HomeMy WebLinkAbout2006-04-19 STAFF REPORTS 2F A. YppLM SAP
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DATE: April 19, 2006 Consent Calendar
SUBJECT: REQUEST BY SCOTT MORGAN FOR THE ADOPTION OF A
RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY IN ORDER
TO HOLD WINE TASTINGS AT WILD FOR THE VINE LOCATED AT 390
NORTH PALM CANYON DRIVE, ZONE CBD, SECTION 15.
CASE: 5.1095 - PCN
FROM: David H. Ready, City Manager
BY: Director of Planning Services
SUMMARY
Staff is requesting that the Council adopt a Resolution of Public Convenience or
Necessity to allow wine tasting at Wild for the Vine at 390 North Palm Canyon Drive.
RECOMMENDATION:
Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, ADOPTING A RESOLUTION OF PUBLIC
CONVENIENCE IN ORDER TO SELL ALCOHOL AT WILD FOR THE VINE LOCATED
AT 390 NORTH PALM CANYON DRIVE, ZONE CBD, SECTION 15."
BACKGROUND:
The applicant has applied for a liquor license through the Department of Alcoholic
Beverage Control for an existing building at 390 North Palm Canyon Drive. The license
is a "Type 42" license authorizing the sale of beer and wine for on-site consumption.
The State Department of Alcoholic Beverage Control will not issue the license unless
the City Council adopts a resolution pursuant to state law, indicating that the premises
will provide for the public convenience or necessity.
Item No. n . r .
City Council Staff Report April 19, 2006
5.1095-PCN Page 2 of 3
DISCUSSION:
The applicant is applying for a new liquor license at the location (for beer and wine
only). The Department of Alcoholic Beverage Control is requiring a resolution from the
City Council to approve an "undue concentration" of such licenses. (A previous
Resolution of Public Convenience is in effect to allow the retail off-site sale of wine at
the site and the business is currently operating in the retail capacity only.)
In accordance with Section 23958.4 of the Business and Professions Code which took
effect on January 1, 1995, "undue concentration" means a property that is located in a
census tract (or division) where the ratio of on-sale retail licenses to the population in
that tract (or division) exceeds the ratio of licenses to the population in the subject
county. When an undue concentration is determined to exist, the State Department of
Alcoholic Beverage Control will not issue a license for the sale of alcohol without a letter
or resolution from the City Council which indicates the premises will provide for the
public convenience or necessity.
Currently the State Department of Alcoholic Beverage Control considers the City of
Palm Springs as having an "undue concentration" of liquor licenses —that is, more liquor
licenses per capita in Palm Springs than throughout Riverside County. For the subject
property, Census Tract #0446.01 has eight-five on-sale licenses with eight more
pending and twelve off-sale with four more pending. The tract has the population to
allow six on-sale and four off-sale licenses. State law was enacted to allow local
government the opportunity to regulate the number and location of such uses. By
making a finding of "Public Convenience or Necessity", the City Council may determine
that the subject premises will provide for the convenient patronage of the public
whereby the convenience does not already exist in the immediate area.
The subject property is in a commercial area. Abutting uses are as follows:
GP I Zone Description
North CBD CBD Monte Vista Hotel
South CBD CBD Downtown Commercial
East CBD CBD Downtown Commercial
West CBD CBD Terrace Eateries
The floor area of the proposed business is approximately 870 square feet. The area
designated as the tasting area would be approximately 260 square feet and will include
approximately eight chairs around two tables and two small bar stool areas.
A Conditional Use Permit has been applied for to allow on-site consumption and was
approved by the Planning Commission at its April 12, 2006 hearing. A copy of the
Planning Commission's Resolution is attached. A Resolution of Public Convenience
City Council Staff Report April 19, 2006
5.1095-PCN Page 3 of 3
from the City Council is still necessary for the ABC to issue a license to address the
area's undue concentration.
CONCLUSION:
Staff is recommending approval of Case 5.1095-PCN and adoption of a Resolution of
Public Convenience for the Wild for the Vine store to allow issuance of a Type 42 Liquor
License and the on-site sale of wine located at 390 North Palm Canyon Drive.
FISCAL IMPACT: Finance Director Review:
No fiscal impact.
