The URL can be used to link to this page

Home My WebLink About1/16/2013 - STAFF REPORTS - 2C O�QALM s.0 .y c u w C O'NORAiEO i,'e^ 4`'f°""�♦ CITY COUNCIL STAFF REPORT DATE: January 16, 2013 CONSENT CALENDAR SUBJECT: REQUEST BY TWO BLACK FLATCOATS, INC. FOR A RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY (PCN) TO SELL BEER AND WINE (TYPE 42 ALCOHOLIC BEVERAGE CONTROL LICENSE) AT THE EXISTING HOTEL LOCATED AT 1330 EAST PALM CANYON DRIVE. CASE: 5.1288 — PCN FROM: David H. Ready, City Manager BY: Craig Ewing, AICP, Director of Planning Services SUMMARY The applicant, Two Black Flatcoats, Inc., is requesting the City Council adopt a Resolution of Public Convenience or Necessity (PCN) for the sale of beer and wine (Alcoholic Beverage Control Type 42 license) at the existing hotel to be known as Sparrows Hotel located 1330 East Palm Canyon Drive. 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 AND WINE FOR CONSUMPTION ON- OR OFF-SITE (TYPE 42 STATE ALCOHOLIC BEVERAGE CONTROL LICENSE) FOR THE PROPERTY LOCATED AT 1330 EAST PALM CANYON DRIVE." PRIOR ACTIONS: On January 9, 2013, the Planning Commission approved a Conditional Use Permit (CUP) to allow the sale of beer and wine at the pool bar of the existing hotel located at 1330 East Palm Canyon Drive. ITEM NO. L City Council Staff Report January 16, 2013—Page 2 Case No. 5.1288 PCN—Sparrows Hotel BACKGROUND: The subject site is approximately 0.9 acres in size and located on the north side of East Palm Canyon Drive, west of Sagebrush Road. The rear of the site has controlled vehicular access from Palm Tree Drive. A total of eight buildings exist on site. Originally constructed in the early 1950's and previously known as El Rancho Lodge, the existing hotel is currently being renovated. Building renovations include new paint and stone wainscoting, new standing metal seam roof, replacement of windows and doors and new individual condensing units. Landscape improvements include a new Mesquite tree in the pool area and two new palm trees and five new citrus trees along East Palm Canyon Drive. Various walls are being constructed on the property. The applicant is proposing the sale of beer and wine in the pool "barn" located north of the pool area. ANALYSIS: The applicant has applied for a "Type 42" license through the State of California Department of Alcoholic Beverage Control (ABC) for the proposed alcohol sales. The ABC summarizes the "Type 42" license as follows: (Bar, Tavern) Authorizes the sale of beer and wine for consumption on or off the premises where sold. No distilled spirits may be on the premises. Minors are not allowed to enter and remain (see Section 25663.5 for exception, musicians). Food service is not required. 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 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 #0448.05, which is bounded by Mesquite Avenue to the north, Sunrise Way to the east, South Palm Canyon Drive to the west and East Palm Canyon Drive to the south (see attached census map). This tract currently has seven active on sale liquor licenses. One license is authorized for the tract based on its population. The ABC will only issue the proposed liquor license if the Council determines that the public convenience or necessity would be served. The subject property is designated Tourist Resort Commercial (TRC) by the General Plan Land Use Element. This designation allows for "large-scale resort hotels and timeshares including a broad range of convenience, fitness, spa, retail, and entertainment uses principally serving resort clientele." The subject property is an 92 City Council Staff Report January 16, 2013— Page 3 Case No. 5.1288 PCN—Sparrows Hotel existing hotel and the incidental sale of alcohol would