HomeMy WebLinkAbout6/15/2016 - STAFF REPORTS - 1.B. ?ALM Spy
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c'`'F°" CITY COUNCIL STAFF REPORT
DATE: June 15, 2016 PUBLIC HEARING
SUBJECT: AN APPEAL BY THE ATEF D. JABER TRUST, OWNER OF FIESTA MARKET,
REQUESTING THAT THE CITY COUNCIL OVERTURN A CONDITION OF
APPROVAL PROHIBITING THE SALE OF ALCOHOL IN SINGLE-SERVE
CONTAINERS FOR A CONVENIENCE STORE USE; AND A REQUEST FOR A
RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY (PCN) TO SELL
BEER, WINE AND SPIRITS (TYPE 21 — "OFF-SALE ALCOHOLIC BEVERAGE
CONTROL LICENSE) AT THE FIESTA MARKET, LOCATED A 3700 EAST
VISTA CHINO ROAD, SUITE "G," ZONE M-1-P (CASES 5.0691 CUP/APPEAL
AND 5.0691 PCN).
FROM: David H. Ready, City Manager
BY: Department of Planning Services
SUMMARY
On May 11, 2016, the Planning Commission approved a conditional use permit (CUP) for a
convenience store use at 3700 East Vista Chino Road (`The Sossa Center"), at which time it
imposed a condition prohibiting the sale of alcohol in single serve containers. The applicant
has appealed the action of the Planning Commission requesting removal of this condition.
In addition, the applicant is requesting the City Council adopt a Resolution of Public
Convenience or Necessity (PCN) to allow the sale of beer, wine and spirits (Alcoholic
Beverage Control Type 21 Off-Sale License) for this convenience store. The resolution is
needed as the store is located within a Census tract that is deemed to have an
'love rconcentration" of alcohol licenses by the Alcoholic Beverage Control Board (ABC), based
on the population of the Census tract.
RECOMMENDATION:
1) Open the public hearing and receive testimony;
2) Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS CALIFORNIA UPHOLDING THE APPEAL BY THE ATEF D. JABER
TRUST, REMOVING CONDITION OF APPROVAL #"PLN 8" FROM THE CONDITIONS
ITEM NO. kb
City Council Staff Report June 15, 2016
Case 5.0691 CUP/APPEAL; 5.0691 PCN Page 2 of 7
RELATED TO APPROVAL OF CASE 5.0691 CUP, A CONDITIONAL USE PERMIT FOR A
CONVENIENCE STORE USE FOR "FIESTA MARKET" LOCATED AT 3700 EAST VISTA
CHINO ROAD, SUITE "G", ZONE M-1-P "; and
3) Adopt 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
21 AT 3700 EAST VISTA CHINO ROAD, SUITE "G," WITHIN CENSUS TRACT#9412.00."
BACKGROUND AND PROJECT DESCRIPTION:
Date PriorActions/Events
March 1995 The Planning Commission approved a Conditional Use Permit for full-service liquor sales at 3700
Vista Chino.
May 11,2016 The Planning Commission approved Conditional Use Permit for a convenience store use at 3700
Vista Chino Suite"G,"subject to conditions.
The applicant submitted a request for a City Council Resolution of Public Convenience or
May 17,2016 Necessity for a Type 21 —Off-site alcohol license for the sale of beer,wine and spirits at the
convenience store.
May 26,2016 Applicant filed an appeal of the Planning Commission action of May 11, 2016, requesting removal
of Condition PLN 8.
The multi-tenant commercial strip center in which the convenience store is located is on a site
that is approximately one acre in size, and is located at the northeast comer of North Gene
Autry Trail and East Vista Chino Road. A convenience store with liquor sales called Sossa's
Market previously occupied the tenant space, but closed in 2014.
SITE
Site Location Map
A�
City Council Staff Report June 15, 2016
Case 5.0691 CUP/APPEAL; 5.0691 PCN Page 3 of 7
Surrounding Existing Land Use Existing General Plan Existing Zoning
Property Designation Designation
Subject Multi-tenant commercial center NCC(Neighborhood Community M-1-P
PropertyCommercial
North Public Utility Equipment Public Utilities M-1-P
South High Density Residential Escena High Density Residential PD/Escena
East Industrial Industrial M-1-P/M-1
West Vacant NCC C-1
STAFF ANALYSIS — APPEAL:
On May 11, 2016, the Planning Commission considered an application for a conditional use
permit (CUP) for a convenience store use at 3700 East Vista Chino Road, a multi-tenant retail
center known as "The Sossa Center". During public testimony, it was explained that the
applicant had been awarded an alcohol license for the convenience store through the State's
lottery system for a Type 21 Off-sale license for the sale of beer, wine and spirits for off-site
consumption. The applicant explained that the convenience store ("Fiesta Market") was a
specialty market emphasizing custom-cut meats, and a full array of food products including
dairy, soft drinks, and dry goods. He explained that although alcohol sales were expected to
be a small percentage of overall sales, they would be an important part of his inventory in
providing a "full-service family market".
In its deliberation on the CUP, the Planning Commission expressed concern that the sale of
alcohol in single serve containers would exacerbate problems with homeless persons, persons
with alcoholism, and unwanted loitering at the site. Certain members of the Planning
Commission expressed interest in adding a condition of approval prohibiting the sale of alcohol
in single serve containers at the convenience store.
During public testimony, the applicant expressed objection to such a condition, noting that
other retail stores which sell alcohol in the vicinity of his store do not have similar restrictions.
He asserted that such a prohibition would create an unfair disadvantage for his business and
impair his ability to be competitive against other nearby retailers selling alcoholic beverages
who had no such restriction imposed upon them.
In its approval of the CUP for the convenience store use, the Planning Commission added
condition PLN 8, prohibiting the sale of alcohol products in single serve containers. On May
26, 2016, the applicant filed an appeal of the Planning Commission action requesting removal
of the single serve container restriction.
Actions of the Planning Commission are subject to appeal pursuant to the procedures outlined
in Municipal Code section 2.05. A person filing an appeal must identify the specific action
being appealed, give the grounds for the appeal, and state the relief being sought. In the letter
dated May 26, 2016, the appellant states the specific action being appealed is the Planning
Commission's imposition of Condition #PLN 8 related to approval of his application for a
conditional use permit for a convenience store at 3700 East Vista Chino Road (Case 5.0691
03
City Council Staff Report June 15, 2016
Case 5.0691 CUP/APPEAL; 5.0691 PCN Page 4 of 7
CUP). Condition of approval #PLN 8 states:
Limits on sale of alcohol in single serving containers. If the operator of the
convenience store obtains a license to sell alcohol of any kind, the sale of such
product (for example: beer, wine, malt liquors, wine coolers, beer coolers, spirits,
etc.) in single serving containers shall not be permitted. Alcoholic beverages
must only be sold in multi-unit quantities pre-packaged by the manufacturer.
Wine in containers of at least 750 ML, and spirits in containers of at least 375 ML
(half pint) are exempt from this prohibition.
In the appeal letter, the applicant/appellant states the grounds for his appeal as follows:
The grounds for this appeal is that this condition imposes on my business an
unfair prohibition on the sale of single size containers — which at least eight (8)
other retailers within approximately 1 mile radius of my store have the right to
sell. My store is not a liquor store -- it is a unique specialty market with full line
of custom fresh cut meats, food, deli items, soft drinks, dairy products and fresh
produce to both residents and tourists. Specialty beer brewers and micro-
breweries now bottle high-end limited production beer in single serving
containers — these type of premium products are important to the specialty-
market ambiance and inventory that i seek to offer for sale to the public.
Although the sale of alcoholic beverages represents a relatively small portion of
the sale of all goods and services that 1 will provide, it nonetheless is an
important part of my overall product offerings and allows my store to be more of a
"full service"specialty neighborhood market.
The appellant included a list of retailers in the general vicinity of his business which have no
regulations prohibiting the sale of alcohol in single serve containers. In his appeal letter, the
appellant states that on Tuesday, May 24, 2016, he visited each of the eight stores and
purchased single serve containers of alcohol, to provide evidence that such prohibition of
single serve containers does not exist on other retailers selling alcoholic beverages for off-sale
consumption.
In his appeal, the appellant states,
"Since my store has yet to open, there is no evidence that such a problem
(homeless persons, vagrants, and persons with alcoholism purchasing singles,
consuming them, and causing a nuisance) is, or will be, caused by my product
sales."
The appellant is currently in the process of installing fixtures, casework, and upgrading the
finishes in the tenant space in which Fiesta Market will be located. His business is not open
yet, and therefore there is no evidence that the sale of alcohol in single serve containers at this
specialty market will exacerbate the homeless problem.
The relief that the appellant is seeking is that the City Council uphold his appeal and remove
04
City Council Staff Report June 15. 2016
Case 5.0691 CUP/APPEAL; 5.0691 PCN Page 5 of 7
Condition of Approval #PLN 8 on the CUP for his convenience store use at 3700 East Vista
Chino Road (Case 5.0691 CUP) thereby allowing the sale of alcohol in single serve containers,
consistent with the business practices of other retailers in the vicinity that also have licenses to
sell alcohol for off-site consumption.
CONCLUSION — APPEAL:
The appellant has made a compelling argument in support of the appeal. The condition
imposed, which prohibits the sale of alcohol in single serve containers represents an unfair
restriction in his business activities compared to other retailers in the vicinity who have no such
restriction imposed upon them. As asserted by the appellant, if the City wishes to impose a
prohibition on the sale of alcohol in single serve containers, it should do so citywide, not by
singling out a particular business owner upon which to impose such a condition.
