HomeMy WebLinkAbout24049 RESOLUTION NO. 24049
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 21 AT 3700 EAST VISTA CHINO ROAD,
SUITE G, WITHIN CENSUS TRACT 9412.00.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS AND
DETERMINES AS FOLLOWS:
A. Atef D. Jaber, representing the Atef D. Jaber Trust, has applied for a Type 21
Off-Sale license from the State of California Department of Alcoholic Beverage Control
(ABC) for the sale of beer, wine and spirits at "Fiesta Market," a convenience store
located at 3700 East Vista Chino Road, Suite "G"; Census Tract #9412.00, zone M-1-P,
APN 677-040-027.
B. The ABC has determined that one (1) alcohol license issued to serve citizens in
census tract 9412.00 is authorized based on the ratio of licenses-to-population in this
census tract relative to that of the County of Riverside.
C. The ABC has identified that six (6) alcohol licenses are presently issued to
businesses in census tract 9412.00 and that this represents an over-concentration of
alcohol licenses and that Sections 23958 and 23958.4 of the State of California
Business and Professions Code requires that under these circumstances, the ABC must
deny the issuance of an additional alcoholic beverage license in this census tract unless
the local governing body determines that public convenience or necessity would be
served by the issuance of such license.
D. The Fiesta Market convenience store at 3700 East Vista Chino Road Suite "G" is
located in the Neighborhood Community Commercial (NCC) land use designation of the
Palm Springs General Plan. This land use designation encourages commercial uses
that serve adjacent residential neighborhoods, and as such the Fiesta Market
Convenience store is consistent with this land use designation.
E. The Fiesta Market convenience store at 3700 East Vista Chino Road Suite "G" is
located in the M-1-P zone and pursuant to Palm Springs Zoning Code Section
92.16.01(D,13) convenience store uses are permitted subject to approval of a
Conditional Use Permit (CUP) and on May 11, 2016 the Palm Springs Planning
Commission approved Case #5.0691 CUP, a CUP for the Fiesta Market convenience
store at 3700 East Vista Chino Road, Suite "G".
F. The Fiesta Market convenience store is located at the intersection of two major
thoroughfares; East Vista Chino Road and North Gene Autry Trail and that this site is
provided with adequate off-street parking and has adequate access to public streets
and thoroughfares. The site is well-located to provide convenient retail services to
Resolution No. 24049
Page 2
several adjacent residential neighborhoods and to citizens and tourists in the greater
area of the City of Palm Springs.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS HEREBY RESOLVES:
That the public convenience would be served by the issuance of a Type 21 — Off-
sale alcoholic beverage license for the sale of beer, wine and spirits at the Fiesta
Market convenience store located at 3700 East Vista Chino Road, Suite "G", zone M-1-
P, general plan land use designation "NCC", Census Tract #9412.00, APN
677-040-027.
ADOPTED THIS 15th DAY OF JUNE, 2016.
David H. Ready, City an r
ATTEST:
ames Thompson, City Clerk
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. 24049 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 15ih day of June, 2016, by
the following vote:
AYES: Councilmember Foat, Councilmember Kors, Councilmember Roberts,
Mayor Pro Tem Mills, and Mayor Moon.
NOES: None.
ABSENT: None.
ABSTAIN: None.
oLo
Ties Thompson, City Clerk
ity of Palm Springs, California 64'/E91G0t