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Home My WebLink About2006-01-04 STAFF REPORTS 2K �o ppLM S'09 iy ti u � AO qA1 E0`93w c9`'FORItl CITY COUNCIL STAFF REPORT DATE: January 4, 2006 Consent Calendar SUBJECT: REQUEST BY JOSEPH BEHNAM FOR THE ADOPTION OF A RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY IN ORDER TO SELL ALCOHOL AT THE ONE STOP MARKET LOCATED AT 220 NORTH INDIAN CANYON DRIVE, ZONE RA, SECTION 14. CASE: 5.1088 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 the sale of alcohol at the One Stop Market. RECOMMENDATION: Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY IN ORDER TO SELL ALCOHOL AT THE ONE STOP MARKET LOCATED AT 220 NORTH INDIAN CANYON DRIVE, ZONE RA, SECTION 14." BACKGROUND: The applicant has applied for a liquor license through the Department of Alcoholic Beverage Control for existing "One Stop Market" at 220 North Indian Canyon Drive. The license is a 'Type 20" license authorizing the sale of beer and wine for off-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 Nn / .K. City Council Staff Report January 4, 2006 E5.1088-PCN Page 2 of 3 DISCUSSION: 'The applicant is leasing the site at 220 North Indian Canyon Drive ("One Stop Market") from the current property owners, who have surrendered an existing Type 21 Liquor License (Off-site General Sale) to the Department of Alcoholic Beverage Control. Because the applicant is applying for a new liquor license at the location (for beer and wine only), ABC is requiring a resolution from the City Council to approve an "undue concentration" of such licenses.' 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 #0101 has three (3) active liquor licenses but the tract has the population to allow two (2). 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 Zone Description North CBD RA Plaza Motors, JP Reprographics South RC RA Libott Pools, Palm Springs Plumbing East RC RA Post Office West CBD CBD The Springs Resort The approximate floor area of the One Stop Market is 1,700 square feet and the area to be devoted to the sale of beer and wine would be approximately 40% or 680 square feet. i ' Having been surrendered to the ABC, the old Type 21 license is no longer active. However, it could be reactivated at some point in the future. Only one license can be active at a time per for any one location. i j City Council Staff Report January 4, 2006 5.1088-PCN Page 3 of 3 The Rancho Mirage Office of the ABC has records indicating that a liquor store has 9 9 q been operating on the site since 1988 although the applicant has indicated that it has been there for a longer period. The site is within the jurisdiction of the Section 14 Master Plan, in which liquor stores are permitted with a Conditional Use Permit per Section 6.1.2. No CUP has been issued for the sale of liquor at the site, and staff believes that the use pre-dates the CUP requirement and is therefore is a legal, non- conforming use. Staff believes that allowing the continuation of a use in compliance with Section 94.05.04 of the Palm Springs Zoning Ordinance (Non-conforming uses) serves the public convenience, and therefore recommends adoption of the Resolution of Public Convenience. FISCAL IMPACT: No fiscal impact. ra g�A E mi g, Al IT Thomas W. Wi eon, IDirec{{2�1r of Pla�nin Services Assistant City Manager David H. Ready, City der Attachments: 1. Letter of Request 2. Resolution RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A RESOLUTION OF PUBLIC CONVENIENCE IN ORDER TO SELL BEER AND WINE AT THE ONE STOP MARKET LOCATED AT 220 NORTH INDIAN CANYON DRIVE, ZONE RA, SECTION 14. WHEREAS, Joseph Behnam ("applicant') has requested the adoption of a Resolution of Public Convenience or Necessity in order to sell alcohol at the One Stop Market located at 220 North Indian Canyon Drive, Zone RA, Section 14; and WHEREAS, Joseph Behnam ("applicant') agrees to sell alcohol as part of a liquor store use and that alcohol sales will be approximately 40% of the floor area of the use; 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 20 (Off-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 20 liquor license (Sale Off-site — Beer and Wine) at 220 North Indian Canyon Drive serves the Public Convenience. ADOPTED THIS day of .12005. 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