STAFF ANALYSIS — RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY:
The applicant is requesting a Resolution of Public Convenience or Necessity to allow the sale
of beer, wine and spirits within the convenience store. The Fiesta Market is a small
neighborhood community market specializing in custom-cut meats, and a full variety of dairy,
dry goods, and other food and household items. The applicant has applied for a "Type — 21
Off-sale" license through the State of California Department of Alcoholic Beverage Control
(ABC) for the proposed alcohol sales. The ABC summarizes the 'Type — 21 Off-sale' license
as follows:
OFF-SALE GENERAL (Package Store) Authorizes the sale of beer, wine and
distilled spirits for consumption off the premises where sold. Minors are allowed
on the premises.
The proposed liquor license is located within a Census tract in which the current number of
alcohol licenses exceeds the ratio of alcohol licenses-to-population for Riverside County. This
is referred to as an "undue concentration" of alcohol licenses and is specifically defined by
Section 23958.4 of the State of California Business and Professions Code:
As to on-sale retail license applications, the ratio of on-sale retail licenses to
population in the census tract or census division in which the applicant premises
are located exceeds the ratio of on-sale retail licenses to population in the county
in which the applicant premises are located.
The subject property is located within Census Tract #9412.00, which is "+" shaped and
bounded by Sunrise Way to the west, Ramon Road to the south, Landau Boulevard (Cathedral
City) to the east and the Whitewater Wash to the north. According to the Alcoholic Beverage
Control Board (ABC), this tract currently has six (6) active off-sale alcohol licenses. One (1)
license is authorized for the tract based on its population. The ABC will only issue the
05
City Council Staff Report June 15, 2016
Case 5.0691 CUP/APPEAL; 5.0691 PCN Page 6 of 7
proposed liquor license if the Council determines that the public convenience or necessity
would be served by its issuance.
The subject property is designated "NCC" (Neighborhood Community Commercial) in the
General Plan Land Use Element. This designation encourages "convenience commercial uses
that serve adjacent residential neighborhoods such as dry cleaners, grocery stores, bakeries,
bank and post office branches, bookstores, drugstores and smaller-scale restaurants". The
Fiesta Market that is the location of the proposed alcohol license is consistent with the land
use designation within which it is located.
A list of the liquor licenses within this tract is attached to this report with the respective license
types and current status. The nearest liquor license holders within the Census tract are over
one mile to the west at the Palm Springs Marketplace shopping center (Stater Brothers,
AM/PM, Dollar Tree); the other two license holders in the tract are in the vicinity of Ramon
Road and El Cielo Road (Palm Liquor & Deli, Ramon Gas). Based on the physical distance
between this site and the other license holders in the Census tract, approval of a license in this
location is unlikely to result in an oversaturation of alcohol-related uses.
CONCLUSION — RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY:
As the site is a commercial property in the Census tract and located at the intersection of two
major thoroughfares, staff believes that the additional alcohol license will not be inconsistent
with the desired mix of commercial uses in the tract and will serve the public convenience.
FISCAL IMPACT:
No fiscal impact.
ENVIRIONMENTAL ANALYSIS:
Neither the requested removal of the condition prohibiting the sale of alcohol in single-serve
containers nor the PCN request is subject to the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably
foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a
project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations,
Title 14, Chapter 3, because it has no potential for resulting in physical changes to the
environment, directly or indirectly.
06
City Council Staff Report June 15, 2016
Case 5.0691 CUP/APPEAL; 5.0691 PCN Page 7 of 7
�I
-
inn Fagg, AICP Marcus Fuller, P.E., M.P.A., P.L.S.
Director of Planning Services Assistant City Manager/City Engineer
David H. Ready, Esq., Ph.D
City Manager
Attachments:
1. Vicinity Map.
2. Draft City Council Resolution — Appeal
3. Draft City Council Resolution — PCN
4. Appeal letter from the applicant date May 26, 2016 (with attachments)
5. Planning Commission Staff Report, resolution, and conditions of approval and minutes
(May 11, 2016)
6. PCN letter of request
7. List of authorized alcohol license types in the subject Census tract
8. Census tract map
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CITY OF PALM SPRINGS
08
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS CALIFORNIA UPHOLDING THE APPEAL
BY THE ATEF D. JABER TRUST, REMOVING CONDITION
OF APPROVAL #"PLN 8" FROM THE CONDITIONS
RELATED TO APPROVAL OF CASE 5.0691 CUP, A
CONDITIONAL USE PERMIT FOR A CONVENIENCE
STORE USE FOR "FIESTA MARKET" LOCATED AT 3700
EAST VISTA CHINO ROAD, SUITE "G", ZONE M-1-P (APN
677-040-027).
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
1. On March 31, 2016, Atef D. Jaber, representing The Atef D. Jaber Trust, (applicant /
appellant) submitted an application for approval of a Conditional Use Permit (CUP)
for a convenience store use at a multi-tenant commercial center located at 3700
East Vista Chino Road, Suite "G"; (Zone M-1-P) and paid the applicable fees.
2. On May 11, 2016, the Planning Commission of the City of Palm Springs, California
held a public hearing that was noticed in accordance with applicable law, to consider
the CUP application. At said hearing the Planning Commission considered all the
evidence associated with the application including the staff report and all written and
oral testimony and voted to approve the CUP with conditions. Among the
conditions of approval was Condition PLN 8 in which the Planning Commission
imposed a prohibition on the sale of alcohol in single service containers at the
subject convenience store.
3. On May 26, 2016, pursuant to Municipal Code 2.05 ("appeal to the City Council"),
the applicant paid the applicable fees and filed an appeal of the Planning
Commission's actions of May 11, 2016, specifically requesting Condition of Approval
PLN 8 be removed.
4. On June 15, 2016 the City Council of the City of Palm Springs, California held a
public hearing that was noticed in accordance with applicable law, to consider the
appeal. At said hearing the City Council considered the staff report and all written
and oral testimony given in association with the hearing.
5. In the appeal letter dated May 26, 2016, the appellant states the specific action
being appealed is the Planning Commission's imposition of Condition #PLN 8.
Condition of approval #PLN 8 states:
Limits on sale of alcohol in single serving containers. If the operator of
the convenience store obtains a license to sell alcohol of any kind, the
sale of such product (for example: beer, wine, malt liquors, wine
coolers, beer coolers, spirits, etc.) in single serving containers shall not
be permitted. Alcoholic beverages must only be sold in multi-unit 09
Resolution No.
Page 2
quantities pre-packaged by the manufacturer. Wine in containers of at
least 750 ML, and spirits in containers of at least 375 ML (half pint) are
exempt from this prohibition.
6. In the appeal letter, the appellant states the grounds for his appeal as follows:
The grounds for this appeal is that this condition imposes on my
business an unfair prohibition on the sale of single size containers —
which at least eight (8) other retailers within approximately 1 mile radius
of my store have the right to sell. My store is not a liquor store -- it is a
unique specialty market with full line of custom fresh cut meats, food,
deli items, soft drinks, dairy products and fresh produce to both
residents and tourists. Specialty beer brewers and micro-breweries
now bottle high-end limited production beer in single serving containers
— these type of premium products are important to the specialty-market
ambiance and inventory that I seek to offer for sale to the public.
Although the sale of alcoholic beverages represents a relatively small
portion of the sale of all goods and services that l will provide, it
nonetheless is an important part of my overall product offerings and
allows my store to be more of a "full service" specialty neighborhood
market.
The appellant included a list of retailers in the general vicinity of his business which
have no regulations prohibiting the sale of alcohol in single serve containers. In his
appeal letter, the appellant states that on Tuesday, May 24, 2016, he visited each of
the eight stores and purchased single serve containers of alcohol, to provide
evidence that such prohibition of single serve containers does not exist on other
retailers selling alcoholic beverages for off-sale consumption.
7. In his appeal, the appellant states,
"Since my store has yet to open, there is no evidence that such a
problem (homeless persons, vagrants, and persons with alcoholism
purchasing singles, consuming them, and causing a nuisance) is, or will
be, caused by my product sales."
The appellant is currently in the process of installing fixtures, casework, and
upgrading the finishes in the tenant space in which the convenience store use will be
located. His business is not open yet, and therefore there is no evidence that the
sale of alcohol in single serve containers at this specialty market will exacerbate the
homeless problem.
8. The relief that the appellant is seeking is that the City Council uphold his appeal and
remove Condition of Approval #PLN 8 on the Planning Commissions' approval of the
CUP for his convenience store use at 3700 East Vista Chino Road (Case 5.0691
CUP) thereby allowing the sale of alcohol in single serve containers, consistent with
the business practices of other retailers in the vicinity that also have licenses to sell
10
Resolution No.
Page 3
alcohol for off-site consumption.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES:
Section 1: That the condition imposed, which prohibits the sale of alcohol in single
serve containers represents an unfair restriction in his business activities compared to
other retailers in the vicinity who have no such restriction imposed upon them. As
asserted by the appellant, if the City wishes to impose a prohibition on the sale of
alcohol in single serve containers, it should do so citywide, not by singling out a
particular business owner upon which to impose such a condition.
Section 2: The City Council hereby upholds the appeal and overturns the action of the
Planning Commission's imposition of Condition of Approval PLN 8, a prohibition on the
sale of alcohol in single serve containers from the approval of Case 5.0691 CUP, a
Conditional Use Permit for a convenience store use located at 3700 East Vista Chino
Road Suite "G" and retains all other conditions imposed by the Planning Commission on
its approval of the CUP.
