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Home My WebLink About2006-07-26 STAFF REPORTS 2I ?ALMS, ti 0 V N k R �peM.mLp LR'V c'9L/FOR��• CITY COUNCIL STAFF REPORT DATE: July 26, 2006 CONSENT ITEM SUBJECT: REQUEST BY PALI-PALM SPRINGS LLC. FOR THE ADOPTION OF A RESOLUTION OF PUBLIC CONVENIENCE IN ORDER TO SELL ALCOHOL AT THE PALI-HOUSE HOTEL AND RESIDENTIAL COMPLEX LOCATED AT 261 SOUTH BELARDO ROAD, ZONE R-3, SECTION 15. FROM: David H. Ready, City Manager BY: Director of Planning Services SUMMARY Staff is requesting that the Council adopt a Resolution of Public Convenience to allow the sale of alcohol at the Pali-House Hotel located at 261 South .Belardo Road, Zone R- 3, Section 15. RECOMMENDATION: 1. Adoption Resolution No. "A RESOLUTION OF PUBLIC CONVENIENCE IN ORDER TO SELL ALCOHOL AT THE PALI-HOUSE HOTEL AND RESIDENTIAL COMPLEX LOCATED AT 261 SOUTH BELARDO ROAD, ZONE R-3, SECTION 15." STAFF ANALYSIS: The subject property is a complex consisting of hotel with bar and hospitality kitchen and thirty-four resort residential condominiums. This request is in association with Tentative Tract Map TTM34019 and the adoption of the Resolution of Public Convenience for Case 5.1085 CUP, approved by Planning Commission July 12, 2006, and Tentative Tract Map, TTM34019 approved by City Council on July 19, 2006. As per the Zoning Ordinance, Section 92.04.01 allows incidental or accessory commercial uses located within hotels containing less than one hundred guest rooms and operated primarily for the convenience of hotel guests providing such total commercial uses shall occupy not more than twenty percent of the gross floor of the ITEM NO. 2. City Council Staff Report Pali-House Associated w/TTM34019 July 26, 2006 -- Page 2 Resolution of Public Convenience hotel buildings permitted with a Conditional Use Permit. On July 12, 2006, the Planning Commission voted 4-0 to approve the CUP for the bar and hospitality kitchen. On July 19, 2006 the City Council voted (4-1 Foat) to approve the Tentative Tract Map for the construction and renovation of the old Orchid Tree Inn now called Pali-House- The applicant has applied for a liquor license through the Department of Alcoholic Beverage Control. The license is as follows: License Number Type of License 21 Off- Sale General 47 On-Sale General for Bonafide Eating Place 66 Controlled Access Cabinet Permit *Source: Department of Alcoholic Beverage Control website The State Department of Alcoholic Beverage Control will not issue a license for such a sale unless the City Council adopts a resolution pursuant to state law, indicating that the premises will provide for the public convenience or necessity. The subject property is in a commercial area. Abutting uses are as follows: Table 1: Surrounding land uses, General Plan, Zoning Land Use Streets General Plan Zoning North Hotel / Multi-Family Arenas Road H43/30 R-3 South Vacant Church Baristo H43/21 R-3 East Commercial Parking / Belardo CBD CBD Shoppin Center West Single and Multi-family__ Cahuilla H43/30 R3 In accordance with Section 23958.4 of the Business and Professions Code which took effect on January 1, 1995, "undue concentration"means the case in which the applicant premises for an original or premise-to-premise transfer of any retail license are located in an area where 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 State Department of Alcoholic Beverage Control will not issue a license for the sale of alcohol at this location without a letter or resolution from the City Council or its designated subordinate officer or body, indicating the premises will provide for the public convenience and necessity. The subject property is within Census Tract 0446.01. That tract would be allotted 4 liquor licenses for the Type 47 license. There are currently 8 alcohol licenses issued for the tract. For the Type 21 License, 3 liquor City Council Staff Report Pali-House Associated w TTM34019 July 26, 2006 -- Page 3 Resolution of Public Convenience licenses are allowed and 14 exist. This over-concentration has led the ABC to conclude that a Resolution of Public Convenience is needed from the City Council to grant another liquor license within the tract. The land use has been defined as a hotel which allows bar and commercial uses for the convenience of the patrons. A finding of "Public Convenience" means that the applicant premises will provide for the convenient patronage of the public whereby the convenience does not already exist in the immediate area. Currently the State Department of Alcoholic Beverage Control (ABC), pursuant to Section 23958.4 of the 1995 state law, considers the City of Palm Springs as over- concentrated relative to establishments that provide alcoholic beverages. State law was enacted to allow local government the opportunity to regulate the number and location of such uses. A meeting was held between the applicant and Dana Saladen, the District Administrator at the Rancho Mirage ABC office. Ms. Saladen determined that the hotel is open to the public and that the hospitality kitchen and bar are servicing the hotel guests, their guests, and the resort residential units that are within the complex. Therefore, a Type 47 license is appropriate for this location. The Type 21 license to sell to the condominiums