The URL can be used to link to this page

Home My WebLink About7/19/2017 - STAFF REPORTS - 1.F. �OQ?ALM Sp4 .y c V N F + ovate ^' r * CgOFORN`P CITY COUNCIL STAFF REPORT DATE: July 19, 2017 CONSENT AGENDA SUBJECT: REQUEST BY ON THE MARK FINE FOODS AND PROVISIONS, INC. FOR A RESOLUTION OF PUBLIC CONVIENENCE OR NECESSITY (PCN) TO SELL BEER AND WINE (TYPE 20, OFF-PREMISES RETAIL ALCOHOLIC BEVERAGE CONTROL LICENSE) AT A PROPOSED SHOP LOCATED AT 777 NORTH PALM CANYON DRIVE (CASE 5.1422 PCN). FROM: David H. Ready, City Manager BY: Department of Planning Services SUMMARY The City Council will consider a request to adopt a Resolution of Public Convenience or Necessity (PCN) for the sale of beer and wine for consumption off premises (Alcoholic Beverage Control Type 20 license) at On the Mark Fine Foods and Provisions shop located within a Census Tract that is identified by the ABC as an area with over concentration of liquor licenses. RECOMMENDATION: Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING THAT PUBLIC CONVENIENCE WILL BE SERVED BY THE SALE OF BEER AND WINE FOR CONSUMPTION OFF PREMISES (TYPE 20 STATE ALCOHOLIC BEVERAGE CONTROL LICENSE) AT THE ON THE MARK FINE FOODS AND PROVISIONS SHOP LOCATED AT 777 NORTH PALM CANYON DRIVE AND WITHIN CENSUS TRACT 446.06." BACKGROUND: Related Relevant City Actions by Planning, Fire, Building, etc. 12/31/1979 Building permits were obtained for the construction of the office/ commercial building. 07/06/2009 The building owner obtained a permit for the exterior repaint ITEM NO. 1 City Council Staff Report July 19,2017—Page 2 Case No. 5.1422 PCN—On the Mark Gourmet Shop The applicant, Mark Van Laanen, is proposing to establish and operate a gourmet food shop at an existing commercial/office building located at 777 North Palm Canyon Drive. The business will primarily engage in the sales of food and provisions such as gourmet artisanal cheese, olives, oils, sweets, savories, baked goods and "take away" types of lunches and prepared dinners. The applicant would also like to sell beer and wine for off-site consumption. The California Department of Alcoholic Beverage Control (ABC) requires a Type 20 license for the sale of alcohol in the proposed location. Type 20 licenses are designated as off-premises licenses for the sale of packaged beer and wine. This type of liquor license does not allow for the sale of open containers of beer and wine; consumption of purchased beer and wine from the proposed store will be off- site. ANALYSIS: The applicant is in the process of obtaining a "Type 20" liquor license through the State of California Department of Alcoholic Beverage Control (ABC) for the proposed beer and wine sales. The ABC summarizes the 'Type 20" license as follows: OFF SALE BEER & WINE - Authorizes the sale of beer and wine for consumption off the premises where sold. No distilled spirits may be on the premises. Minors are allowed on the premises. Per Section 23958 of the State of California Business and Professions Code, the California Department of Alcoholic Beverage Control (ABC) is required to "...deny an application for a license if issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an undue concentration of licenses, except as provided in Section 23958.4." Section 23958.4(a) of the Code defines undue concentration as follows: As to off-sale retail license applications, the ratio of off-sale retail licenses to population in the census tract or census division in which the applicant premises are located