ADOPTED THIS 15th DAY OF JUNE, 2016.
David H. Ready, City Manager
ATTEST:
James 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. 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
11
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 21 (GENERAL OFF-SALE) AT 3700 EAST
VISTA CHINO ROAD, SUITE "G," WITHIN CENSUS TRACT
#9412.00.
THE CITY COUNCIL 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
several adjacent residential neighborhoods and to citizens and tourists in the greater 12
Resolution No.
Page 2
area of the City of Palm Springs.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS 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 Manager
ATTEST:
James 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. 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
13
_ _ Sc-3m fi�p : •
05/26/16 Yet . . RECE V E D
Atef D.Jaber
72-711 Ramon Road
Thousand Palms,CA 92276 PLANNING SERViCF�§;,„•, SERVICES
Dear City Council, T)EPARTMENT L:' 'r'2 t'Trn n'T
RE: Appeal of Planning Commission Condition PLN 8 on Planning Case 5.0619 CUP Convenience store use for Fiesta Market at
3700 East Vista Chino Road.
As the owner of Fiesta Market at 3700 East Vista Chino Road, I am writing to appeal one of the Conditions of Approval imposed by
the Planning Commission at their meeting of May 11 2016 regarding Case 5.0691CUP. This CUP case was approved for my
convenience store business (Fiesta Market) to operate. Specifically I am appealing condition number PLN.8 which prohibits the
sale of single serving containers of alcoholic beverages.
I am respectfully requesting that the City Council remove this condition on the basis that it unfairly restricts my sale of these
products while my competitors at eight other retail stores in the same vicinity have no such restriction.
The grounds for this appeal is that this condition imposes on my business an unfair prohibition on the sale of single size containers—
which at least eight (8) other retailers within approximately 1 mile radius of my store have the right to sell! My store is not a
liquor store--it is a unique specialty market with full line of custom fresh cut meats, food, deli items,soft drinks, dairy products and
fresh produce to both residents and tourists. Our hours of operation are expected to be 7am to 10pm. Specialty beer brewers and
micro-breweries now bottle high-end limited production beer in single serving containers — these type of premium products are
important to the specialty-market ambiance and inventory that I seek to offer for sale to the public. Although the sale of alcoholic
beverages represents a relatively small portion of the sale of all goods and services that I will provide, it nonetheless is an important
part of my overall product offerings and allows my store to be more of a "full service"specialty neighborhood market.
It was my impression that the Planning Commissioners imposed this condition in reaction to the citywide problem of homeless
persons and persons who have problems with alcoholism buying singles and then consuming them on the streets, loitering and
causing a nuisance. Since my store has yet to open, there is no evidence that such a problem is, or will be, caused by my product
sales.
If clear empirical evidence shows that there is a city-wide problem with homeless persons, vagrants or alcoholics causing a public
nuisance because of access to alcohol in single serving containers, then the council should impose a citywide prohibition on the sale
of alcohol in single serving containers, and not unfairly target one small business owner such as myself with a restriction that is not
equally imposed on other businesses in the vicinity selling the same products.
I have made a significant investment in tenant space improvement for my store including security cameras to create a safe, pleasant,
and attractive family-oriented specialty market. While I cannot speak to previous businesses that have been in this location or any
of the other retailers whose sales include alcoholic beverages, I intend to operate a clean, professional, well-managed market that
will be an asset to the City of Palm Springs.
I appreciate yo c de ion of my request.
Very sp ully,
Atef Labe for The Atef D.Jaber Trust
Attachments—other nearby markets and stores that sell alcohol in single serve containers.
1 On May 24, 2016, 1 personally visited each of the eight stores and purchased singles from each (the 8 stores are listed on a 14
separate page attached to this letter.) No restrictions on size or quantity of these items were imposed.
1. Mobil Station
3600 E Ramon Road Palm Springs
2. Ramon Liquor
4645 Ramon Road Palm Springs
3. 7 Eleven
1798 Sunrise Vista Chino Palm Springs
4. Baja Riseway
1800 Sunrise Way Palm Springs
5. Arco Ampm
1717 Vista Chino Palm Springs
6. Stater Brothers
1720 Vista Chino
7. Palm Liquor 2
17 Sunrise Way Palm Springs
8. Palm Liquor 1
440 El Cielo Road Palm Springs
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'" ' PLANNING COMMISSION STAFF REPORT
lFONN�P
DATE: May 11, 2016 PUBLIC HEARING
SUBJECT: APPLICATION BY ATEF D. JABER, OWNER OF FIESTA MARKET, FOR A
CONDITIONAL USE PERMIT FOR A CONVENIENCE STORE USE AT THE
SOSSA CENTER, LOCATED AT 3700 EAST VISTA CHINO, SUITE "G"; (CASE
5.0691 CUP; APN#: 677-040-027), ZONE M-1-P (KL)
FROM: Department of Planning Services
SUMMARY
The Planning Commission will review a request for approval of a Conditional Use Permit
(CUP) for a convenience store use in an existing multi-tenant commercial center at the
northeast comer of Gene Autry Trail and Vista Chino Road.
RECOMMENDATION:
Approve subject to conditions of approval.
BACKGROUND:
Since at least 1993, a convenience market / liquor store (Sossa's Market) has been in
operation at this location, however because that market has been closed for over twelve
months, pursuant to Zoning Code Section 94.02.00(1,5)the CUP has expired and a new one is
required at this time.a
General Plan Land Use EK1sdh ' Land Use Existing Zoning
Desl`natloris Desi etlons,_
Subject I Neighborhood Community Multi-tenant commercial M-1-P
Property Commercial(NCC) center
North Public utility Electrical Substation M-1-P
South High Density Residential Undeveloped Escena M-1-P
East Industrial Commercial I PD
West NCC Vacant C-1
Typically when a commercial use requiring a CUP closes, the same CUP-required business use re-opens within
twelve months, or application for a time extension on the CUP is requested. In this instance once the new
convenience store owner was made aware of the lapse in the CUP, the current CUP application was submitted in
a timely manner.
19
Planning Commission Staff Report May 11, 2016
Case 5.0691 CUP—Convenience Store in the M-1-P zone Page 2 of 5
Related Relevant Crty Actions by Planning, Eire, Building,etc...
March 1993 Conditional Use Permit for a Convenience/Liquor store use
]&K- rnka Saw &Ak--7 MR
4a
1fJ�_
♦ 1-�
AERIAL VIEW OF SOSSA'S CENTER
I
{ tl
1
- t LJ
SOSSA'S CENTER(PROPOSED MARKET IS IN THE EASTERNMOST TENANT SPACE)
20
Planning Commission Staff Report May 11, 2016
Case 5.0691 CUP—Convenience Store in the M-1-P zone Page 3 of 5
l a 9n'Aw4F� '[
T9
EASTERNMOST TENANT SURE,FORMER SOSSA'S MARKET,NOW FIESTA MARKET
ANALYSIS
General Plan: The General Plan designation of the subject site is Neighborhood Community
Commercial (NCC). This designation allows for "convenient commercial uses to support
adjacent or nearby residential neighborhoods". The subject property is an existing mixed-use
commercial "strip center". A convenience store is an appropriate use for this sort of
commercial land use designation. Therefore, the proposed use is consistent with the General
Plan.
Zoning: The subject property is zoned M-1-P (Planned Development & Research Park zone).
Pursuant to Section 92.16.01 (D),(5) (uses permitted in the M-1-P zone) the proposed
convenience store use is permitted on the subject parcel subject to approval of a CUP.
Parking: The multi-tenant commercial center has fifty-three (53) off-street parking spaces.
The total square footage of the center is approximately 11,200 gross square feet. Parking for
mixed-use centers is calculated at a rate of 1 space per 250 square feet. Thus, the subject
center requires a minimum of 45 parking spaces and thus the parking is adequate for the
proposed use.
REQUIRED FINDINGS
The Planning Commission must make certain findings in order to approve this Conditional Use
Permit pursuant to Section 94.02.00 of the Palm Springs Zoning Code; those findings are
analyzed by staff below:
1) That the use applied for at the location set forth in the application is properly one
for which a conditional use permit is authorized by this Zoning Code.
The subject property is zoned M-1-P (Planned Development & Research Park zone).
21
Planning Commission Staff Report May 11, 2016
Case 5.0691 CUP—Convenience Store in the M-1-P zone Page 4 of 5
Pursuant to Section 92.16.01 (D),(5) (uses permitted in the M-1-13 zone) the proposed
convenience store use is permitted on the subject parcel subject to approval of a CUP.
2) That the use is necessary or desirable for the development of the community, is
in harmony with the various elements of objectives of the general plan, and is not
detrimental to existing uses or to future uses specifically permitted in the zone in
which the proposed use is to be located.
The convenience store use is desirable at this location, providing easy and convenient
shopping for the residents of the surrounding adjacent neighborhoods. The General Plan
notes that the uses in the NCC land use area should be those that support the adjacent
residential communities. The use is not detrimental to existing or proposed uses permitted in
the zone and thus conforms to this finding.
3) That the site for the intended use is adequate in size and shape to accommodate
such use, including yards, setbacks, walls or fences, landscaping, and other
features required in order to adjust such use to those existing or permitted future
uses of land in the neighborhood.
