HomeMy WebLinkAbout12/20/2000 - STAFF REPORTS (15) Date: December 20, 2000
To: City Council
From: Director of Planning & Building
REQUEST BY STAN AMY FOR THE ADOPTION OF A RESOLUTION OF CONVENIENCE
AND NECESSITY IN ORDER TO ESTABLISH A TYPE 67 LICENCE FOR ON-SALE
PRIVILEGE OF WINE FORA BED&BREAKFAST INN FORTHE PROPERTY LOCATED
AT 562 WEST ARENAS ROAD, R-2 ZONE, SECTION 15. (AA CASE FILE NUMBER
3.1818)
RECOMMENDATION:
That the City Council considerthe adoption of a Resolution of Convenience and Necessity
in orderto establish a Type 67licenceforon-sale privilege of wine fora bed&breakfast inn
located at 562 West Arenas Road.
BACKGROUND:
The property located at 562 West Arenas Road is an existing 8 unit bed &breakfast. This
property is located on the north side of West Arenas Road between Cahuilla Road and
Tahquitz Drive. The property was recently approved for renovation and is now under
construction. The owner of the property is Stan Amy.
The requested Type 67 license is for on-sale privilege of wine. This license authorizes the
sale of wine to registered guests of the bed&breakfast,and forthe consumption of the wine
on the premises. Removal of the wine from the grounds is not permitted. This does not
authorize beer or distilled spirits on the premises.
DOUGLAS RIYVAN8
Director of Planning and Building
City Manager
Attachments:
1. Letter request
2. Resolution of Convenience and Necessity
/G04
Sent By: New Village Properties; 1 503 281 9413; Nov-21 -00 12:19; Page 2
New Villages Group, LTD
4109 - #B NE19th
PORTLAND, OR 97211
Phone 503-281-2898
Fax 503-281-9413
10/25/00
VIA FAX: 760-322-8360
TO: Dave Dawson
Planning Department,City of Palm Springs
FROM Stan Amy
RE: Orbit in - ABC (Alcohol Beverage Control) License
Dave, I just got off the phone with Hope Sullivan and she informed me that you are the
person to contact for this issue.
We are applying for an ABC license type 67 "bed&breakfast' (see exhibit#A). The
ABC department has asked for two items related to the Planning Department on which I
would appreciate your assistance: 1) Zoning Affidavit (see exhibit#B) and 2)a Letter
of"Public Convenience and Necessity" (see exhibit 4C).
It is my hope that these issues pose no major problems and can be dealt with quickly. I
will be in Palm Springs tomorrow,Thursday 10/26 from 8 to 5 and will be back in
Portland for the next two weeks. I can be reached on my pager 1-888-344-2933 and can
generally return a page within five minutes or you can call my office number 503-281-
2898 ext. 101. I will also try to contact you tomorrow to see if there is any additional
information you might need from me.
Thank you in advance for your assistance.
Sincerely,
Stan AAm/yJ'—`'
EXHIBIT A
562 W. ARENAS ROAD
CASE NO. 3.1818
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 of the Palm Springs Zoning Ordinance,Municipal Code,or any otherCity
Codes,ordinances and resolutions which supplement the zoning district regulations.
2. 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,or administrative officers concerning Case No.3.1818. 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
the matter and pay the City's associated legal costs orwill advance funds to pay for
defense of the matter by the City Attorney. If the City of Palm Springs fails to
promptly notify the applicant of any such claim, action or proceeding or fails 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
applicant's consent but should it do so,the City shall waive further indemnification
hereunder, except, the City's decision to settle or abandon a matter following an
adversejudgment orfailure to appeal,shall not cause awaiverofthe indemnification
rights herein.
3. This approval is limited to a Type 67license for on-sale privilege of wine to registered
guests at 562 West Arenas Road.
BUILDING DEPARTMENT:
4. Prior to any construction on-site, all appropriate permits must be secured.
/L4 3
RESOLUTION NO.
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADOPTING A RESOLUTION OF
CONVENIENCE AND NECESSITY FOR A TYPE 67
LICENCE FOR ON-SALE PRIVILEGE OF WINE FORA BED
& BREAKFAST INN FOR THE PROPERTY LOCATED AT
562 WEST ARENAS ROAD, R-2 ZONE, SECTION 15.
WHEREAS, Stan Amy, (the "Applicant') is requesting the adoption of a Resolution of
Convenience and Necessity in order to establish a Type 67 licence for on-sale privilege of
wine for an 8 unit bed&breakfast located at 562 West Arenas Road, R-2 zone,Section 15;
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.
ADOPTED this day of 2000.
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By
City Clerk City Manager
REVIEWED & APPROVED AS TO FORM
11, �