exceeds the ratio of off-sale retail licenses to population in the county in which the applicant premises are located. The Section further states that a license may be issued when ",..the local governing body of the area in which the applicant premises are located, or its designated subordinate officer or body, determines within 90 days of notification of a completed application that public convenience or necessity would be served by the issuance..." (State of California Business and Professions Code, Section 23958.4(b)(2)). The subject property is located within Census Tract No. 446.06, which covers the west side of the north portion of Palm Canyon Drive that includes parts of Uptown and Downtown neighborhoods. According to information obtained from the ABC, this tract currently has eleven (11) active off-sale beer and wine licenses (see attached list). One Type 20 license is authorized for the tract based on its population. The ABC can only 02 City Council Staff Report July 19,2017—Page 3 Case No.5,1422 PCN—On the Mark Gourmet Shop issue the proposed beer and wine license if the Council determines that the public convenience or necessity would be served. The subject property is a commercial/office use and is located along Palm Canyon Drive which is a major commercial corridor. Furthermore, the location is within walking distance from the downtown area; the site is adequate in size and will be suitable for the proposed use. According to the applicant, the gourmet shop will not only cater to the needs of local permanent residents but also to the visitors to the City. In reviewing the location of the other existing licensees, the subject property is located more than two blocks from the closest licensees (342 N. Palm Canyon to the south and 1200 N. Palm Canyon to the north). Based on the dispersed pattern of the 11 licensees within the census tract, the request by the applicant will not create a saturation of off-sale licenses. Staff believes that the additional liquor license will not be inconsistent with the desired mix of commercial uses in the tract and will serve the public convenience; a draft resolution for Council consideration has been prepared. FI n Fagg, AICP N Marcus Fuller, P.E., M.P.A., P.L.S. Director of Planning Services Assistant City Manager/City Engineer David H. Ready, Esq City Manager Attachments: 1. Vicinity Map 2. Draft Resolution 3. Letter of Request from the applicant 4. List of Authorized License Types in the Subject Census Tract 5. Census Tract Map 03 N p PLM S< Department of Planning Services w E Vicinity Map C,LliO RNLP 5 RIA HERM OSA PL RIA R2 CI 'I.., C1 R3 R3 RIB RIB K z O R1A _...._. Y _ELALAMEDA z 0 u Q 0 a MOUNTAIN VIEW PL - R1A. - z C1 R3 R3 RIB RIB 0 O PD U w ( C1 W TAMARISK RD R1A CI R3 R1A p R3 RIB z 0 r MERRO PL PD Q CI CI < .RIB G ` I z R3 O R3 S O PD CI Q R2 D Legend to GRANVIAVALMONTE tl m 2 ®Project Site F-1500-f1 Radius CBD Q Zoning O R3 RIB CHINO DR - - - Parcels _...----- CU CBD CITY OF PALM SPRINGS 5.1422 PCN 777 North Palm Canyon Drive(APN#: 505-283-008) On the Mark Fine Foods and Provisions, Inc July 10, 2017 04 RESOLUTION NO. 