The Sossa's Center is a multi-tenant commercial center that was constructed at this location
several decades ago. It has adequate parking as required by the zoning code. It is accessed
from two major thoroughfares, Gene Autry Trail and Vista Chino Road, as well from Executive
Drive, a local street on the east side of the center. The center is non-conforming in terms of
landscaping and screening of parking areas, however pursuant to zoning code Section
94.05.03 (A), non-conforming structures/sites for which there are no additions or alterations,
shall be permitted to continue. Thus, the proposed CUP does not trigger requirements for
upgrade to the site landscaping at this time and the project is consistent with this finding.
4) That the site for the proposed use relates to streets and highways properly
designed and improved to carry the type and quantity of traffic to be generated
by the proposed use.
As noted above, the site has vehicular access onto all three adjacent streets and is designed
with adequate amounts of off-street parking. Sidewalks on all street-fronting sides are also
existing which afford adequate pedestrian access to and from the site.
5) That the conditions to be imposed and shown on the approved site plan are
deemed necessary to protect the public health, safety and general welfare and
may include minor modification of the zone's property development standards.
As set of draft conditions of approval are attached for Planning Commission consideration. .
CONCLUSION
The proposed Conditional Use Permit is consistent with the land use policies of the General
22
Planning Commission Staff Report May 11, 2016
Case 5.0691 CUP—Convenience Store in the M-1-P zone Page 5 of 5
Plan and Zoning Code. Staff is recommending approval of the application.
ENVIRONMENTAL
Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the project has been
determined to be categorically exempt from further environmental review pursuant to Section
15301(a) (Existing Facilities).
NOTIFICATION
A public hearing notice was mailed to all property owners within a 500-foot radius of the
subject property. As of the writing of this report, staff has not received any public
correspondence.
Ken Lyon, RA, Associate Planner F 'nn Fagg, AICP, PI nning Dire g� r
ATTACHMENTS
1. Vicinity Map
2. Draft Resolution with Conditions of Approval
3. Site plan and application materials.
23
RESOLUTION NO. 6567
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE
5.0691 CUP; A CONDITIONAL USE PERMIT (CUP) FOR
CONVENIENCE STORE USE AT THE SOSSA CENTER, AN
EXISTING MULTI-TENANT COMMERCIAL CENTER LOCATED
AT 3700 EAST VISTA CHINO ROAD, SUITE "G", ZONE M-1-P,
(APN 677-040-027).
THE PLANNING COMMISSION FINDS AND DETERMINES AS FOLLOWS:
A. On March 31, 2016, the applicant submitted an application pursuant to Palm Springs
Zoning Code (PSZC) Section 94.02 (conditional use permit) for approval of a conditional use
permit for a convenience store use.
B. A notice of public hearing of the Planning Commission was posted in accordance with
applicable law.
C. On May 11, 2016, the Planning Commission held a public hearing on the subject case
at which time it carefully reviewed and considered all of the evidence presented including but
not limited to the staff report and all written and oral testimony.
D. The proposed use is considered a "project' pursuant to the guidelines of the California
Environmental Quality Act ("CEQA"). The City has evaluated the proposal and determined the
project to be Categorically Exempt from further review under CEQA pursuant to Section 15301
(Existing Facilities) of the CEQA Guidelines.
E. Findings in support of a Conditional Use Permit. Subject to the guidelines of PSZC
Section 94.02.00(B)(6), the Planning Commission makes the following findings in support of
approval of a CUP for a convenience store use:
1.) That the use applied for at the location set forth in the application is
properly one for which a conditional use permit is authorized by this
Zoning Code.
The subject property is zoned M-1-P (Planned Development & Research Park zone).
Pursuant to Section 92.16.01 (D),(13) (uses permitted in the M-1-P zone) the proposed
convenience store use is permitted on the subject parcel subject to approval of a CUP.
2.) That the use is necessary or desirable for the development of the
community, is in harmony with the various elements or objectives of the
general plan, and is not detrimental to existing uses or to future uses
specifically permitted in the zone in which the proposed use is to be
located.
24
Planning Commission Resolution No. 6567 Page 2 of 3
Case 5.0691 CUP Convenience Store Use
3700 East Vista Chino Road
The convenience store use is desirable at this location, providing easy and convenient
shopping for the residents of the surrounding adjacent neighborhoods. The General
Plan notes that the uses in the NCC land use area should be those that support the
adjacent residential communities. The use is not detrimental to existing or proposed
uses permitted in the zone and thus conforms to this finding.
3.) That the site for the intended use is adequate in size and shape to
accommodate such use, including yards, setbacks, walls or fences,
landscaping and other features required in order to adjust such use to
those existing or permitted future uses of land in the neighborhood.
The Sossa's Center is a multi-tenant commercial center that was constructed at this
location several decades ago. It has adequate parking as required by the zoning code.
It is accessed from two major thoroughfares, Gene Autry Trail and Vista Chino Road, as
well from Executive Drive, a local street on the east side of the center. The center is
non-conforming in terms of landscaping and screening of parking areas, however
pursuant to zoning code Section 94.05.03 (A), non-conforming structures/sites for which
there are no additions or alterations, shall be permitted to continue. Thus, the proposed
CUP does not trigger requirements for upgrade to the site landscaping at this time and
the project is consistent with this finding.
4.) That the site for the proposed use relates to the streets and highways
properly designed and improved to carry the type and quantity of traffic to
be generated by the proposed use.
As noted above, the site has vehicular access onto all three adjacent streets and is
designed with adequate amounts of off-street parking. Sidewalks on all street-fronting
sides are also existing which afford adequate pedestrian access to and from the site.
5.) That the conditions to be imposed and shown on the approved site plan
are deemed necessary to protect the public health, safety and general
welfare and may include minor modification of the zone's property
development standards.
Conditions of Approval, which are attached as Exhibit A, are proposed to assure
compatible integration of the proposed convenience store use into the surrounding
neighborhood and to ensure that the project does not impose any threat to public
health, safety or general welfare.
� • 25
Planning Commission Resolution No. 6567 Page 3 of 3
Case 5.0691 CUP Convenience Store Use
3700 East Vista Chino Road
THE PLANNING COMMISSION RESOLVES:
Based on the above, the Planning Commission determines that the proposed convenience
store use is consistent with the required findings necessary for approval of a conditional use
permit. The Planning Commission therefore approves Case 5.0691 CUP; a Conditional Use
Permit for a convenience store use at the Sossa's Center, located at 3700 East Vista Chino
Road, Suite "G", subject to the conditions of approval outlined in Exhibit "A" attached hereto.
ADOPTED this eleventh day of May, 2016.
AYES: 6, Commissioner Lowe, Commissioner Weremiuk, Commissioner Donenfeld,
Commissioner Hirschbein, Commissioner Middleton, Chair Klatchko
NOES: None
ABSENT: 1, Vice-Chair Calerdine
ABSTAIN: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
Fli n Fagg, AICP
Director of Planning Services
ry . 26
RESOLUTION NO. 6567
EXHIBIT A
Case 5.0691 CUP
Fiesta Market 3700 East Vista Chino Road Suite "G"
May 11, 2016
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 Services, the Director of
Building and Safety, 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.
ADMINISTRATIVE CONDITIONS
ADM 1. Project Description. This approval is for the project described per Case
5.0691 CUP; except as modified with the approved conditions below;
ADM 2. Reference Documents. The site shall be developed and maintained in
accordance with the approved plans, date stamped March 31, 2016, including
site plans, architectural elevations, exterior materials and colors, landscaping,
and grading on file in the Planning Division except as modified by the
approved Mitigation Measures and conditions below.
ADM 3. Conform to all Codes and Regulations. The project shall conform to the
conditions contained herein, all applicable regulations of the Palm Springs
Zoning Ordinance, Municipal Code, and any other City County, State and
Federal Codes, ordinances, resolutions and laws that may apply.
ADM 4. Minor Deviations. The Director of Planning or designee may approve minor
deviations to the project description and approved plans in accordance with
the provisions of the Palm Springs Zoning Code.
ADM 5. Indemnification. 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 5.0691 CUP. The City of Palm Springs will promptly
notify the applicant of any such claim, action, or proceeding against the City
�.7
Planning Commission Resolution No. 6567
Conditions of Approval—Case 5.0691 CUP Page 4 of 4
Convenience Store Use at 3700 East Vista Chino Road Suite "G"
of Palm Springs and the applicant will either undertake defense of the matter
and pay the City's associated legal costs or will 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 the indemnification herein, except, the City's decision to settle or
abandon a matter following an adverse judgment or failure to appeal, shall not
cause a waiver of the indemnification rights herein.
ADM 6. Maintenance and Repair. The property owner(s) and successors and
assignees in interest shall maintain and repair the improvements including
and without limitation all, parking areas, lighting, signs, walls, and fences in a
first class condition, free from waste and debris, and in accordance with all
applicable law, rules, ordinances and regulations of all federal, state, and
local bodies and agencies having jurisdiction at the property owner's sole
expense. This condition shall be included in the recorded covenant
agreement for the property if required by the City.
ADM 7. Time Limit on Approval. Approval of this Conditional Use Permit shall be
valid for a period of two (2) years from the effective date of the approval.
Once constructed, the Conditional Use Permit, provided the project has
remained in compliance with all conditions of approval, does not have a time
limit.
ADM 8. Right to Appeal. Decisions of an administrative officer or agency of the City
of Palm Springs may be appealed in accordance with Municipal Code
Chapter 2.05.00. Permits will not be issued until the appeal period has
concluded.