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Craig=A-Ewing, Al Thomas W. son,
� c�o er-d Pla ing Services Assistant Cit Manager
David H. Ready, Cit :,Matiager
Attachments:
1. Vicinity Map
2. Letter of Request
3. Draft Resolution
4. Planning Commission Resolution
5. Floor Plan
Department of Planning Services w N E
Vicinity Map +
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CITY OF PALM SPRINGS
CASE NO: 5.1095- PCN DESCRIPTION: Application to allow wine tasting at 390 N.
Palm Canyon Drive, Zone C-1, Section 15, APN 513-081-022.
APPLICANT: Wild for the Vine
Scott& Debby Morgan 0
29044 Campbell Ave
Moreno Valley CA 92555
951-242-8875 951-486-0875 fax 7
January 4, 2006
Michael Blumson
City of Palm Springs
3200 E Tahquitz Canyon Way
Palm Springs, CA 92262
Re: 390 N Palm Canyon, Palm Springs, CA
Dear Michael,
Our company, Wild for the Vine is opening a store at 390 N. Palm Canyon Dr. The store will be located in
census tract 0446.01, with a population of 6198 people. The ABC has identified as over-concentrated. We
are applying for a type 20 off-sale and a type 42 on=sale liquor license. We are asking the City to issue a
finding of public convenience and necessity for our store. The following information supports this request.
Our company Wild for the Vine has been in business for a year selling wine accessories and wine decor.
With our new location, we would like to add bottled wines from around the world. We hope to create a
"boutique"approach to our wines, focusing on smaller wineries that aren't carried by the larger chain stores.
As these wines are not as common to come by, we would like to offer wine tasting for our customers to
sample the new wines. We are sectioning off a portion of our store for the wine tasting. Our tasting area will
only be about 150 sq. ft. Enclosed is a site plan of our store. You will notice that the tasting area is at the
back of the store with the retail in the front, which is the main focus of our store.
The store is located on Hwy 111 with only street parking. There are no parking lots, alleys, or back doors
for people to loiter around. Our store will be outfitted with security cameras positioned at strategic locations.
We will preserve security tapes for a reasonable period of time and will make them available to law
enforcement officers, upon request.
Upon receiving our license, every person working for Wild for the Vine, including myself will be required
to attend a training program sponsored by the ABC. As recommended,we will continue our training at
regular natervals thereafter. These training programs will focus on selling and serving wine respoMibjy,and
in compliance with California law.
S IUg5 P(A)
JAN s 2006
U'e;+o4IU
We have been working with Jerry Newbin of the Department of Environmental Health to ensure that our
wine tasting area is up to code. Our entire store is handicap accessible, and well lit.
David Newell,with the Planning department has accepted our Conditional Use Permit, (for the type 42) and
on Jan. 5a we are scheduled to hand in our applications with the ABC.
This has been a dream of ours for quite some time now, and we're very excited to be bringing our store to
the Pahn Springs area. All of our neighboring tenants have expressed that they are looking forward to
having an upper scale wine boutique in their area.
Please notify me if any public hearings are required in connection with this request. I am enclosing a check
for$791.00 to cover the processing fee. If there are any questions,please feel free to call me at(909) 856-
2625
Thank YQu Very Much O/J
Xe'
Scott Allan Morgan
Owner of "Wild for the Vine"
sm
RESOLUTION NO.
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, ADOPTING A
RESOLUTION OF PUBLIC CONVENIENCE IN
ORDER TO SELL ALCOHOL AT WILD FOR THE
VINE LOCATED AT 390 NORTH PALM CANYON
DRIVE, ZONE CBD, SECTION 15.
WHEREAS, Scott Morgan ("applicant") has requested the adoption of a
Resolution of Public Convenience or Necessity in order to sell alcohol at Wild for
the Vine located at 390 North Palm Canyon Drive, Zone CBD, Section 15; and
WHEREAS, Scott Morgan ("applicant") agrees to sell alcohol for wine-tasting as
part of a wine store use and that for on-site alcohol sales, there will be
approximately 260 square feet of floor area designated; 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 42 (On-site Beer
and Wine).