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 20 (OFF SALE BEER AND WINE) FOR ON THE MARK FINE FOODS AND PROVISIONS INC. STORE LOCATED AT 777 NORTH PALM CANYON DRIVE WITHIN CENSUS TRACT NO. 446.06. THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS: A. Mark Van Laanen owner of On the Mark Fine Foods and Provisions, Inc., has applied for a California Department of Alcoholic Beverage Control (ABC) Type 20 (Off Sale Beer and Wine) license to sell beer and wine at 777 North Palm Canyon Drive, Census Tract No. 446.06, Zone C-1. B. The California Department of Alcoholic Beverages and Control (ABC) has determined that there are eleven (11) existing Type 20 alcohol licenses within Census Tract No. 446.06, while one (1) alcohol license would be allowed based on off-sale retail licenses to population in the County in which the applicant's premise is located. C. The California Department of Alcoholic Beverages and Control (ABC) has determined that there is an "undue concentration" of alcohol-related licenses in the Census Tract No. 446.06. 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 the Mark Fine Foods and Provisions Inc., will be located in Census Tract No. 446.06 within a C-1 (Retail Business) Zone. The commercial use will be consistent with the intent of the Palm Springs 2007 General Plan Land Use Element and the Palm Springs Zoning Code, which encourage service-oriented land uses. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES: That the public convenience would be served by the issuance of Type 20 (Off-Sale Beer and Wine) alcoholic beverage license for the sale of beer and wine at On the Mark Fine Foods and Provisions, Inc. located at 777 North Palm Canyon Drive, Census Tract No. 446.06, Section 10/T4/R4. ADOPTED THIS 19th DAY OF July, 2017. 05 Resolution No. Page 2 David H. Ready, City Manager ATTEST: Kathleen Hart, Interim City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, Kathleen Hart, Interim 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: Kathleen Hart, Interim City Clerk City of Palm Springs, California 06 May 10, 2017 Dear City councilmen, my name is Mark Van Laanen . the reason for this letter is to ask you for approval on obtaining a class 20 retail wine and beer license for my new shop. The business location is 777 N. Palm Canyon Av suite 101. It is a commercial building and in the proper zone. My business is going to be a gourmet artisanal cheese, charcuterie, olives, oils, sweets , savories, baked goods, grab and go foods. Having lunches, picnics, tray platters, prepared dinner with sides to choose from. With that I would need wine and beer to accompany my product. A one stop for a complete meal. It would greatly give the reason to and shop without having to make multiple stop for what they need. It's not everything, Just everything you want! It's a great location and will do nothing but enhance the neighborhood. There is parking for 40 cars which is a bonus. All of my products are going to be clean and green, from the ground up. I will only be selling 100% organic wine and small batch micro beers from the west coast helping to support other small businesses. Please if you have any questions I am available. Thanking you in advance Sincerely Mark Van Laanen RECEIVED 901 N. Palm Canyon Av. Palm Springs Ca. 92262 ,Y i 0 2017 PLANNINGSERVICES 760 218 4435 DEPARTMFP S. I44aa _Zz3a69" 1 , ep�ent of A oaholic Beverage Control State of California INFORMATION AND INSTRUCTIONS - Edmund G.Brown Jr.,Governor SECTION 23958.4 B&P Instructions This form is to be used for all applications for original issuance or premises to premises transfer of licenses. Part 1 is to be completed by an ABC employee, given to applicant with pre-application package,with copy retained in holding file or applicant's district file. Part 2 is to be completed by the applicant,and returned to ABC. Part 3 is to