ADM 9. Grounds for Revocation. Non-compliance with any of the conditions of this
approval or with City codes and ordinances, State laws; any valid citizen
complaints or policing and safety problems (not limited to excessive alcohol
consumption, noise, disturbances, signs, etc) regarding the operation of the
establishment; as determined by the Chief of Policy or the Director of Building
and Safety, may result in proceedings to revoke the Conditional Use Permit.
In addition, violations of the City Codes and Ordinances will result in
enforcement actions which may include citations, arrest, temporary business
closure, or revocation of this permit in accordance with law.
ADM 10. Comply with City Noise Ordinance. This use shall comply with the provisions
of Section 11.74 Noise Ordinance of the Palm Springs Municipal Code.
Violations may result in revocation of this Conditional Use Permit.
2�
Planning Commission Resolution No. 6567
Conditions of Approval —Case 5.0691 CUP Page 4 of 4
Convenience Store Use at 3700 East Vista Chino Road Suite"G"
ADM 11. Conditional Use Permit Availability. The applicant shall provide a copy of this
Conditional Use Permit to all buyers and potential buyers (conditional use
permits only)
ADM 12. Avigation Agreement Requirement Prior to issuance of a building permit, the
applicant must provide a standard avigation easement and non-suit covenant
in a form prescribed and approved by the City Attorney, with reference to
present and future owners of the parcel (N zone only)
ENVIRONMENTAL ASSESSMENT CONDITIONS
ENV 1. Coachella Valley Multiple-Species Habitat Conservation Plan (CVMSHCP)
Local Development Mitigation Fee (LDMF) NOT required.
ENV 2. Notice of Exemption. The project is exempt from the California Environmental
Quality Act (CEQA); therefore, an administrative fee of $50 shall be submitted
by the applicant in the form of a money order or a cashier's check payable to
the Riverside County Clerk within two business days of the Commission's
final action on the project. This fee shall be submitted by the City to the
County Clerk with the Notice of Exemption. Action on this application shall
not be considered final until such fee is paid (projects that are Categorically
Exempt from CEQA).
PLANNING DEPARTMENT CONDITIONS
PLN 1. Sign Applications Required. No signs are approved by this action. Separate
approval and permits shall be required for all signs in accordance with Zoning
Ordinance Section 93.20.00. The applicant shall submit a sign program to
the Department of Planning Services prior to the issuance of building permits.
PLN 2. Maintenance of Awnings & Projections. All awnings shall be maintained and
periodically cleaned.
PLN 3. Screen Roof-mounted Equipment. All roof mounted mechanical equipment
shall be screened per the requirements of Section 93.03.00 of the Zoning
Ordinance.
PLN 4. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of
signalization will be permitted, except approved alarm systems.
PLN 5. Outside Storage Prohibited. No outside storage of any kind shall be
permitted except as approved as a part of the proposed plan.
29
Planning Commission Resolution No. 6567
Conditions of Approval —Case 5.0691 CUP Page 4 of 4
Convenience Store Use at 3700 East Vista Chino Road Suite "G"
PLN 6. No off-site Parking. Vehicles associated with the operation of the proposed
development including company vehicles or employees vehicles shall not be
permitted to park off the proposed building site unless a parking management
plan has been approved.
PLN 7. Hours. The proposed convenience store is to be open for business to the
p Ily • 0 a. . 0 a. n days we .
PLN 8. Limits on sale of alcohol in single serving containers. If the operator of the
convenience store obtains a license to sell alcohol of any kind, the sale of
such product (for example: beer, wine, malt liquors, wine coolers, beer
coolers, spirits, etc.) in single serving containers shall not be permitted.
Alcoholic beverages must only be sold in multi-unit quantities pre-packaged
by the manufacturer. Wine in containers of at least 750 ML, and spirits in
containers of at least 375 ML (half pint) are exempt from this prohibition.
POLICE DEPARTMENT CONDITIONS
POL 1. Developer shall comply with Section II of Chapter 8.04 "Building Security
Codes" of the Palm Springs Municipal Code.
BUILDING DEPARTMENT CONDITIONS
BLD 1. Prior to any construction on-site, all appropriate permits must be secured.
ENGINEERING DEPARTMENT CONDITIONS
(none)
FIRE DEPARTMENT CONDITIONS
(none)
END OF CONDITIONS
30
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31
EXCERPTS OF MINUTES
At the Planning Commission meeting of the City of Palm Springs, held May 11, 2016,
the Planning Commission took the following action:
2.A. ATEF D. JABER, OWNER OF FIESTA MARKET, FOR A CONDITIONAL USE
PERMIT FOR A CONVENIENCE STORE USE AT THE SOSSA'S CENTER,
LOCATED AT 3700 EAST VISTA CHINO, SUITE "G", APN 6770-040-027,
ZONE M-1-P (CASE 5.0691 CUP).
Associate Planner Lyon presented the proposed project as outlined in the staff report.
Commissioner Weremiuk questioned if a single serving of alcohol (beer or wine mix) is
regulated on this type of use.
Deputy City Attorney noted that typically these conditions are imposed by the Alcohol
Beverage Commission (ABC).
Director Fagg pointed-out that ABC regulates certain types of alcohol licenses within
census tracts.
Chair Klatchko opened the public hearing portion of the meeting:
ATEF JABER, applicant, said he's lived in the valley for 20 years and has owned
grocery stores that had liquor licenses and has had no violations.
There being no further appearances the public hearing was closed.
Commissioner Weremiuk commented that she lives adjacent to this site and this vacant
site is not a good thing. She said people in the neighborhood would like to see this
project succeed. She prefers imposing a condition to restrict selling individual sizes
given the heavy and fast traffic on Vista Chino Road.
Commissioner Middleton asked the applicant if he will sell small bottles of hard liquor (1
to 2 oz.) similar to what are served on flights.
The applicant responded no that he will only sell one-pint and larger and does not have
a problem restricting the small bottles of alcohol.
ACTION: Approve subject to Conditions, as amended:
• Restrict single sales of beer and wine coolers.
• Restrict individual sizes of less than one pint of hard liquor.
32
Motion: Commissioner Lowe, seconded by Commissioner Weremiuk and unanimously
carried 6-0-1 on a roll call vote.
I, TERRI HINTZ, Planning Administrative Coordinator for the City of Palm Springs,
hereby certify that the above action was taken by Planning Commission of the City of
Palm Springs on the 11th day of May, 2016, by the following vote:
AYES: Commissioner Donenfeld, Commissioner Hirschbein,
Commissioner Lowe, Commissioner Middleton, Commissioner
Weremiuk, Chair Klatchko
NOES: None
ABSENT: Vice-Chair Calerdine
Terri Hintz
Planning Administrative Coordinator
33
i •
May 17, 2016
Planning Department
City of Palm Springs, CA.
Attn: Ken Lyon
To Whom It May Concern:
I respectfully request a RESOLUTION for a Public Convenience and/or Necessity(PCN) letter to allow for
the sale of beer,wine and Distilled Spirits at the business Iocater as FIESTA MARKET to be located at
3700 Vista Camino, Unit G, Palm Springs, CA.
Enclosed is my check 4 155 in the amount of$877.00.
1 can be contacted at (760) 285-1125, email atefdwinePyahoo.com or you may contact my Agent
DICK EVITT(909) 821-6426, email—dickevittPearthlink.net.
Sincerely,
ATEF D.JABER
By Dick Witt.
34
Department of Alcoholic 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
PART 1 -TO BE COMPLETED BY ABC
i. APPLICANT'S NAME
THE ATEF D JABER TRUST DATED MAY 24, 2001
-2:-PREMiSESADDIRESS(Street number and name;city,zip code) - - - - 3. LICENSE TYPE
3700 E VISTA CHINO, UNIT G, PALM SPRINGS, CA 92262 21
4-TYPE-CEaUSINES9-
I Full Service Restaurant Hofbra u/Cafeteria _:Cocktail Lounge Private Club
i--Deli or Specialty Restaurant Ir_ ',Comedy Club 'Night Club Veterans Club
Cafe/Coffee Shop '_ ',Brew Pub Tavern: Beer Fraternal Club
I, Bed&Breakfast: �ITheater .Tavern: Beer&Wine Wine Tasting Room
Wine only _I,AII
r _[Supermarket IIIMembership Store Service Station Swap Meet/Flea Market
Liquor Store Department Store XConvenience Market Drive-in Dairy
'DrugNariety Store IFlorist/Gift Shop ',Convenience Markel w/Gasoline
_ Other-describe:
5. COUNTY POPUCATtOff---- AL€.TOT NUMBER OF LICENSES IN COUNTY ITRAT o or I:CENSESTOF COUNTY OPULATION IN COUY -
ale
le 1
B N/A US rRACTNUMSE1e --" hi NO Or-LICENSES ALLOWED IN_CENSSUSSTRACT` Off-Sale_,10,
N/NO.OF LICENSES EXISTING IN_CENNS Sd RACT- Off-Sale
9412 ,1 �Or le AX Off-Sale 6 On-Sale Xi Off-Sale
11 1 STHE-AROVEOENSt7STPACT OVERODNCENTRATED WITH LICENSES?(I a does the ratio of licenses to population in the census tract exceed the ratio of licenses to population for the an
[X;Yes,the number of existing licenses exceeds the number allowed
'I, 'IND,the number of existing licenses is lower than the number allowed
12 -DOESEAW ENFORCEMENT AGENCY MAINTAIN CRIME STATISTICS? - - - - --- _— _- - - ---_- - _ - - -
[�Yes(Go to Item#13) 1 ,No(Go to Item#20)
13. CRIME REPORTING DISTRICT NUMBER - 14.-T0TALNUMl-REPORTING DISTRICTS its TOTAEIdUMBEROF OFFENSES IN ALE REPORTING DISTRICT;
N/A N/A N/A
115 AVERAGEND-OFOFFENSES PER DISTRICT '17. 120%OF AVERAGE NUMBER OFOFFENSES -- -11K TOTAL NUh10ER OF'OFFENSES IN REPORTING DISTRICT -
N/A N/A N/A _
19'-IS THE PREMISES LOCATED1NAlffGH CRIME REPORTING DISTRICT?(i.e.,has a 20 h greeter number of reported crimes then the average number of reported crimes as determined from at
reaching districts within the jurisdiction of the local law enforcement agency)
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
2b CHECKTHBOX THAT APPEIES Icheck only one oo.T - - --- - ----- _- - -
a. If"No"is checked in both item#11 and item#19, Section 239584 B&P does not apply to this application,and no additional information will
be needed on this issue. Advise the applicant to bring this completed form to ABC when filing the application.
