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Home My WebLink About12/16/2015 - STAFF REPORTS - 5.C. �PP'LM SA c V N A OOYpiE + C4<IFORe�P CITY COUNCIL STAFF REPORT DATE: December 16, 2015 NEW BUSINESS SUBJECT: REQUEST BY AHMAD DIAB FOR A RESOLUTION OF PUBLIC CONVIENENCE OR NECESSITY (PCN) TO SELL BEER, WINE AND DISTILLED SPIRITS (TYPE 21 ALCOHOLIC BEVERAGE CONTROL LICENSE) AT AN EXISTING GAS STATION LOCATED AT 3600 EAST RAMON ROAD (CASE 5.0789 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, wine and distilled spirits (Alcoholic Beverage Control Type 21 license) at an existing gas station located at 3600 East Ramon Road. The station currently offers beer and wine (ABC Type 20 license) as a part of its retail sales and wishes to replace their license to also sell distilled spirits. The site is located within a Census Tract that is over-concentrated (one allowed and six exist) and thus requires City Council determination that the additional liquor license serves the public convenience or necessity. RECOMMENDATION: Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OF PUBLIC CONVENIENCE IN ORDER TO SELL BEER, WINE AND DISTILLED SPIRITS (TYPE 21 STATE ALCOHOLIC BEVERAGE CONTROL LICENSE) FOR THE PROPERTY LOCATED AT 3600 EAST RAMON ROAD, WITHIN CENSUS TRACT#9412.00." BACKGROUND: Related Relevant CitylTribal Actions.., Nov. 8, 1998 Tribal Planning Commission recommended approval of Planned Development District 252 (PD 252), which included the construction of the subject gas station, and TPM 28907 for an 8-lot subdivision for ITEM NO. City Council Staff Report December 16, 2015-Page 2 Case No. 5.0789 PCN-Ahmad Diab commercial/retail uses on a 23-acre site at Ramon Road and Avenida Evelita. ' Noq1998Planning Commission recommended approval of PD-252 and TPM 28907 to the Cit Council. DeCi Council a roved PD 252 and TPM 28907. MaCity Council approved a Resolution of Convenience or Necessity for a Type 20 off-site beer and wine license at the subject gas station. DETAILS OF APPLICATION REQUEST: Site Area Lot Area 1 .21 acres Building Area 3,901-square feet Surrounding Existing Land Existing General Plan Existing Zoning Property Use Designation Designation Commercial/Gas NCC (Neighborhood / M-1 (Service/ Subject Property Station Community Commercial) Manufacturing) & PD-252 North Vacant NCC M-1 & PD-252 South Office Buildings O Office P Professional East Vacant NCC M-1 & PD-252 West Vacant NCC M-1 & PD-252 i ♦ r f l ' H • _ •• - • • • --7' m; 77 SUBJECT SITE ' This site, while on the Agua Caliente Reservation, is a fee simple parcel. 02 City Council Staff Report December 16, 2015— Page 3 Case No. 5.0789 PCN —Ahmad Diab PROJECT DESCRIPTION: The applicant is requesting approval of a Resolution of Public Convenience or Necessity (PCN) to allow the sale of liquor in addition to the sale of beer and wine retail currently offered at the gas station. The convenience store within the building offers food, groceries and sundries. The alcohol sales will remain less than fifty percent of the retail sales as required by Section 93.23.08 of the Palm Springs Zoning Code. Hours of operation are twenty-four hours a day; however, the sale of alcohol will be restricted as required by State law. General Plan Land Use: Neighborhood/Community Commercial (0.35 Floor Area Ratio). Areas The proposed designated as Neighborhood/Community Commercial provide an request is to offer Yes opportunity for convenience commercial uses that serve adjacent additional residential neighborhoods. The commercial opportunities created under convenience this designation are intended to be an integrated element of the retail (alcohol) neighborhood, providing to nearby residents services such as dry cleaners, that serves grocery stores, bakeries, bank and post office branches, bookstores, residents and drugstores, and smaller-scale restaurants. Harmonious relationships tourists. between these commercial uses and adjacent residential uses shall be achieved through compatibility of site design, building scale, pathways and circulation design, and architectural treatment of structures. Zoning Permitted Uses: The subject property is zoned M-1 (Service/Manufacturing). Pursuant to Section 92.17.01(D)(5) of the Palm Springs Zoning Code (PSZC), automobile service stations are permitted with the approval of a Conditional Use Permit(CUP). The sale of beer, wine and liquor from the station's convenience store when such sales do not exceed fifty percent of the total retail sales (excluding gasoline), pursuant to Section 93.23.01(M) of the PSZC. ANALYSIS: The applicant has applied for a "Type 21" license through the State of California Department of Alcoholic Beverage Control (ABC) for the proposed alcohol sales. The ABC summarizes the "Type 21" 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. 