canyon Drive. The owner of the property is Palm Springs Partners, LLC. and the principal is J. Harvey. BACKGROUND: The property located at 6600 N. Indian Canyon Drive was recently approved by Planning Commission for a 3,112 square foot Chevron Service Station with convenience mini-market on approArnately 1.42 acres. The property is located on the east side of north Indian Canyon Drive, south of Interstate 10. The owner of the property is Palm Springs Partners, LLC. The requested Type 20 license is for off-sale beer. This license authorizes the sale of beer and wine for consumption off the premises where sold. The gasoline service station portion of this business is currently open 24 hours a day, 7 days a week. The convenience market hours will be 6:00 am to 2:OOam, 7 days a week. Staff forwarded the application to the Police Chief for review and comment prior to the City Council meeting. The Police Chief has recommended that the sales of beer be limited to that legally allowed by the Bureau of Alcohol and Beverage Control and that stacking of merchandise or displays be limited along the parking lot frontages so that views into the building are not blocked. These items have been incorporated Into the attached Conditions of Approval. /94',A&�z je ec�� DOUG S DI Tr of Pla ning and u' Ing City Manage Attachments: 6A 1. Letter request 2. Resolution of Convenience and Necessity ,. Chevron - May 25, 1999 9)r4 City of Palm Springs City Council C/o Tina Sburilla,Planner 3200 E.Tahquitz Canyon Way Pahn Springs,CA Honorable Mayor Kleindienst,Councihnembers,Hodges,Reller-Spurgin,Barnes and Oden: On May 13, 1998,the Palm Springs Planning commission approved Conditional Use Permit No. 5.0769 to allow Chevron Products Company to construct a service station with a convenience store and off sale beer and wine permit at 6600 North Indian Canyon Drive in Palm Springs. As the Council is aware,the Department of Alcoholic Beverage Control regulates the distribution of alcohol licenses in each Census Tract. When a census tract limit is reached or a census tract is identified as"high crime"additional licenses can be issued provided the City Council adopts a "Resolution of Public Convenience and Necessity." The enclosed Census Tract Map shows Census Tract 0445.01 in which the Indian Canyon Chevron is situated is inordinately large. Its boundaries are the Morongo Indian Reservation near Cabazon to the West,beyond Desert Hot Springs to Joshua Tree National Park to the North, eastward beyond Sky Valley to Thousand Patens Canyon Road and the railroad tracks that run parallel to Interstate 10 to the South. According to the Department,there are seven(7)off sale licenses allowed within Census Tract 0445.01 and sixteen(16)issued The enclosed Census Tract Search identifies the currant license holders in this census tract. Eight of the issued licenses are for businesses in Thousand Palms, four are issued to businesses in Desert Hot Springs,three are for businesses in North Palm Springs and one for a licenses premises in Palm Springs. A review of crime statistics with Debbie Debue of the Palm Springs Police Department indicate the reported crimes for Crime Reporting District T19 are less than those for other reporting districts in Pahn Springs. The purpose of this letter is to illustrate to the Council that public convenience or necessity will be served by the issuance of an off sale beer and wine permit for the Indian Canyon Chevron by illustrating the character,aesthetics and manner in which Chevron conducts and will continue to conduct its business fills a niche not currently occupied by other license holders. At Chevron,we understand how well we operate our stations and meet our customer's gasoline and shopping needs may be the deciding factor in their decision to return. Improving our product offering of staple grocery items,diapers,dairy products,bakery goods,fresh coffee,pet supplies, automotive products and a full line of beverages including beer and wine serves public convenience by satisfying most or all of our customers quick shopping needs while filling their cars with gasoline. Chevron's commitment to safety is reflected in the site design and layout elements of the Indian Canyon Chevron. Placing our buildings on rear property lines opens the entire site to visibility from the street. Our cashier location near the enhance allows us to great and acknowledge every customer entering and leaving our food mart. Palm Springs City Council May 25, 1999 Page 2 Our floor to ceiling glass storefront is appealing to our customers because it improves their ability to see in and out of the food mart day or night.Law enforcement personnel