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Home My WebLink About12/6/2006 - STAFF REPORTS - 2.F. �0 4PAM S, i2 1 11 N ' RnoRnnO`',• CA`'F°Ra`P. CITY COUNCIL STAFF REPORT DATE: December 6, 2006 Consent Calendar SUBJECT: REQUEST BY DORE REYES FOR THE ADOPTION OF A RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY IN ORDER TO BEER AND WINE (TYPE 20 ABC LIQUOR LICENSE) AT SANTA MARIA MEAT MARKET LOCATED AT 1566 NORTH PALM CANYON DRIVE, ZONE C1, SECTION 10. CASE: 5.1131 - PCN FROM: David H. Ready, City Manager BY: Director of Planning Services SUMMARY Staff is requesting that the Council adopt a Resolution of Public Convenience or Necessity to allow the sale of beer and wine at Santa Maria Meat Market located at '1666 North Palm Canyon Drive. RECOMMENDATION: Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY IN ORDER TO SELL BEER AND WINE (TYPE 20 ABC LIQOUR LICENSE) AT SANTA MARIA MEAT MARKET LOCATED AT 1566 NORTH PALM CANYON DRIVE, ZONE C1, SECTION 10.° BACKGROUND: The applicant has applied for a liquor license through the Department of Alcoholic Beverage Control (ABC) for an existing building at 1566 North Palm Canyon Drive, The ABC license is a 'Type 20" license authorizing the sale of beer and wine for off-site consumption. The State Department of Alcoholic Beverage Control will not issue the license unless the City Council adopts a resolution pursuant to state law, indicating that the premises will provide for the public convenience or necessity. ITEM NO. a` City Council Staff Report December 6, 2006 5.1131-PCN Page 2 of 3 DISCUSSION: The applicant is applying for a new liquor license at the location (for off-site consumption of beer and wine only). The Department of Alcoholic Beverage Control is requiring a resolution from the City Council to approve an "undue concentration" of such licenses. In accordance with Section 23958.4 of the Business and Professions Code which took effect on January 1, 1995, "undue concentration" means a property that is located in a census tract (or division) where the ratio of on-sale retail licenses to the population in that tract (or division) exceeds the ratio of licenses to the population in the subject county. When an undue concentration is determined to exist, the State Department of ,Alcoholic Beverage Control will not issue a license for the sale of alcohol without a letter or resolution from the City Council (or delegated designee by the City Council) which indicates the premises will provide for the public convenience or necessity. Currently the State Department of Alcoholic Beverage Control considers the City of Palm Springs as having an "undue concentration" of liquor licenses--that is, more liquor licenses per capita in Palm Springs than throughout Riverside County. For the subject property, Census Tract #0446.01 has one hundred six on-sale licenses with eight more pending and fourteen off-sale with three more pending. The tract has the population to allow six on-sale and four off-sale licenses. State law was enacted to allow local government the opportunity to regulate the number and location of such uses. By making a finding of "Public Convenience or Necessity", the City Council may determine that the subject premises will provide for the convenient patronage of the public whereby the convenience does not already exist in the immediate area. The subject property is in a commercial area. Abutting uses are detailed on Table 1 as follows: Table 1: Surrounding Land Uses and Zoning GP Zone Description North H 43/21 C1 Restaurant (Baker's Square) South H 43121 C1 Small Commercial -East _ H 43/21_ R:T Multi-family Residential West H 43/21 C1 Retail Commercial The proposed business was previously issued a 'Type 20" liquor license by the ABC, following a Council finding of Convenience and Necessity'. Subsequently, during the transfer of ownership, the new owner was unable to use the previous liquor license due to issues during escrow and was required to re-apply with the ABC. The floor area of the proposed business is approximately 1,265 square feet and the alcohol sales will make up approximately twenty percent of the business sales based on previous sales as stated by the new owner. 1 Resolution No. 20732; September 3, 2003 City Council Staff Report December 6, 2006 5.1131-PCN Page 3 of 3 ANALYSIS: Pursuant to Section 92.12.01(A)(20) of the Palm Springs Zoning Code, "food stores and delicatessens" are a permitted use by right-of-zone within the "Cl" retail business zone, and they do not require any additional land use authorization. The proposed alcohol sales use is a part of an existing primary use and is only intended as an accessory use. This location was previously granted a "Type 20" liquor license approval in 2003 by the City Council and by the ABC. Therefore, the type and intensity of the retail sale of beer and wine is not likely to negatively impact the public safety or welfare. CONCLUSION: Staff is recommending approval of Case 5.1131-PCN and adoption of a Resolution of Public Convenience for the Santa Maria Meat Market to allow issuance of a Type 20 Liquor License and the off-site sale of beer and wine located at 1666 North Palm Canyon Drive. (FISCAL IMPACT: No fiscal impact. CrWA.�Ewing, AhCP, Thomas W. Wi n, Direc'tar of Pla nn ng Services Assistant City Manager David K Ready, City a Attachments: 1. Draft Resolution 2. Letter of Request RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A RESOLUTION OF PUBLIC CONVENIENCE IN ORDER TO SELL BEER & WINE AT SANTA MARIA MEAT MARKET LOCATED AT 1566 NORTH PALM CANYON DRIVE, ZONE C1, SECTION 10. WHEREAS, Dore Reyes ("applicant") has requested the adoption of a Resolution of Public Convenience or Necessity in order to sell alcohol at Santa Maria Meat Market located at 1566 North Palm Canyon Drive, Zone C1, Section 10; and WHEREAS, Dore Reyes ("applicant") agrees to sell beer & wine as part of a market store use and that retail alcohol sales will be accessory to this use; and WHEREAS, the City Council is being asked to adopt a Resolution of Public Convenience pursuant to the requirements of the Alcoholic Beverage Control Board and applicant; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the Resolution of Public Convenience, including but not limited to the staff report; and WHEREAS, the applicant has applied with the State of California Alcoholic Beverage Control for a license to sell alcohol: license number 20 (Off-site Beer and Wine). THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council finds that a Type 20 liquor license (for sale of off- site consumption of beer and wine) at 1566 North Palm Canyon Drive (Case No. 5.1131) serves the Public Convenience, ADOPTED THIS day of 2006_ David H. Ready, City Manager ATTEST: James Thompson, City Clerk Resolution No. Page 2 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 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 by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California �r��1 �� I IBC, �'� ��'✓�d �� J Z;7 % I � � � � fz- � Iq C .