assist in providing a service to resort clientele. The site is located along a major thoroughfare, East Palm Canyon Drive, which has a number of hotel properties and commercial businesses that serve resort clientele. According to the CA Department of ABC, the following properties in this census tract offer alcohol sales: 1. Pizza Hut at 1180 S. Palm Canyon Drive 2. El Mirasol Restaurant at 140 E. Palm Canyon Drive 3. Davey's Hideaway at 292 E. Palm Canyon Drive 4. Lyons English Grille at 233 E. Palm Canyon Drive 5. Cipolline Osteria at 1260 S. Palm Canyon Drive 6. Elmer's Palm Springs at 1030 E. Palm Canyon Drive 7. Villa Royale Inn & Europa Restaurant at 1620 S. Indian Trail A list of the liquor licenses within this tract is attached to this report with the respective license types and current status. Since the property is a commercial property in the Census tract and located along a major thoroughfare, staff believes that the additional liquor license will not be inconsistent with the desired mix of commercial uses in the tract and will serve the public convenience. Furthermore, the Planning Commission approved a CUP to sell beer and wine at the pool bar on January 9, 2013. FISCAL IMPACT: No Fiscal Impact. ai A. ing, AIW Thomas Wilson/ Dir or of Planni q9ervices Assistant City Manager David H. Ready, City ( gets r Attachments: 1. 400' 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 03 a° vur s+ N Department of Planning Services W E Vicinity Map S •��4FOPN\ PRIMfi T. ...F ' ...._f I _...... -_-_ U` --.. SONORA RD I L ILU — , a DEEP WELL dD 0 J f I y SUNTAN LN w m m � I E PALM CANYON DR 1 I i � A� i wry_ TWIN PALMS D tv - - Legend Site `.,,..*L� � < �400ft Buffer Parcels — '—, > 4,p"� '- - - t CITY OF PALM SPRINGS CASE NO: 5.1288 PCN DESCRIPTION: Request for a Resolution of Public Convenience or Necessity to allow an additional liquor license within the census APPLICANT: Sparrows Hotel tract of the property located at 1330 East Palm Canyon Drive, Zone R-2 / R-3, Section 23. 04 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA OF PUBLIC CONVENIENCE IN ORDER TO SEE BEER AND WINE FOR CONSUMPTION ON- OR OFF-SITE (TYPE 42 STATE ALCOHOLIC BEVERAGE CONTROL LICENSE) FOR THE PROPERTY LOCATED AT 1330 EAST PALM CANYON DRIVE. WHEREAS, Two Black Flatcoats, Inc. ("Applicant') has requested the adoption of a Resolution of Public Convenience or Necessity (Planning Case No. 5.1288 PCN) for a Type 42 alcohol license to sell beer and wine for consumption on or off site at an existing hotel located at 1330 East Palm Canyon Drive, APN 508-451-007, Zone R-3 & R-2, Census Tract 0448.05; and WHEREAS, the applicant has applied with the State of California Alcoholic Beverage Control for a license to sell beer and wine license type 42 (On-sale Beer & Wine— Public Premises); 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 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 City Council finds that an AB� Type 42 liquor license (On-sale Beer and Wine) at 1330 East Palm Canyon Drive, serves the Public Convenience. ADOPTED THIS 16th DAY OF January, 2013. David H. ReaJiy, City Manager ATTEST: James Thompson, City Clerk 05 Resolution No. Page 2 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 06 Two Black Flatcoats, Inc 1330 E Palm Canyon Drive Palm Springs, CA 92264 josie@sparrowshotel.com 760.774.1641 S_� I )-Yi Pc,.,J 111tutIVED City of Palm Springs OCT 1. 