be completed by the local governing body or its designated subordinate officer or body, and returned to ABC. PART 1 -TO BE COMPLETED BY ABC i. APPLICANTS NAME ON THE MARK FINE FOODS AND PROVISIONS INC 2. PREMISES ADDRESS(Street number and name,city,gip code) 3. LICENSE TYPE 777 N PALM CANYON DR STE 101 PALM SPRINGS, CA 92262 20 4. TYPE OF BUSINESS Full Service Restaurant Hofbrau/Cafeteria Cocktail Lounge Private Club Deli or Specialty Restaurant Comedy Club Night Club Veterans Club Cafe/Coffee Shop Brew Pub Tavern: Beer Fraternal Club Bed&Breakfast Theater Tavern. Beer&Wine Wine Tasting Room Wineonly All Supermarket Membership Store Service Station Swap MeeUFlea Market Liquor Store Department Store Convenience Market Drive-in Dairy DrugiVariety Store Florist/Gift Shop Convenience Market w/Gasoline X Other-describe: SPECIALTY FOOD STORE _ — 5. COUNTY POPULATION 6. TOTAL NUMBER OF LICENSES IN COUNTY T. RATIO OF LICENSES TO POPULATION IN COUNTY On-Sale Off-Sale On-Sale Off-Sale 8. CENSUS TRACT NUMBER 9. N0.OF LICENSES ALLOWED IN CENSUS TRACT 10. NO.OF LICENSES EXISTING IN CENSUS TRACT 446.06 1 On-Sale X Off-Sale 11 On-Sale X Off-Sale 11, IS THE ABOVE CENSUS TRACT OVERCONCENTRATED WITH LICENSES?(i e.,does the ratio of licenses to population In the census tract exceed the raco of licenses to population For the entire county?) X Yes,the number of existing licenses exceeds the number allowed No,the number of existing licenses is lower than the number allowed �4j 12 DOES LAW ENFORCEMENT AGENCY MAINTAIN CRIME STATISTICS? Yes(Go to Item#13) No(Go to Item#20) 13, CRIME REPORTING DISTRICT NUMBER 14 TOTAL NUMBER OF REPORTING DISTRICTS 15, TOTAL NUMBEROF�f�E N WALL�2Ep(�{yTING�DIS��TS 16. AVERAGE NO.OF OFFENSES PER DISTRICT it 120°6 OF AVERAGE NUMBER OF OFFENSES 18. TOTAL NUMBER OFtOPFEEf IB11 PA5bG(VW�[R]U0l - 19. IS THE PREMISES LOCATED IN A HIGH CRIME REPORTING DISTRI=tie-has a 20%greater number of reported oF,mes than the average number of report all crime reporting districts within the juristli Uion of me local law enforcement agenq) 1 Yes,the total number of offenses in the reporting district equals or exceeds the total number in item#17 No,the total number of offenses in the reporting district is lower than the total number in item#17 20. CHECK THE BOX THAT APPLIES(check only one box) -----.. t�_''''ll��''((��ro '[p]��-��p((��;; a. If"No"is checked in both item#11 and item#19, Section 23958.4 B&P does not apply to this application,and no-a 'e4 MfO15h�ir9lNll'6241LAded on this issue. Advise the applicant to bring this completed form to ABC when filing the application. DFP4P'rfiAC:P%7 b. If"Yes'is checked in either item#11 or item#19,and the applicant is applying for a non-retail license,a retail bona fide public eating place license,a retail license issued for a hotel,motel or other lodging establishment as defined in Section 25503.16(b)B&P,or a retail license issued in conjuction with a beer manufacturers license,or winegrower's license,advise the applicant to complete Section 2 and bring the completed form to ABC when filing the application or as soon as possible thereafter. X c. If"Yes"is checked in either item#11 or item#19,and the applicant is applying for an off-sale beer and wine license,an off-sale general license,an on- sale beer license,an on-sale beer and wine(public premises)license,or an on-sale general(public premises)license,advise the applicant to take this form to the local governing body,or its designated subordinate officer or body to