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 manufacturer's 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
Governing Body/Designated Subordinate Name:
FOR DEPARTMENT USE ONLY
PREPARED BY(Name-of DeoartmenlEmoloyeet
DONNA M HOGAN
ABC-245(rev. 01-11)
PART 2-TO BE COMPLETED BY THE APPLICANT(If box#20b is checked)
21. Based on the Information on the reverse,the Department may approve your application if you can show that public convenience
or necessity would be served by the issuance of the license. Please describe below the reasons why issuance of another license is
- --- - - 39
22.--APPLICANTSIGNATURE --- ---- -23. DATESIGNEo
PART 3 -TO BE COMPLETED BY LOCAL OFFICIALS(If box#20c is checked)
The applicant named on the reverse is applying for a license to sell alcoholic beverages at a premises where undue concentration
exists(i.e.,an over-concentration of licenses and/or a higher than average crime rate as defined in Section 23958.4 of the Business
and Professions Code). Sections 23958 and 23958.4 of the Business and Professions Code requires the Department to deny the
application unless 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.
Please complete items#24 to#30 below and certify or affix an official seal, or attach a copy of the Council or Board resolution or a
signed letter on official letterhead stating whether or not the issuance of the applied for license would serve as a public convenience
or necessity.
24. WIEEPUBLICCONVENIENCE OR NECESSITY BE SERVED BY ISSUANCE OF THIS ALCOHOLIC BEVERAGE LICENSE'+ - - --- -- - -_-- - - -
Yes i No - See Attached (i.e., letter, resolution,etc.)
25.-ADDITIONAL COMMENTS,IF DESIRED(may include reasons for approval or denial of public convenience or necessity). - - -------
2i5 CIWICOUNTY OFFICIAL NAME 27 CITY/COUNTY OFFICIAL TITLE -- - - '28:-DITYICOUNTY OFFICIAL PHONE NUMBER _--
29:CI YTY1COUNTYZFFICIALSIGNATURE— --- -- '30. DATE SIGNED
AbU-24b REVERSE rev. 01-11)
36
California ABC - License Query System - Data Portal Page l of 2
California Department of Alcoholic Beverage
Control
For the County of RIVERSIDE - (Off-Sale
Licenses
and Census Tract = 9412
Report as of 1/12/2016
Primary Owner
License Licens Orig. Iss. Ex it Business MailingGeo
�Numbe Status Type Date Date and Premises Name Address Code
Adcm
1 355503 0,CTIVE 21 10/14/1999 /30/2016 3TATER BROS TATER PO BOX 150 310
MARKETS ROS SAN
1717 E VISTA ARKETS BERNARDINO,
HINO, STE A 126 A 92402-0150
PALM SPRINGS,
A 92262
ensus Tract:
412.00
73487 0,CTIVE 20 12/10/2008 11/30/ 00 66 S RCO AM �O BOX 2817 3310
PETROLEUM PM 82961 NDIO, CA
INC 2202-3517
1717 E VISTA
CHINO, STE C
PALM SPRINGS,
A 92262-3596
ensus Tract:
412.00
79278 CTIVE 20 /10/2012 6/30/2016 DOLLAR TREE DOLLAR 500 VOLVO 3310
15:45AM TORESINC REE PKWY
1717 E VISTA TORE CHESAPEAKE,
HINO, STE J 598 A 23320-1604
PALM SPRINGS,
A 92262-3595
ensus Tract:
412.00
03197 4CTIVE 21 10/27/2010 9/30/2016 BDULNOUR, DALM 3310
12:44:02 RAKAN IQUOR &
M EORGES DELI
40 S EL CIELO
RD, # B1 & B2
PALM SPRINGS,
A 92262-7929
ensus Tract:
412.00
550985 0,CTIVE 20 12/8/2014 1/31/2016 DIAB, AHMAD AMON PO BOX 1031 3310
29:40 PM HUSSEIN AS PALM SPRINGS,
600 E RAMON A 92263-1031
RD
PALM SPRINGS,
A 92264-1151
37
http://www.abc.ca.gov/datpoi-t/AHCountyRep.asp 1/13/2016
California ABC - License Query System - Data Portal Page 2 of 2
lCensus
LJI�I�u�JI�� 412.00Tract: I I II
9974 SUREND 21 /11/1981 /30/2016 SOSSA SOSSAS 3310
ENTERPRISES
NC
700 E VISTA
CHINO, STE G
PALM SPRINGS,
A 92262-4021
ensus Tract:
412.00
- - - End of Report - - -
For a definition of codes, view our glossary.
38
http://www.abc.ca.gov/datport/AHCountyRep.asp 1/13/2016
Census Tracts
F Finley Rd..
ci {mr
Rio Cca Rd
E Fronds Dr
a -A r
,? 044¢Od a 5449.6t
y '•.k... Rio Largo Rd
" 941 00. E RaCclulf Club Rd v EVarona Rd s- Vzaona Rd
.¢ s Ontina Rd �'�.,.
Q Z s
`
g FVia cueta
E¢ c Qu9c Rd t.1alana Rd
z 'E '� a F `- Madrid Rd
Ovante Rd O:are Rd
E El Cid Desert ParK Ave z _ Panda Rd
Pu-sta Rd
w t1" "tIC`4�
g nil:Y'.navd Or
TGtec q
�it"Q'
o EChiak SChi main Dr 0449.23
n F NIA e G A, '0Rp
-an,034602 me p 941.00
E El Alame m e" -,da R3
E Tamsisk Rd z tl P._ _ ' 0449.2,
z Varna Ct
E GrarMa V3lmertrs Vanla(te i n
a
kin Fid
E Casa VerCe'NaY 7 Per.le Rd X
yy
EArr Rd z_g �a 4 L'ega Rd 0449.25 �
m v
'EAndras,F or z E LkmorAc° Palm Springs
r
E%L7 or yor"Vai 0447,01 Regronaf Airport
c� 0447.02 _ '15
arvx Rd ir E Calls Fall" ° G
�
E B d anion or
sto Rd "r' t} 0139.2Q;aiisto R
Kirk Dou]la�Yu'aY a _
a 2
3 G y
— a` AirNM Crier DI Smah St a Mai
n
FralereCadcr
'n 0448.06 C`r nro E Sul rtrr Du,«Rd S
93Q7_00 ......;. 4. 0448.04 44l@00 T W (�349.07 4
* = Existing Businesses that are Issued Liquor Licenses within Census Tract
39
'ti?.tvl� �i25T
',' C7k3 ' Sr-BMf1'f'EO:
05/26/16 RECEIVED RECEIVED
Atef D.Jaber .) Q ) �O)6
72-711 Ramon Road
Thousand Palms,CA 92276 PLANNING S£RVICKANNING SERVICES
Dear City Council, DEPARTMENT DEPARTMENT
i
RE: Appeal of Planning Commission Condition PlN 8 on Planning Case 6.0619 CUP Convenience store use for Fiesta Market at
3700 East Vista Chino Road.
i
i
As the owner of Fiesta Market at 3700 East Vista Chino Road,I am writing to appeal one of the Conditions of Approval imposed by
j the Planning Commission at their meeting of May 11 2016 regarding Case 5.O691CVP- This CUP case was approved for my
convenience store business(Fiesta Markel)to operate. Specifically I am appealing condition number PLN.B which prohibits the
sale of single serving containers of alcoholic beverages.
I am respectfully requesting that the City Council remove this condition on the basis that it unfairly restricts my sale of these
products while my competitors at eight other retail stores in the some vicinity have no such restriction.
I
The grounds for this appeal Is that this condition imposes on my business an unfair prohibition on the sale of single size containers—
hich at least eight(8)other retailers within approximately 1 mile radius of my store have the right to sell.' My store is not a
liquor store--it is a unique specialty market with full line of custom fresh cut meats,food,deli items,soh drinks,dairy products and
fresh produce to both residents and tourists.Our hours of operation are expected to be lam to 10pm. Specialty beer brewers and
j micro-breweries now bottle high-end limited production beer in single serving containers—these type of premium products are
important to the specialty-market ambiance and inventory that I seek to offer for sale to the public. Although the sale of alcoholic
beverages represents a relatively small portion of the sale of all goods and services that I will provide,it nonetheless is an important
part of my overall product offerings and allows my store to be more of a"full service"specialty neighborhood market.
j It was my impression that the Planning Commissioners imposed this condition in reaction to the citywide problem of homeless
persons and persons who have problems with alcoholism buying singles and then consuming them on the streets,loitering and
causing a nuisance. Since my store has yet to open,there is no evidence that such a problem is,or will be,caused by my product
sales.