requires a small retail area. Ms. Saladen also determined that because the hotel is open to the public and the hospitality kitchen is not considered an "outside of hotel" destination restaurant, this licensing is appropriate for this location. The Type 66 license for a controlled access cabinet license in conjunction with the hotel rooms will allow hotel guests to enjoy an assortment of meals, snacks, cheeses, and alcoholic beverages as a convenient amenity in their rooms. Pursuant to Section 23598.4, the local governing body of the area in which the applicant premises are located, determines within 90 days of notification of a completed application that public convenience would be served. The 90-day period shall commence upon receipt by the local governing body of (A) notification by the department of an application for licensure, or (B) a completed application according to local requirements, if any, whichever is later. The applicant's application was deemed complete in May, 2006. The hotel is open to the public and the hospitality kitchen is not considered an "outside of hotel" destination restaurant, therefore, the requested licensing is appropriate for this location. The public convenience would then be served by allowing patrons of the hotel and resort residential units in the complex to make simple alcohol purchases at the small retail space within the hotel. The public convenience would also be served by the controlled access cabinet where the guests could have the in-roam amenity. Based on the aforementioned analysis, staff is recommending approval of the Resolution of Public Convenience. To ensure that there will be no issues, Conditions of Approval are written for this Resolution. City Council Staff Report Pali-House Associated w/TTM34019 July 26, 2006 -- Page 4 Resolution of Public Convenience FISCAL IMPACT: Finance Director Review: No fiscal impact. %3-zn- on -�Y rig E. E, ' , AICP Thomas Wilso- Assistant City Manager Director of Planning Services of Development Services David H. Ready, City Mkt Attachments: 1. Vicinity Map 2. Resolution of Convenience 3. Conditions of Approval 4. Letter of request City Council Staff Report Pali-House Associated w/TTM34019 July 26, 2006 -- Page 5 Resolution of Public Convenience N "'°• Department of Planning Services W+E 0 . Vicinity Map S ARENAS RO o � a z o o } U w [O J BARISTO RD d rFF 0 Legend 'FBI Project Area UJ ti C]400'Buffer O SANTA ROSA OR City Council Staff Report Pali-House Associated w/TTM34019 July 26, 2006 -- Page 6 Resolution of Public Convenience RESOLUTION NO. A RESOLUTION OF PUBLIC CONVENIENCE IN ORDER TO SELL ALCOHOL AT THE PALI-HOUSE HOTEL AND RESIDENTIAL COMPLEX LOCATED AT 261 SOUTH BELARDO ROAD, ZONE R-3, SECTION 15. WHEREAS, Pali-Palm Springs, LLC., ("the applicant') has requested the adoption of a Resolution of Public Convenience in order to sell alcohol at the Pali-House Hotel located at 261 South Belardo Road, Zone R-3 Section 15; and WHEREAS, Pali-Palm Springs, LLC agrees to sell alcohol as an accessory use to the hotel; and WHEREAS, the City Council is being asked to adopt a Resolution of Public Convenience pursuant to the requirements of the Alcoholic Beverage Control Board and applicant; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the Resolution of Public Convenience, including but not limited to the staff report; and WHEREAS, the applicant has applied with the State of California Alcoholic Beverage Control for a license to sell alcohol: License Number 21 (On-sale General). THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council finds that a Type 21 liquor license (On-Sale General) at the Pali-House Hotel, located at 261 South Belardo Road serves the Public Convenience. ADOPTED THIS day of 02006. David H. Ready, City Manager City Council Staff Report Pali-House Associated w/TTM34019 July 26, 2006 -- Page 7 Resolution of Public Convenience 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 City Council Staff Report Pali-House Associated w/TTM34019 July 26, 2006 -- Page 8 Resolution of Public Convenience Conditions of Approval For Resolution of Public Convenience "Pali Palm Springs" 261 S. Belardo Road, Palm Springs, CA July 26, 2006 1. Kitchen and bar service will be primarily for hotel guests and condominium residents. 2. The quarterly gross sale of alcoholic beverages shall not exceed the gross sales of food during the same period. The Petitioner(s) shall at all times maintain records which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the police department upon demand. 3. No portable bar(s) shall be permitted at the location. 4. The premises shall be maintained as a bona fide eating place with an operational kitchen and shall provide a menu containing an assortment of foods normally offered in such restaurants. Food service shall be available at all times to hotel guests, their guests, and condominium residents at the subject property. 5. There shall be no live entertainment of any type, including but not limited to; live music, Disc jockey or Karaoke nights. 6. No dancing shall be allowed at the location. 7. There shall be no coin-operated games or video machines maintained upon the premises at any time. 8. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the Petitioner(s) shall be removed or painted over within 24 hours of being applied. 