12012 3200 E Tahquitz Canyon Way PLANNING SERVICES Palm Springs, CA 92262 Two Black Flatcoats, Inc., DBA Sparrows Hotel, has a pending application with the California Department of Alcohol Beverage Control (ABC)for an original type 42, on- sale beer and wine license, to be located at 1330 E Palm Canyon Drive, Palm Springs. As part of the application process, and before granting the license, the ABC requires the governing council to determine and issue a Public Convenience or Necessity letter that supports Two Black Flatcoats, Inc.'s application. Sparrows Hotel is a, soon to be reopened, small boutique hotel. The proposed on-sale of beer and wine is a natural component to this type of facility. Tourist demand has demonstrated patrons of boutique hotels, such as Sparrows Hotel, expect the additional choice of on-sale beer and wine purchasing. The on-sale of beer and wine at Sparrows Hotel will meet that need. The operations of such should have no impact on the rest of the community, especially in regard to any over concentration issue. Two Black Flatcoats, Inc. asserts the on-sale of beer and wine at Sparrows Hotel will not contribute to or aggravate a police problem. The owners and officers of Two Black Flatcoats, Inc. are long time residents of Palm Springs. Two Black Flatcoats, Inc. will abide by all laws, not sell to minors or intoxicated persons, and will operate an efficient and quiet facility. Alcoholic beverages are incidental to the operation and a necessary part of a boutique hotel such as Sparrows Hotel. Should you have any questions or comments or need further information with regard to this request, please contact me. Very truly yours, ^ Josie Smith Two Black Flatcoats, Inc. CFO/Secretary 07 California ABC-License Query System-Data Portal http://www.abe.ca.gov/datpoNAHCotmtyRep.asp a., California Department of Alcoholic Beverage Control For the County of RIVERSIDE - (Retail Licenses) and Census Tract=448.05 Report as of 177/2013 cease License Orig.Iss. �- Eapir Primary Owner and Premises Business Name l Mailin Geo Number Status Type Date j Date Adds Address F g (Code 1} 69226 TNE ' 41 K115/1992 12/31/2012 PIZZA HUT OF SOUTHEAST 208S MAIZE RD 3310 KANSAS INC ICHfiA,KS 67209 1180 S PALM CANYON DR �— PALM SPRINGS,CA 92264 Census Tract 0448 05 87577 CTNE 47 10/26/1993 /30/2013 LIP 130-140 E PALM CANNON DR OF MEXICOL REGIONAL CUISINES 3310 PALM SPRINGS,CA 92264 �7 ens us Tract:0448.05 3)336037 THEE 21 �10/14/1997 10/312013 KOUR,GEORGE PALM CANYON LIQUOR r510 1400 S PALM CANYON DR rPALM SPRINGS,CA92264 �l en sus Tract:0448,05 37t406 THE 4712/15/2000 11/30/2012 BJ&BL INC DAUEYS HIDEAWAY j3310 92 E PALM CANYON DR E 'PALM SPRINGS,CA 92264-8824 Census Tract 0448.05 0582 CTNE r 47 i/1994 2/28/2013 PALM SPRINGS S&S INC LYONS ENGLISH GRILLE F-7 ['77 �Pensus 33E PALM CANYON DR ALM SPRINGS,CA 92264 tract:0448.05 26100 CTNE 47 7r0 5 /31/2013 PASDR �TSNAD GllES IPOLLINE OSTERIA 3310 S,CA 92264 ensus Tract CANYON J 77F7-7Census &F DONNELL INC ELMERS PALM SPRINGS3310 1030 E PALM CANYON OR PALM SPRINGS,CA 2264-9169 Tract 0448.05 i 771 Y1 /20/20� /30/2013 LAB,AHMAD HUSSEIN LOCOMOTIVE LIQUOR POBOX1031PM 162 E PALM CANYON DR PALM SPRINGS CA PALM SPRINGS,CA 922632264-8822 ensus Tmct:0448.05 }77i �47 11/5/201 44:25:34 7Census PEAK HOSPITALITY INC VILLA ROYALE INN&EUROPA .33 PM 1620 S INDIAN TRL RESTAURANT PALM SPRINGS,CA 92264-8842 I Tract.0448.05 i ---End of Report- - - For a definition of codes, view our glossaa. 08 1 of 1 1/8/2013 11:20 AM Map of Census Tracts Panga Way '' E Satumino Rd p;ive a Y I Via Vaquero.Rd Sage y m = Big Chiot St 0 y mon a to-Pardcola p 5 a' u E Calle Roca 'n N -..¢ c 0445-05m Yer . c n firrlo Or N w L Ca.Sitas n E ec 4 ui a vc s m LYa4p w T Oakcre9sT >U0 Primavera Or = mMontego Dr E. Alta Lomn Dr E Biltmore PI a m o o m C Lo4 Poaas C O Parking- of N 044805, O . E Loma Oriveway F Avery Or m i X Sandcli%Rd m N a c dye; Overlook Gin E Morongo TO s Aloha Or o �.4eipo r7�°o Anza Tcr Araby Cu F E La Varr 9�ti y Neothonias Ter u, ?a 44V@" 0 - - Cocopah Trl 0 F L � `? 0WCamrno 3 pV N m n Unnamed Street E Perlita rn. 0 J �