If clear empirical evidence shows that there is a city-wide problem with homeless persons,vagrants or alcoholics causing a public
nuisance because of access to alcohol in single serving containers,then the council should impose a citywide Prohibition on the sale
of alcohol in single serving containers,and not unfairly target one small business owner such as myself with a restriction that is not
equally imposed on other businesses In the vicinity selling the same products.
have made a significant investment In tenant space Improvement for my store including security cameras to create a safe,pleasant,
and attractive family-oriented specialty market. While I cannot speak to previous businesses that have been in this location or any
of the other retailers whose sales Include alcoholic beverages,I intend to operate a clean,professional,well-managed market that
will be an asset to the City of Palm Springs.
I appreciate 7ully
e on of my request.
Very R sp
Atef Jabe far The Atef D.Jaber Trust
Attachments—other nearby markets and stores that sell alcohol in single serve containers.
f
' On May 24,2016,1 personally visited each of the eight stores and purchased singles from each(the 8 stores are listed on a
separate page attached to this letter.)No restrictions on size or quantity of these items were imposed.
{
40
O '
PERMIT CENTER
CM OF PALM SPRINGS
' CASE#: TYPE: PROTECT NAME PNl ADDRESS
5.0691 Appeal PC Fiesta Market 680-412-010 3700 Vista Chino Road East
19
ZONING FEFSACCT#001-32212 ENVIRONMENTAL ASSESSMENT FEES-0001-32212
yCHANGE OF ZONE APPLICATION $O.OD NEGATIVE DECLARATION
PRE APP FEE $0.00 MITIGATED NEG DECLARATION
CONDITIONAL USE PERMIT $1,317,00 CATEGORICAL EXEMPTION(EIR
PLANNED DEVELOPMENT �•�
DISTRICT APPLICATION FEE
FINAL DEVELOPMENT PLAN FEE
VARIANCE APPLICATION FEE
INCLUDES SIGN VARIANCE
TIME EXTENSION FEES 50•�
dMISCELLANEOUS/LAND US
MISCELLANEWSFILINGFEESAGCT#001-34303 MISCELLANEOUS FEES
ARCHITECTURAL APPROVAL FEE §D.00 SIGN#001-32205
ADMINISTRATIVE MINOR $0.00 IN LIEU OF- #131-34359
�11 MODIFICATION FEES
PLAN CHECKS PLANNING FEE 50.00 R V- #D01.32210
PLANNING CC AND R ® MISCELLANEOUS-#001-34106 50.00
MISCELLANEOUS/HSPB FEES MISCELLANOUS-#001-34308 / 50.00
SPECIAL EVENT-#001-34303
SURDMSI0N FEESACCrOWI-32213
7 TENTATIVE MAPS FEES
FINAL MAPS FEES $0.00
F
LOT LINE ADI(CERT OF
r COMPLIANCE FEE
'., ENVIRONMENTAL ASSESSMENT FEE
MISCELLANEOUS FEE
j
TOTAL FEE(S) ' $1,317. 00 I
The acceptance of an appiicedon or of a fee is not an entitlement Ora permit to construM change or alter any
portion of the property described In the application.
RECEIVED FROM - ECEIVED BY
DATE 7 i ��
� I
Customer Cashier Planning File Planning Copy) 8166
ATEF D JABEN TRUST 157
72-711 AAMON na
THOUSAHO PALMS,CA 9nr6 2 / > Mnj
MIS
aea�aa $
d��E'�1 .,lL.etq'-1�,rta.
i
CITY OF PALM SPRINGS
PUBLIC NOTIFICATION
Date: June 15, 2016
Subject: Fiesta Market
AFFIDAVIT OF PUBLICATION
I, Kathie Hart, MMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do
hereby certify that a copy of the attached Notice of Public Hearing was published in the
Desert Sun on June 4 and June 5, 2016.
1 declare under penalty of perjury that the foregoing is true and correct.
WdAa
Kathie Hart, MMC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
1, Kathie Hart, MMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do
hereby certify that a copy of the attached Notice of Public Hearing was posted at City Hall,
3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board, and in the Office
of the City Clerk on June 2, 2016.
1 declare under penalty of perjury that the foregoing is true and correct.
Yak$
Kathie Hart, MMC
Chief Deputy City Clerk
AFFIDAVIT OF MAILING
I, Kathie Hart, MMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do
hereby certify that a copy of the attached Notice of Public Hearing was mailed to each and
every person on the attached list on June 2, 2016, in a sealed envelope, with postage
prepaid, and depositing same in the U.S. Mail at Palm Springs, California.
(38 notices)
I declare under penalty of perjury that the foregoing is true and correct.
WdAa
Kathie Hart, MMC
Chief Deputy City Clerk
42
NOTICE OF PUBLIC HEARING
CITY COUNCIL
CITY OF PALM SPRINGS
CASE 5.0691 APPEAL
"FIESTA MARKET CONDITIONAL USE PERMIT"
3700 EAST VISTA CHINO ROAD
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold
a public hearing at its meeting of June 15, 2016. The City Council meeting begins at 6:00 p.m., in
the Council Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs, California.
The purpose of the hearing is to consider an appeal by Atef Jaber, owner of Fiesta Market,
requesting that the City Council overturn a condition of approval prohibiting the sale of alcohol in
single serve containers related to a Conditional Use Permit for a convenience store use for "The
Fiesta Market", located at 3700 East Vista Chino Road Suite "G", Zone M-1-P.
ENVIRONMENTAL DETERMINATION: This action is deemed a project under the California
Environmental Quality Act (CEQA) and has been determined to be categorically exempt from
environmental review pursuant to Section 15301 (Class 1 — Existing Facilities) of the CEQA
Guidelines.
REVIEW OF PROJECT INFORMATION: The staff report and other supporting documents
regarding this project are available for public review at City Hall between the hours of 8:00 a.m.
and 6:00 p.m., Monday through Thursday. Please contact the Office of the City Clerk at
(760) 323-8204 if you would like to schedule an appointment to review these documents.
COMMENT ON THIS APPLICATION: Response to this notice may be made verbally at the Public
Hearing and/or in writing before the hearing. Written comments may be made to the City Council
by letter (for mail or hand delivery) to:
James Thompson, City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Any challenge of the proposed project in court may be limited to raising only those issues raised at
the public hearing described in this notice, or in written correspondence delivered to the City Clerk
at, or prior, to the public hearing. (Government Code Section 65009[b][2]).
An opportunity will be given at said hearing for all interested persons to be heard. Questions
regarding this case may be directed to Ken Lyon, RA, Associate Planner, at (760) 323-8245.
Si necesita ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs y puede hablar con
Felipe Primera telefono (760) 323-8253.