9. The Petitioner(s) shall be responsible for maintaining free of litter, the area and adjacent to the premises over which they have control. 10. Any music, sound or noise emitted that is under the control of the petitioner(s) shall not exceed decibel levels that are stated in Noise Abatement laws and Zoning Administrative Authority Section, 12.24 x 2 (b) L.A.M.C. City Council Staff Report Pali-House Associated w/TTM34019 July 26, 2006 -- Page 9 Resolution of Public Convenience 11. Petitioner(s) shall install and maintain security cameras and a one-month video library that covers all common areas of the business, high-risk areas and entrances or exits. The videotapes shall be made available to police upon request. 12. Within six months of the effective date of this determination, all personnel acting in the capacity of a manager of the premise and all personnel who serve alcoholic beverages shall attend a LEAD Training session sponsored by the Department of Alcoholic Beverage Control. 13. If at any time during the period of the grant, should documented evidence be submitted showing continued violation(s) of any condition(s) of the grant, resulting in a disruption or interference with the peaceful enjoyment of the adjoining and neighboring properties, the Department of Planning Services will have the right to require The Petitioner(s) to file for a plan approval application together with the associated fees, to hold a public hearing to review The Petitioner(s) compliance with and the effectiveness of the conditions of the grant. The Petitioner(s) shall submit a summary and supporting documentation of how compliance with each condition of the grant has been attained. 07/13/2006 13.29 FAX 310 385 5603 PALISADES DEVELOPMENT QJ001/001 i a 4 July 13, 2006 City Council City of Palm Springs 3200 E.Tahquitz Canyon Way Palm Springs,CA, 92263 Re: PALIHOKSE(261 S.BELARDO ROAD Dear Honorable City Council Members: We are pleased to present to you PALR30USE—PALM SPRINGS,a unique mixed-Ilse project proposal consisting of a 9 roam hotel with an accessory bar and hospitality kitchen and 34 privately owned residential condominium units, The project is comprised of a combination of renovation,rehabilitation,and new construction. The vision behind the project is to create a synergistic hotel and residential living environment whereby the residential condomimum units will be able to enjoy some of the hospitality services that are provided to the hotel, Service,style, convenience,high design,and luxury will define the project. On behalf of Pali-Palm Springs,LLC,I would respectfully like to request a Resolution to allow the sales and dispensing of a Type 47 Department of Alcoholic Beverage Control License in conjunction with a hospitality kitchen serving the hotel bar,hotel rooms,common areas,pool areas,and bungalows/condominiums with a full line Type 21 off sale privilege for service to the I bungalows/condominii4ns, Please note that we will maintain a small retail area within the bar for the Type 21 license, We are also requesting a Type 66 controlled access cabinet license in conjunction with the hotel rooms that will allow guests to enjoy an assortment of meals, snacks, cheeses and alcoholic beverages as a cozivenient amenity in their rooms. Thank you for your consideration of this request. Sincerely, Pallsades Development Grump Matt Fisher Executive Vice President PALISADES MUP 212 Marine Slreot Suiia No,100 Santa Monica California 90405 r sID 450 2200 r 310 450 2244 w psllsadudevgroup.earn .._.E l_ I Z _q._.g...�E T H - P E". -- T; 'E R'„ S O N„ G R O U P I N C July 10,2006 Diane Bullock .Palm Springs Area Planning Commission Palm Springs, CA 92262 Re: Pali Palm Springs, located at 261 S. Belardo Road, Pahn Springs, CA 92262 Dear Diane, I am writing to you in regards to the above referenced project. I have spoken to Dana Saladen, the District Administrator at the Rancho Mirage ABC office. We discussed the issues raised with this project and have come to the same conclusion. The hotel is open to the public. The hospitality kitchen and bar are servicing the hotcl guests and their guests. Therefore, a Type 47 license is appropriate for this location. The Type 21 license to sell to the condominiums requires a small retail area. Because the hotel is open to the public and the hospitality kitchen is not an outside of hotel destination restaurant,this licensing is appropriate for this location. This is a hybrid usage. We have had like approvals in Hollywood and West Hollywood. At our meeting a few weeks ago, I provided you with the decision for the West Hollywood project. You may find it useful to use it as reference for this project. In addition,I have included applicant volunteered conditions for your review. If you have any questions or require any additional documentation,please feel free to contact me at my office at (323) 464-6575. Thank you for your time and consideration in this matter. Respectfully Submitted, �� Elizabeth Peterson Applicant's Representative Elizabeth Peterson Group,Inc. 6381 HpLLA Y"W O'O'D��'g'L V"� . ..• •5- 17'C—57`7 p ..... hf' o- L L 'Y N' •OOD CA , 9'0D2,6 �fr 3 2_3_-,-_4 6 4.. 6 � ,7.,5,,.,.t.�...F..' . 3,.? 3 4.6 4I, .,.6, 2 7 2 4 q.-°._... .�— �..�LI.. n e [