03 City Council Staff Report December 16, 2015— Page 4 Case No. 5.0789 PCN—Ahmad Diab The proposed liquor license is located within a Census tract that exceeds the amount of on-sale licenses normally permitted; this is known as an "undue concentration" and is specifically defined by Section 23958.4 of the Business and Professions Code: 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 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: 0449.G4 \`... 1 0446.04 0449.2 9412.00 0449.2 0449.25 0447.01 nv,j-,�! A 0447.02 0449.26 ni 9407.00 0448.04 1 0449.07 0 9410.00 One license is authorized for this tract based on its population. It currently has six (6) off-sale liquor licenses: • Four are for businesses located along Vista Chino • One is at the current site • One is within the liquor store at the corner of El Cielo and Ramon Road. 04 City Council Staff Report December 16, 2015— Page 5 Case No. 5.0789 PCN—Ahmad Diab A map is attached to this report showing the licenses of other businesses authorized for off-sale liquor sales. The ABC can only issue the proposed liquor license if the Council determines that the public convenience or necessity would be served by the additional license within this census tract. The property is located within a PD and zone allowing various commercial and industrial uses. The existing gas station currently offers a variety of convenience items, including groceries, beer, wine and other sundries. The addition of liquor to these retail items is consistent with other businesses within this census tract; however as noted above, these licenses are spread out among a large area in the City. An address list of all liquor licenses within this tract is attached to this report. Since the property is located in the Commercial zone and along the Ramon Road commercial corridor, staff believes that the proposed liquor license will not be inconsistent with the desired mix of commercial uses in this Census tract and will serve the public convenience. FISCAL IMPACT: No fiscal impact. EC--.L. :t�. xl/� M Flinn 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. City Manager Attachments: 1 . Vicinity Map 2. Draft Resolution 3. Letter of Request from Applicant 4. List of Authorized License Types in the Subject Census Tract 5. Census Tract Map 05 of a�iM p+ N Department of Planning Services W Vicinity Map s A 1 I PD R2 M1 PD AIRPORT CENTRE DR Q C I1 1J W W U 9 W J Z RAMON RD Q P - --__ -___ EP P p I � o CALLE , DE RICARDO R2 R2 0 a _.. j ___- C �.._. J _.. L._R2 -. ___. ER2 r i R2 $ R2 i R2 a > CALLE DECARLOS W Legend W R2 zER1 c _ - 2 LI Q ValeruHORadius Ric Q Ste CAMINOPAROCELA ZDning - Farcesj FRC _- ERI `..R1C + _R1Ci CITY OF PALM SPRINGS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OF PUBLIC CONVENIENCE IN ORDER TO SELL BEER, WINE AND DISTILLED SPIRITS FOR OFF-SITE CONSUMPTION (TYPE 21 STATE ALCOHOLIC BEVERAGE CONTROL LICENSE) FOR THE PROPERTY LOCATED AT 3600 EAST RAMON ROAD, WITHIN CENSUS TRACT #9412.00. WHEREAS, Ahmad Diab ("Applicant') has requested the adoption of a Resolution of Public Convenience or Necessity (Planning Case No. 5.0789 PCN) for a Type 21 alcohol license to sell beer, wine and distilled spirits from an existing gas station located at 3600 East Ramon Road, Zone M-1 and PD-252, Section 18/T4/R5; and WHEREAS, on December 16, 1998, the City Council approved Planned Development 252, allowing the construction of a gas station with convenience store located at 3600 East Ramon Road; and WHEREAS, the applicant has applied with the State of California Alcoholic Beverage Control for a license to sell beer, wine and distilled spirits: license type 21 (Off-sale General — Package Store); and WHEREAS, pursuant to Section 23958.4(b)(2) of the California Business and Professions Code, the applicant has requested that the City Council determine the public convenience or necessity would be served if the requested license is issued; and WHEREAS, the City Council carefully reviewed and considered all of the evidence presented in connection with the request for a Resolution of Public Convenience or Necessity, including but not limited to the staff report and all written and oral testimony. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The location of the proposed business, within Census Tract #9412.00, is within a commercial and industrial zone and will provide a service to tourists and residents of the City. The proposed use will not be inconsistent with the desired mix of commercial uses in this Census tract SECTION 2. The City Council finds that an ABC Type 21 liquor license (Off-sale General — Package Store) at 3600 East Ramon Road, serves the Public Convenience. ADOPTED THIS 16th DAY OF SEPTEMBER, 2015. David H. Ready, City Manager 07 Resolution No. Page 2 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 00 AHMAD DAB 3600 East Ramon Road Palm Springs, CA 92262 (760)333-3816 November 5, 2015 (a -77- 53v- 6o3 Palm Springs City Council Dear Council Members d I am requesting a resolution ^�'Q convenience necessity to have a Type 21 License for alcohol sales at my location at 3600 E Ramon Road,for off-sale consumer. I am taking my existing license from Type 20 to Type 21. A Type 20 has been at this location for over fifteen years. Because we are in a tourist area with the airport and hotels nearby,our customers are requesting the ability to buy the items at our location. Sales from these products will assist us In staying profitable and continuing to provide good jobs to the local workforce. Thank you for your kind consideration in this matter. Sincerer Ahmad Diab 7,�(O 3'3 b" 12 09 California ABC-License Query System-Data Portal http://www.abc.ca.gov/datpoNAECountyRep.asp California Department of Alcoholic Beverage Control w. For the County of RIVERSIDE - (Off-Sale Licenses) and Census Tract=9412 Report as of 12/7/2015 License S License Orig. Ezpir Mailing Geo Status Primary Owner and Premises Addr. Business Name Number Type Date Date Address Code 1) 355503 CTNE 21 10114/1999 9l3012016 TATER BROS MARKETS STATER BROS MARKETS 126 PO BOX 150 3310 1717 E VISTA CHINO,STE A SAN BERNARDINO,CA 92402-0150 PALM SPRINGS,CA 92262 Census Tract:9412.00 )1473487 CTNE 20 (12J10/2008 S PETROLEUM INC ;ARCO AM PM 82961 PO BOX 2817 3310 PALM E VISTA CHINO,STE C INDIO,CA 92 20 2-3 51 7 PALM SPRINGS,CA 92262-3596 11130/2016 Census Tract:9412.00 3) 479278 ACTIVE 20 17/10/2012 9:15:45 AM /3D/2016 DOLLAR TREE STORES INC (DOLLAR TREE STORE 3598 500 VOLVO PKWY 3310 1717 E VISTA CHINO,STE J CHESAPEAKE,VA 23320-1604 PALM SPRINGS,CA 92262-3595 I Census Tract:9412.00 } 03197 CTNE 21 10/2712010 12:44:02 PM 9/30/2016 DULNOUR,RAKAN GEORGES PALM LIQUOR&DELI 3310 440 S EL CIELO RD,#61 &B2 PALM SPRINGS,CA 92262-7929 Census Tract:9412.00 5) 550985 CTNE 20 12/8/20144:29:40 PM 1/31/2016 DIA.B,AHMAD HUSSEIN RAMON GAS PO BOX 1031 3310 3600 E RAMON RD PALM SPRINGS,CA 92263-1031 PALM SPRINGS,CA 92264-1151 Census Tract:9412.00 ).99974 UREND 21 I11/1981 7 SOSSA ENTERPRISES INC OSSAS 'F3310 3700 E VISTA CHINO,STE G PALM SPRINGS,CA 92262-4021 Census Tract:9412.00 - - -End of Report - - - I0 I of 2 8/12/2015 Census Tracts Solana Td E Finley Rd < 6 c WO Oso Rd 6 E Francis Dr Rr U' o` 0444.04 oVula C0449.04 Rla Largo Rd 944.00 8 E Rac Verona Club Rd y E Ver Rd - Verona Rd - 5 ¢ m Off"Rd z _ G Si DUgo Rd Medano Rd 24 E Via I scuela z E rj - Madnd Rd E °: Ovante Rd Overlie Rd E El Cid = Descxt Pack Ave z > z Fancier Rd Pasada Rd w _ - . JA Tcnec CSG �Ry E anda^.voodur o EChaR ,-hirnd,a Dr r. fsti 0449.23 5 f'hid e 6 _fin T °R•. 9 � rat.044602 K F 94�.00Teel mil MT— O m & f oel Y . -- EEl Alamea E Tamaisk Rd 6 � 0449.24 z 6 s E GrarrJia L'almorte Vertu Ct Vm4ageln _ �,yoRd C� 0 a g u N E Casa Verde wa} 15 _z °i Pentta Rd E z V Ovq, E ado Rd z z ^b < Vega Rd 0449.25 J L E Andrea tl Etnmor Ave Palm Springs y r E9444,fw en Vvar• 0447.01 Regional Airport n` 0447.02 m c ,,nas Rd ECalle Fe/ioa - q 0, o 2 L'rA5519n Df E E nsto Rd ,a,043426,�,m;cta R Kuk Douglas'Nay - ¢ m a Airyan Certa D & Sarah St Alr a n o o Ale De Carlos Ruun Rd IP 0448.06 ^na�,�,.' E Scary Duna Rd W7.00 0448.04 3 94 AO to 049.07 0 � 3 is Subject Site: 3600 E Ramon Road * = Existing Businesses that are Issued Liquor Licenses within Census Tract it