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HomeMy WebLinkAbout10/5/2005 - STAFF REPORTS (16) F,LAI V 7V !",f L DATE: October 5, 2005 Consent Calendar SUBJECT: dIREQUEST BY GRESHP,!M, SjMh`�,GE, NND TILDEi� FOR THE ADOPTiO11 OF A RESCLUTNOdN Of- PUBUC CONVENIENCE OR NECESSM, W ORDE�R TO SELL ALOCN-HIOL. AT THE '01AL1VIART SUPERCENTER LOCATED 2kT5601 EAST RNVION� ROAD, ZONE M-1, SECTION 20. FROINA David H. ,Read;!, City Manager BY: Director ofi-lanning Services SUP41MARY Staff is requesting ihat lihe Council adopt a,, F1,eSOlU'UGfl Of Public Convenience or Necessity to allow the sale ,-)falcohol ait the Wal"702art. l-'ECOMMIENDA LFQN: Adopt Resolution No. "A ;"1E-SOLUTiON OF THE- (-,ITY COUNUL OF THE CM1, OF PALTW SPRUNGS, CAUFORNUAL, ACDOPTING A RESOLUTION OF PUBUC CONVENIENCE AND NECESS1TY N,,l ORDER TO SELL ALCOHOL AT THE U 17 5801 'L,,,,_',T RC1,00, 01 7 �,aE hfi-i, SECTION 20." WAI-11AART LOCATED ,,k STAFF ANIALYSIS: As per the Zoning Ordinance, Section allows all uses listed in the C-1 zone. Section 92.12-01(AX-49.) alickivs supermarkets as a pen-nitted use within the zone. Liquor stores are a generally accepted use -,within C-1 zones Earned therefore the use is permitted. The applicant has applied for a liquor license ti-wouigh the Department of Alcoholic Beverage Control. The license is as follovvs- License Type of License Number 20 Off Sale Beer and 'Wine *Source: Department ofA11coholic Beverage Control WebSite Item No. 2 , 1 , city CoLincil Staff G epoa October 5, 2005 -- Page 2 Convenience and Necessi-tk,4 The State Department of AlcohoEic SeVsre,98 CGrA'Foi VVill not issue a license for Such a sale unless the City Council adopts a res011utiOil PUrs',01i to state law, indicating that the prernises will provide i for the public convenience or necessity,. The subject property is in a cornillercial area. Abutting uses are as follows GP Zone Description North N/A I CaUledral City, 7-11, Hapa Autoparts, South I l�D MA °Vacant, g,ropt�sed Indian basis East iND Wpi 'Vamvilht, Proposed "Power Center -I st IND Nq-I i owe's shopping Center 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 prernise-W-Pria"rij-138 transfer of any retail license are located ,in an area where the ratio of 0111-sale retail licenses to population in the census tract or census division in which the applicant sprernises are IoCaL X d e ceeds the ratio of on-sale Le retail licenses to population in the county in viol-rich [he 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 1,olter or, resolution froi-ji the City Council or its designated SLAbovdinate officer or body, indicating the premises will provide for the public convenience and necessity. The subject property is within Census Tract 0190. Thal: tract has a population of 1,340 people and Would be allotted one (1) liquor license, There are currently four (4) alcohol licenses issued for 'he tract and another is pending. This over-concentration has led the ABC to F%)nclud'e 'khat a Resolution of Public onvenience or Necessity is needed from the CitY COLIFICH to grant another liquor license within the tract. Wal*,%q[,- art Supercehters sell alcohol within the grocery section of the store- The land use has been defined as a supermarket vihich includes the sale of alcohol as a permitted Subsidiary Use. A finding of "Pubiic Convenience or Necessity" means that the applicant premises a.Rfijl provide for the convenient patronage of the public whereby the convenience does nit already exist in the immediate area. Necessity implies that the premise is needed by the conlillUrlity. Currently the State Deparb-nent of Alcoholic Severage COntrol, pursuant to Section 23958.4 of the '1995 State law, considers the City of Palm Springs as over-concentrated relative to establishments that provide alcohofic beverages. State law was enacted to allow local