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HomeMy WebLinkAbout24524 RESOLUTION NO. 24524 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING THAT THE PUBLIC CONVENIENCE WOULD BE SERVED BY THE ISSUANCE OF AN ON-SALE LIQUOR LICENSE (TYPE 48) AT THE COMMERCIAL PROPERTY LOCATED AT 555 SOUTH PALM CANYON DRIVE, WITHIN CENSUS TRACT #9405. THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS: A. Hair of the Dog Palm Springs, LLC, ("Applicant") has applied for a California Department of Alcoholic Beverage Control (ABC) for a Type 4 (On-Sale General — Public Premises) alcohol license associated with the proposed 5,040-square foot cocktail lounge located within an existing multi-tenant commercial building at 555 South Palm Canyon Drive, Census Tract No. 9405, Zone PD-82 and C-1, APN 513-280-016, Case 5.1452 PCN. B. The California Department of Alcoholic Beverages and Control (ABC) has determined that there are eight (8) on-sale liquor licenses issued within this Census tract while only two (2) such licenses would be allowed based on the population in the County in which the Applicant's premise is proposed. C. The California Department of Alcoholic Beverages and Control (ABC) have determined that there is an "undue concentration" of alcohol-related licenses in the Census Tract No. 9405. 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 December 12, 2018, the Planning Commission approved a related Conditional Use Permit for the proposed cocktail lounge at 555 South Palm Canyon Drive. F. The City Council has carefully reviewed and considered all of the evidence presented in connection with the meeting on the project, including, but not limited to, the staff report, and all written and oral testimony presented. G. The business will be located in Census Tract No. 9405 within the Central Business District land use designation of the General Plan. The General Plan states the intended use of the CBD designation allows for a "mix of commercial, residential, and office uses at a higher concentration, density, and intensity than in other areas of the City. The CBD serves as the main activity center and cultural core of the community... and uses such as grocery stores, hardware stores, and convenience or pharmacy stores that provide services to the Downtown residential population is encouraged." The proposed cocktail Resolution No. 24524 Page 2 lounge will offer an entertainment venue to residents and the City's resort clientele. The product will be sold for consumption on- or off-site in accordance with State laws, and provide another commercial establishment within the southerly end the City's main activity center. Therefore, the operation of a cocktail lounge will be consistent with the intent of the General Plan Land Use Element for the site and its vicinity. H. The site is located within the PD-82 and has an underlying C-1 (Retail Business) zone designation, which allows the proposed use when approved by Conditional Use Permit in accordance with Section 92.12.01(D)(9) of the Palm Springs Zoning Code (PSZC). In addition, the project's frontage, Palm Canyon Drive, is the major commercial corridor in Census Tract Map No. 9405. The proposed location would provide an entertainment outlet for nearby tourist and residents within the immediate area, in addition to the liquor-related businesses within this Census Tract. THE PALM SPRINGS CITY COUNCIL HEREBY RESOLVES: SECTION 1 . That the findings and determinations reflected above are true and correct, and are incorporated by this reference herein as the cause and foundation for the action taken by and through this Resolution. SECTION 2. That the public convenience would be served by the issuance of a Type 48 (On-Sale General — Public Premises) liquor license located at 555 South Palm Canyon Drive, within Census Tract No. 9405. ADOPTED THIS 19T" DAY OF DECEMBER, 2018. David H. Ready, Esq., P . City Manager ATTEST: ony J. M ' a, MMC City Clerk Resolution No. 24524 Page 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 24524 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 19th day of December, 2018, 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 and affixed the official seal of the City of Palm Springs, California, this 316r day of T ce&\v -✓ zo f nthony e'ia, C City Clerk