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. The City Council finds that a Type 42 liquor license (Sale On-Site —
Beer and Wine) at 390 North Palm Canyon Drive serves the Public Convenience,
because the site located within the City's Downtown / Central Business District,
which is identified in the General Plan as a "...multi-purpose destination" to serve
local residents, regional shoppers and an international tourist market.
ADOPTED THIS __day of 2006.
David H. Ready, City Manager
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
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM SPRINGS, CALIFORNIA FOR
APPROVAL OF CONDITIONAL USE PERMIT NO. 5.1094
LOCATED AT 290 NORTH PALM CANYON DRIVE, ZONE
CBD, SECTION 15.
WHEREAS, Scott Morgan (Applicant") has filed an application with the City pursuant to
Section 94.02.00 of the Zoning Ordinance for a Conditional Use Permit to allow wine
tasting at 390 North Palm Canyon Drive, Zone CBD, Section 15; and
WHEREAS, notice of public hearing of the Planning Commission of the City of Palm
Springs to consider Case No. 5.1094 — CUP was given in accordance with applicable
law; and
WHEREAS, on April 12, 2006, a public hearing on the application was held by the
Planning Commission in accordance with applicable law; and
'WHEREAS, the proposed project is considered a "project" pursuant to the terms of the
California Environmental Quality Act ("CEQA"), and has been determined to be
Categorically Exempt as a Class III exemption (Existing Facilities) pursuant to Section
15301 of the CEQA Guidelines; and
'WHEREAS, the Planning Commission has carefully reviewed and considered all of the
evidence presented in connection with the hearing on the project, including, but not
Vimited to, the staff report, and all written and oral testimony presented.
"THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS:
Section 1: Pursuant to the requirements of Section 94.02.00(B)(6), the Planning
Commission finds:
"The Conditional Use Permit process outlined in Section 94.02.00 of the Zoning Code
requires the Planning Commission to make a number of findings for approval of the
permit. Those findings are analyzed by staff in order 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 on-site sale of wine is established per Section 92.09.01(D)(5) as a permitted
use with a Conditional Use Permit in the CBD zone.
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 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.
Planning Commission Resolution April 12, 2006
Case 5.1094- CUP Page 2 of 3
The project is consistent with Policy 3.20.1 of the General Plan relating
specifically to the Northern Gateway area of the CBD designation.
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 project does not propose any exterior changes to the site. Minor tenant
improvements may be required to conform to the requirements of the ABC
license. Any adjustments to the project site will be internal and the existing
conditions are adequate to the use.
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.
The project site is located along North Palm Canyon Drive, which is designated
as a major thoroughfare on the General Plan Circulation Element. The proposed
parking has been determined to be existing non-conforming and the public
parking area across the street appear to be adequate to serve the demand of the
proposed use.
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.
Such conditions may include:
a. Regulation of use
b. Special yards, space and buffers
c. Fences and walls
d. Surfacing of parking areas subject to city specifications
e. Requiring street, service road, or alley dedications and improvements or
appropriate bonds
f. Regulation of points of vehicular ingress and egress
g. Regulation of signs
h. Requiring landscaping and maintenance thereof
i. Requiring maintenance of grounds
j. Regulation of noise, vibrations, odors, etc.
k. Regulation of time for certain activities
I. Time period within which the proposed use shall be developed
m. Duration of use
n. Dedication of property for public use
Planning Commission Resolution April 12, 2006
Case 5.1094- CUP Page 3 of 3
o. Any such other conditions as will make possible the development of the
city in an orderly and efficient manner and in conformity with the intent and
purposes set forth in this Zoning Code, including but not limited to
mitigation measures outlined in an environmental assessment.
There is no change to the existing site plan and no conditions are required to
accommodate the new use on the site. Staff has included Conditions of
Approval to provide parameters and restrictions for the proposed use.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby approves Case No. 5.1094 - CUP.
,ADOPTED this 12th day of April, 2006.
,AYES:
NOES:
,ABSENT:
,ABSTAIN:
,ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
Planning Commission Chairman Planning Commission Secretary
MAP BOOK 9/432 S.D. PALM SPRINGS APN 513-081-022
PM 9319-8 PARCEL MAP 14748
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