have informed us that keeping the glass live of unsightly advertising as we do improves their ability to survey the food mart's interior during their periodic patrols. Customers appreciate a business where parking is convenient and near building entrances. Ample parking near our food mart entrance contributes to our customers'decision to patronize our business,particularly at night.Our parking areas are clearly marked and maintained with sufficient lighting to ensure pedestrian and vehicular visibility and safety. We have increased parking backup distances to ensure our customers have ample room to maneuver in and out of parking spaces and through the lot. Our lighting design improves our nighttime appearance and makes our customers feel welcome and secure by illuminating all areas where they walk. Our customers tell us they prefer our FASTPAY pumps flush mounted at grade because it eliminates the potential hazard of tripping as they pump gasoline or walk in between the pumps. Our FASTPAY pumps also provide our customers with young families the safety of not having to leave their children unattended in the car when paying for gasoline. We offer our customers public restrooms inside our food mart. For mothers with children, traveling sales people or other workers who use their automobiles in the function of their jobs, clean and safe restrooms are a priority. All of these site design and layout elements serve public convenience and necessity. Our employee training programs and operational procedures are fundamental to operating our stations in a safe and responsible manner. Our employees must participate in and successfully complete our comprehensive training program,which include segments on customer service, facility maintenance,responsible alcohol and tobacco retailing,personnel management and workplace safety. We make random night visits to our Chevron stations,conduct in-house decoy programs and mystery shopper programs. These operational programs and our monthly personnel and safety meetings help to ensure every employee on every shift understands their social and legal responsibility to our customers and the communities in which we do business. Our operational guidelines and procedures have been developed in response to community concerns,law enforcement recommendations and our operational experience. Our self-imposed limitations identify the differences between our business and other license holders and include: • pay telephones with call out feature only • graffiti removal within 48 home of its occurrence • no coin operated video games • no adult magazines or videos 4113 • no sale of alcohol from a pass thru window • signs posted in English and predominant second language in the area with regard to prohibitions to open containers and loitering • no beer or wine displayed within 5 feet of the cash register or the front door or displayed within an ice tub Pahn Springs City Council * y May 25, 1999 Page 3 None of the nearby non-supermarket businesses we visited that sell beer and wine have developed the kind of self-monitoring program we have. Although all of the properties adjacent to ours are commercial,we are treating this site as if we are within 100 feet of sensitive uses. Our operational guidelines and procedures will reduce the opportunity of our business intruding on the quiet enjoyment of our neighbors. Investigator Mike Piltz of the Rancho Mirage District Office of the Department of ABC advises his office has received no protests opposing the issuance of the requested off sale license for the Indian Canyon Chevron. Public convenience and necessity will be served in Palm Springs in several ways. It brings another responsible retailer to the Patin Springs business community whose approved use is compatible to others allowed in the Highway Commercial zone. Moreover,it provides the citizens of Patin Springs with an attractive,safe,clean,state of the art facility with a responsible retailer who meets and fidfills both the motoring fuel requirements and quick shopping needs of its customers. I would like to take this opportunity to thank Tina Shurilla of the Planning Department and Debbie Debue of the Police Department for their assistance in this process. Palm Springs is fortunate to be represented by such qualified professionals. We respectfully request the City Councips thoughtful consideration to adopt a Resolution of Public Convenience and Necessity. Sin ly, A Elana Arenas or Chevron Products Company Enclosures DEFGHJABCDEFGHJABCDEFGHJABCDEFGHJABCDEFGHJABCDEFGHJABCDEFGHJABCDEFGHJABCDEF 6 $17 3 4 616 81 •- 4 104.05 104.0 5 7 t 1 = — ;a 2 4 k 5 L i 7 1 866 666 s 2 5 445.01 ti 445.02 7 m f3 2 m 725 7T6 727 MS } , 3fill t 4 '"76�1 5 ' +� _ t`3 Lk e 452.01 It 8 . ' 44 r OT 7 5. t.. 4 '= 449. 