mes Thompson, City Clerk
43
Nl<fiC,HH012 OOD SPONSOR=REPS
MR PETE MORUZZI
4 NIIFbt AND PALM SPRINGS MODERN COMMITTEE
- k ISTf�1RI SITE
P.O. BOX 4738
PALM SPRINGS, CA 92263-4738
CITY OF PALM SPRINGS
PLANNING SERVICES DEPARTMENT
..I' RIF1C .{S . ..�.. '` ATTN SECRETARY 15.0691 Appeal
PO BOX 2743
PALM SPRINGS, CA 92263-2743
MRS PATRICIA GARCIA-PLOTKIN,
MS MARGARET PARK, DIRECTOR DIRECTOR
AQUA CAk1EMTE EAND,OF CAHU'- AGUA CALIENTE BAND OF CAHUILLA TRIBAL HISTORIC PRESERVATION OFFICE
INDIANS AGUA CALIENTE BAND OF CAHUILLA
PLANNING& DEVELOPMENT DEPT. INDIANS
5401 DINAH SHORE DRIVE 5401 DINAH SHORE DRIVE
PALM SPRINGS,CA 92264 PALM SPRINGS, CA 92264
MR FRANK TYSEN MR JOSEPH ONTIVEROS
' t CASA CODY INN SOBOBA BAND OF LUISENO INDIANS
DP RTrt _A' 175 S. CAHUILLA ROAD CULTURAL RESOURCES MANAGER
,>i P.O. BOX 487
PALM SPRINGS, CA 92262 SAN JACINTO, CA 92581
MR RAYMOND HUAUTE MR MICHAEL MIRELEZ MR DOUG TODD WELMAS
CULTURAL RESOURCE SPECIALIST CULTURAL RESOURCE COORDINATOR TRIBAL CHAIRMAN
MORONGO BAND OF MISSION INDIANS TORRES MARTINEZ DESERT CAHUILLA CABAZON BAND OF MISSION INDIANS
12700 PUMARRA ROAD INDIANS 84-245 INDIO SPRINGS PARKWAY
BANNING, CA 92220 P-O. BOX 1160 INDIO, CA 92203
THERMAL, CA 92274
MS JACQUELYN BARNUM
ENVIRONMENTAL DIRECTOR
CABAZON BAND OF MISSION INDIANS
84-245 INDIO SPRINGS
PARKWAYINDIO, CA 92203
MR ATEF D.JABER DICK EVITT
sS S k29r .� o_0 4 '� 1_0 ATEF D.JABER TRUST ALL STAR REALTY
'Wt$ 83389 MATADOR COURT 5905 WINNCLIFF DRIVE
INDIO, CA 92201 RIVERSIDE, CA 92509
SOSSA FAMILY TRUST
3700 E.VISTA CHINO, UNIT G
PALM SPRINGS, CA 92262
b
60-ao-0 ,947 677-z oo /A.�/Q� 6CC3,t-ooz e9 6&r
No sit ddress available John Hendrick Craig&Alison Hayes
3676 E. Pasco Barbara 3666 E. Pasco Barbara
Palm Springs, CA. 92282
Palm Springs, CA. 92282
677-231-003 677-231-004 677-470-022
Aprils Trust David Waterman Armando Joya
3622 E; Pasco Barbara 7669 El Cerro Dr. 3547 Arnico St.
Palm Springs, CA. 92282 Buena Park, CA. 90020 Palm Springs, CA. 92262
677-470-028 677-470-027 677-040-004
Craig Steen Margaret Hurley Theodore Mandinach
P. O. Box 5710 3657 Arnico St. 3800 Vista Chino
Patin Springs, CA. 92263 Patin Springs, CA. 92262 Palm Springs,CA. 92262
677-040-005 677-232-012 677-232-013
Ramline Joel Alverson Nancy Ellen Nolan
20195 Long Canyon Rd. 3625 E. Paseo Barbara 3663 E. Pasco Barbara
Desert Hot Springs, CA. 92241 Palm Springs,CA.92262 Palm Springs,CA. 62262
677-232-014 677-040-029 677-040-028
John Cunningham Bill Kobayashi Rbs Enterprises Inc.
41 Lansdowne Hill London SE 27 10055 Stilbite Ave. P.O. Box 2647
Olp, United Kingdom Fountain Valley, CA. 92708 Cathedral Citv, CA. 92235
677-232-023 677-232-022 677-232-024
Ross Cummings Michael Karin Christopher Libbay
3666 E. Avenida Fey Norte 7710 Roseland Dr. 4111 W. Sunset Blvd., #A 541
Palm Springs, CA. 92262 La Jolla, CA.. 92017 Los Angeles, CA. 90029
677-040-008 677-040-016 677-040-023
David Kasier Corrin Sanders Ralph Coot er
40623 Baranda Ct. 1935 Ss.Birdie Way 223 Lo� _omond Rd.
Palm Springs, CA. 92260 Palm Springs,CA. 92270 Raiwfio Mirage, CA, 92270
677-040-016 677-250-048 677-250-050
Corrin Sanders New Valley Ps New Valley Ps
1935 S.Birdie Way 712 5'h Ave. # 52dND 712 5"' Ave. #52"
Palm Springs,CA. 92264 New York,Ny 10019 New York,Ny, 90019
CITY OF PALM SPRINGS L/ NEW, VALLEY PS
677-250-062 677-250-055
3200 E TAHQUITZ CANYON WAY 712 5TH AVE
PALM SPRINGS CA 92262-6959 NEW YORK NY 100 19-4 108
AMERICAN SUBSEQUENT AMERICAN SUBSEQUENT
STORAGE 17 STORAGE 17
677-040-015 677-040-015
PO BOX 320099 PO BOX 320099
ALEXANDRIA VA 22320-4099 ALEXANDRIA VA 22320-4099
1 wa0965 pAjU3Ad I wi86p3 dn-dod asodxa jaded paaj 009LS ejeldwai®/uaAV asp
o;awl 6uole pua8 i slage-1®laad Rse3
N
w oFp PLM SPi - -
Department of Planning Services
a
Vicinity Map
C9f I FO0.N�p
5
ARNICO S7
F �
W ''..
W '.. u '..
2 ''.. WW
W
',, W _
l9 I
I
VISTA CHINO _. .
PASEO IRARBARA
AVENIDq PEyk OR1
i
Legend
®Site _.
O 500'Radius
Parcels ' f
r
CITY OF PALM SPRINGS
44
Kathie Hart
From: Joanne Bruggemans
Sent: Thursday,June 02, 2016 1:59 PM
To: El Rancho Vista Estates; Escena NO;Gene Autry
Cc: Ken Lyon; Kathie Hart
Subject: Case 5.0691 Appeal-Fiesta Market
Attachments: 06 15 16 5.0691 Appeal PHN CC.pdf
To All—
Please find the attached Public Hearing Notice of the City Council meeting for Wednesday,June 15, 2016 of the
proposed project within a Y2 mile of your neighborhood organization.
Thank you,
Jla�
Joanne H Bruggemans
City of Palm Springs
Planning Services Department
3200 E.Tahquitz Canyon Way, Palm Springs, CA 92262
Tel: (760) 323-8245 Fax: (760) 322-8360
Email: ioanne.bruggemansC@ Pal msprinasca-aov
45
t
Neighborhood kUap^1/2 Mile Radius
Case#5,O6g1 CUP—Conditional Use Permit application for Convenience Market located at 3700 E Vista
Chino
8 Rancho Vista Estates
[scena Neighborhood Organization
Gene Autry
Gene Autry:' A
El Rancho Vista Estates
5j� -
Legend
Site
6 Mile Radius
Parcels
Neighborhood Organizations
' �K��
m�
The Desert Sun
750 N Gene Autry Trail Certificate of Publication
Palm
78-458/Faxngs, CA 60- CITY OF PALM SPRINGS
760-778-4578/Fax 760-778-4731
State Of California ss: 2#16 AN 7t �$
County of Riverside
JAMES THOMPSoh
CITY CLERK
Advertiser: CITY OF PALM SPRINGS/LEGALS
PO 80X 2743
PALM SPRINGS CA 92263
Order# 0001332029
1 am over the age of 18 years old, a citizen of
the United States and not a party to,or have
interest in this matter. Ihereb certify that the No0827: -:%NOTIcEOfPUBLICHEARING .'
Y 1 CRY COUNCIL CI. OF PALM SPRING$sf
attached advertisement appeared In said .CASE 5 0691APPEAL^FIESTA MARKET CONDITIONAL USE PERMIr" '
-3700 EAST VISTA CHINO ROAD
newspaper(set in type not smaller than non NOTICE IS HEREBY GIVEN that the City CouncRgof,the{tty oY Pplm S nnys,
panel)in each and entire issue of said Coluncil meetiiing beg mpublic
atb 0o prm in its'
h coun•'d chamberl t City Halll,320D
East Tahqurtz Canyon Way,Palm 51prinij,California. _
newspaper and not In any supplement thereof 'The purpose of the hearing is to consider an appeal by Atef Jabar,droner of Fr-
am Market,requesting that the City.CouOdl overturn a condition of;approval
an the following dates,to wit: prohibiting the sale of alcohol in single serve containers related to a Condition
al Use Permit for aconvenience store use for"The Fiesta Market-, located at
370D East Vista Chino Road Suite"G",Zone M 1 P
Newspaper: The Desert Sun
Oyranst/�Po�Yrt�. ,. _
6/4/2016
r
i lJs1,7
' EN,
I acknowledge that I am a principal clerk Of the `
printer of The Desert Sun, printed and 4 I
published weekly in the City of Palm Springs,
County of Riverside, State of California.The
Desert Sun was adjudicated a Newspaper of
general circulation on March 24, 1988 by the
Superior Court of the County of Riverside,
State Of California Case N0. 191236. ENVIRONMENTAL DETERMINATION. This action is deeme)aproject'under the
Califolgia Environmental QwIlly Act(CEQA) and has-been aetermined,to be
categorically exempt from environmental revlew'Rursuam to Sectloh 1536,1
(CIassI Existfrt Facilities)ofthe CEQA GuEdebnes,xtl ,y} _S
REVIEW OF M, JE(,T:INFOR,MATIQN:j f1,he4Abff(,eport and other yupporting
documents regarding tills Died are li 1481e for pubh55..��wwI #T it City Hall be
twe9n Nhe hours of 8 00 a m and 6 W p rqRL Monday ihFough Thursday Please
I declare under penalty of perjury that the mnfaif the Offa:e of fire City Clerk at(760732Ab204 if;you would like q,Ached -
I� ty P N ry ule,anaPppointmentto'[evlewthesedoduments.,, .i s
fOJdMENT ONTHIS APPLICATION Response to ihls notice maybe made verbal
foregoing Is true and correct. Executed on ly at the7ubbc Hearmy and/ormwitin96efore}tie heenng Written comments -
this 4th da of JUNE, 2016 in Palm Springs, maybe madetotfle Gty Cpundlysetter(for mailorharTaelivery)tg1
YVr * sw h�ines °ompson,City Clerk„ I .-
Y 3200{.Tahqurtz WOypri Way;PalmSPdnysCA 92262 �
California. IAny challenge of ttte,prpposed prpject JR`court may be limited to rising only
those?slues rased at th'esyubllc hears ng descnbei] mithu rwtice or m written
'coFre{Pondence;s�elN€red to the City Clerk a�or pdoi So the ypubb<hearng.
(Gave{nine t Cade Se2bon 65009[b) r r'
'An apportur(ity will be given at sal hean for alf9mererted peVion's to be
heardd:Q6estl0ns regardlnsq this cau'may be neciedlp Ken Lyon RA;'pssoriate
Planner St(760
Si ne6 1ta ayudacQmes[a wits porfevof flame a la Ciudad e,Palyd Springs y
puede hablar can F¢Ilpe P(I era telefdno O 0)3f3 8253 ;
lames Thompson,Cityclerk t >;,y,Y •-JhrWished 6/S/201a,:"
Declarant