have them complete Section 3. The completed forth will need to be provided to ABC in order to process the application. Governing Body/Designated Subordinate Name: FOR DEPARTMENT USE ONLY PREPARED BY(Name of Department Employee) NOELIA GONZALEZ ABC-245(rev.01-11) ^ n 626'2017 California ABC-License Query System -Data Portal California Department of Alcoholic Beverage Control ` For the County of RIVERSIDE - (Off-Sale Licensed and Census Tract = 446.06 Report as of 6/25/2017 License Status License Ong.Iss. Expir Primary Owner and Business Name Mailing Goo Number Type Data Date Premises Addr. Address Code 1) 282471 ACTIVE 20 4/13/1993 6/3012017 7 ELEVEN INC 7 ELEVEN 2171 17666 PO BOX 219088,ATE 7 ELEVEN 3310 2493 N PALM CANYON DR LICENSING PALM SPRINGS,CA DALLAS,TX 75221 9088 92262 Census Tract:0446.06 381844 ACTIVE 21 2/20/2002 1131/2018 KIM, MELISSA PALM SPRINGS LIQUOR 3310 KYOUNGEUN 1200 N PALM CANYON DR PALM SPRINGS, CA 92262 Census Tract:0446.06 j 390499 ACTIVE 21 9/1612002 8/31/2017 KASIRA, MAJED LAS PALMAS LIQUOR 3310 1595 N PALM CANYON DR PALM SPRINGS, CA 92262 Census Tract:0446.06 442775 SUREND 20 12/1/2006 1113012017SHRIJI ENTERPRISES INC FAME TOBACCONIST 3310 155 S PALM CANYON DR, STE A3 PALM SPRINGS,CA 92262-8305 Census Tract:0446.06 5) 486444 ACTIVE 20 4/2112010 3131/2018 GARRIC CELLARS INC GARRIC CELLARS 18N269 NORTHWIND LN 3310 418 W CHINO CANYON RD WEST DUNDEE,IL 60118 PALM SPRINGS,CA 92262-2906 Census Tract:0446.06 511943 ACTIVE 21 10/24/2011 9/30/2017 ELKHALIL, MOUSTAPHA CORK N BOTTLE 3310 2:02:18 PM MAHMOUD 342 N PALM CANYON DR PALM SPRINGS,CA 922625642 Census Tract:0446.06 517745 ACTIVE 21 8/29/2012 2:59:466/30/2017 7 ELEVEN INC 7 ELEVEN STORE 2112- PO BOX 219088,ATT.7 ELEVEN 3310 PM 160 W VISTA CHINO 34637 LICENSING PALM SPRINGS,CA DALLAS,TX 752219088 922623205 Census Tract:0446.06 542728 ACTIVE 20 6/11/2014 4:06:32 5131/2017 KURDMISTO, KELLY WINDY COVE MART 3300 PM KRISTINE 60490 OVERTURE DR PALM SPRINGS, CA 92262.1087 Census Tract:0446.06 j 552201 ACTIVE 21 4/14/2015 8:38:20313112018 SALAMEH,LANA SALHAB LARRYS LIQUOR& 31353 FAJA CABALLERO 3310 AM 2781 N PALM CANYON DR GOURMET DELI CATHEDRAL CITY,CA 92234 PALM SPRINGS,CA 92262.1861 Census Tract:0446.06 10)56731 ACTIVE 21 1/1/1994 6/30/2017 THRIFTY PAYLESS INC RITE AID STORE 5683 2600 CAPITOL AVE,STE 300 3310 366-68 S PALM CANYON SACRAMENTO,CA 958165930 DR PALM SPRINGS,CA 92262 Census Tract: 0446.06 11)567955 ACTIVE 21 10/13/2016 9/3012017 BEVERAGES&MORE INC BEVMOI 1401 WILLOW PASS RD,STE 9003310 4:35:18 PM 333 S PALM CANYON DR, CONCORD,CA 94520-7968 STE 4 PALM SPRINGS,CA 92262-7301 09 Census Tract:0446.06 http://www.abc.ca.gm/datport/AHCountyRep.asp 1/2 1 9 East Racquet Club Road 5 ■ 3 East Vista Chino Road ■ v m > o` o � o` E > d c Z O Z Z ro C � y 0 Z East Aiejo Road 6 East Amado Road Legend East Tahquitz Canyon Way ■ Project Site 4 .Type 21 License ' .Type 20 License 11 Parcels 10 ❑City Boundary East Ramon Road 10 *No.8(Windy Cove Mart)is out of the City boundary CENSUS TRACT MAP No. 466.06 l TW20 20 at t .,w Palm S�rlTltr 55254 446.06 449.04 i AGUACALIENTE •,,� _. 5 ` > IRES 0020 TCA 9473 446.0 0 i NTEI j ! AGUA 446.Ur1� o RES 0020 + T. U CAULSOON i AGUA .......... _. .... .941+� �447.0 CALIETE! 333 IRES 0020! .9405 To//o2o (s T 448 Z AGUA ! ,Q6_a�lftES00? ..r.. 940 CALQ:TE.VTOOm i 1RE50010! Af,U,A;CALIE�. 44Oq AGUACA 00 AGUA 1 CALIE TE • + AGUA L i y 408 448 IRES00204 iIRES0020 0020 :! CA ,.e,. I Census Tract Map No. 466.06 • Project Site Location 777 North Palm Canyon Drive if