2 �,f F , - 616 817 L6- 6410 5411 01998 Thomas Bros. Ma Census Tract Searcb 0445.01 Number Type Lkemee Premises Addrew 102M 21 EXPRESSWAY MARKET 1NC 17MI PALM DR DESERT HOT SPRINGS,CA 92240 113917 20 CIRCLE K STORES INC 73010 RAMON RD THOUSAND PALMS,CA 92276 197M 21 JABER ATEF D 7271I RAMON RD THOUSAND PALMS,CA 92276 217836 20 PLYING J INC 72235 VARNER RD THOUSAND PALMS,CA 92276 223115 20 HILL TOP DEVELOPERS INC 18900 CORKHILL RD DESERT HOT SPRINGS,CA 92240 276541 20 RANCH MARKETS INC 32055 MON7EREY THOUSAND PALMS.CA 92276 298324 21 LEE ANTHONY 70041 DILLON RD DESERT HOT SPRINGS,CA 92240 314105 20 ULTRAMAR INC 72360 RAMON RD THOUSAND PALMS.CA 92276 315118 20 SPIRIT ENTERPRISES INC 19993 N INDIAN CANYON DR PALM SPRINGS,CA 92262 315938 20 PRESTIGE STATIONS INC 64200 20TH AVE NORTH PALM SPRINGS,CA 92258 322453 20 PRESTIGB STATIONS INC 32975 MONPEREY AVE THOUSAND PALMS,CA 92276 Number Type Licence Premises Address 325775 21 CHUNG KUM JA 17725 N INDIAN AVE NORTH PALM SPRINGS,CA 92258 333933 20 DESERT VALLEY GAS INC 72275 RAMON RD THOUSAND PALMS,CA 92276 338484 20 PALM MINI MART INC 22755 PALM DR DESERT HOT SPRINGS,CA 92240 342450 20 CHEVRON STATIONS INC 72276 RAMON RD THOUSAND PALMS,CA 92276 352186 20 DIAB AHMAD HUSSEIN 20000 N INDIAN AVE NORTH PALM SPRINGS,CA 92238 (0407 EXHIBIT A (008 6600 N. INDIAN CANYON DRIVE CHEVRON, INC. CONDITIONS OF APPROVAL Before final acceptance of the project,all conditions listed below shall be completed to the satisfaction of the City Engineer,the Director of Planning,the Chief of Police,the Fire Chief or their designee, depending on which department recommended the condition. Any agreements,easements or covenants required to be entered into shall be in a form approved by the City Attorney. PLANNING 1. The proposed development of the premises shall conform to all applicable regulations ofe Palm Springs Zoning Ordinance,Municipal Code,or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. la. The owner shall defend,indemnify,and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents,officers or employees to attach, set aside,void or annul, an approval of the City of Palm Springs, its legislative body,advisory agencies,oradministrative others concerning Case 5.0769-cup. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of matter and pay the Ctty's associated legal costs orwill advance funds to pay for defense of matter by the City Attorney. Ifthe City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding orfails to cooperate fully in the defense,the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicants consent but should it do so, the City shall waive furtherindemniflcation hereunder,except,the CIVs decision to settle or abandon a matterfollowing an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. 2. Hours for the sale of beer shall be limited to those hours permitted by the Bureau of Alcohol and Beverage Control. 3. Stacking of merchandise or other displays shall be limited as to not block visibility into the facility,as determined by the Director of Planning and Building and the Chief of Police. 4. All conditions of the Conditional Use Permit application be met BUILDING DEPARTMENT: 5. Prior to any construction on-site, all appropriate permits must be secured. RESOLUTION NO. 19616 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A RESOLUTION OF CONVENIENCE AND NECESSITY FOR A TYPE 20, OFF-SALE BEER AND WINE LICENSE FOR AN EXISTING CHEVRON CONVENIENCE MINI-MARKET LOCATED AT 6600 N. INDIAN CANYON DRIVE, HC ZONE, SECTION 23. WHEREAS, Chevron Station Inc., (the 'Applicant") is requesting the adoption of a Resolution of Convenience and Necessity for an existing Chevron convenience mini- market to be located at 6600 N. Indian Canyon Drive, HC zone, Section 23; and WHEREAS,the City Council is being asked to adopt a Resolution of Convenience and Necessity pursuant to the requirements of the Alcoholic Beverage Control Board; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented In connection with the project, including but not limited to the staff report, and the recommendation of the Planning Commission. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby adopts a Resolution of Convenience and Necessity subject to those conditions set forth in the attached Exhibit A,which are on file in the Office of the City Clerk. ADOPTED this 21st day of Jul v , 1999. AYES: Members Barnes, Hodges, 0den and Mayor Kleindienst NOES: Member Reller-Spurgin ABSENT. None ABSTENTIONS: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk City Manager REVIEWED&APPROVED AS TO FORM 1 � r