government the opportunity to reguVate- the nurriber and location of such uses. There are no supermark ',eLs Lh'0fi' in 0-18 City limits in the vicinity of the VVal �'Mart. Pursuant to Section 23598.4, the local governing body of the area in which the applicant premises are located determines within 90 days of f notification of a completed application that Public convenience or necessiiy would be served. The 90-day period City Council Staff Report October 5, 2OO5 -- Page 3 Convenience and Necessity shall commence upon receipt by the local governing body of (A) notification by the department of an application for lic:ensurs, or (B) a compleled applicaidon according to local requirements, if any, whichever is later. _the applicant's application was deemed complete on September 7, 2005. The WaMart Supercenter has been approved by the City Council in a previous action dated April 7, 2004. However, findings In the lang age of the original Resolution were not made to grant a Resolution of Public Corjversience a,r Necessity. Therefore the applicant has applied for the FZesolutloin in order to allovv the full range of uses proposed in the initial Destination Ramon application The proposed usage Would be equal to '150 square feet of Floor area within an approximate 225,O00 square foot shopping area. That would ,equate to .000693% of the total floor area being devoted to alcohol sales- Due to the fact that Census Trace 0190 contains only 1,340 people, ii is unlikely That the proposed llgrsor license would clearly interfere vvitth smaller, specialty, liquor- stores. The marketing philosophy of Wa1 Mart is to provide "One stop shopping". The public convenience is served by allowing consumers to make alcohol purchases at the same loremises as they will be making other genel-ad rnerchandis,e purchases. (Based on the small amount of floor area devsied to alcohol sales and the nature of Vkd'Wart patronage, staff is recommending approval of the Resolution of Public Convenience or Necessity. FISCAL 111f@EACT: frlo fiscal ls7npact. %in_%J lri� d'ddarri�'all� s arF Dept. �i lctor A3sisiani !City ill s7ager David F-l. Ready, Citj Attache rents: 1. (Leifer of Request 2. Resolution RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A RESOLUTION OF PUBLIC CONVENIENCE AND NECESSITY IN ORDER TO SELL ALCOHOL AT THE WAL*MART LOCATED AT 5601 EAST RAMON ROAD, ZONE M-1, SECTION 20. WHEREAS, Wal*Mart ("applicant') has requested the adoption of a Resolution of Public Convenience and Necessity in order to sell alcohol at the Supercenter located at 5601 East Ramon Road, Zone M-1, Section 20; and WHEREAS, Wal*Mart ("applicant') agrees to sell alcohol as an accessory use to the grocery use and that alcohol sales will be .000693% of the floor area of the use. WHEREAS, the City Council is being asked to adopt a Resolution of Public Convenience and Necessity 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 and Necessity, 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). NOW, THEREFORE, BE IT RESOLVED that based upon the foregoing, the City Council hereby adopts a Resolution of Public Convenience and Necessity for a Type 20 liquor license (Sale Off-site — Beer and Wine) at 5601 East Ramon Road. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That based upon the foregoing, the City Council hereby adopts a Resolution of Public Convenience and Necessity for a Type 20 liquor license (Sale Off- site — Beer and Wine) at 5601 East Ramon Road. ADOPTED THIS _th day of 2005. David H. Ready, City Manager ,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 7 2�' -� F� n/C- J � GRESHAM SAVAGE NOLAN &TILDEN A PROFESSIONAL CORPORATION LAWYERS•FOUNDED 1910 FOR THE FIRM: 550 EAST HOSPITALITY LANE,SUITE 300 Alicen Clark Wong SAN BERNARDINO,CALIFORNIA 92408-4205 e-mail Alimn.Wong@gr simmavagc.com (909)884-2171-FACSIMILE(909)888-2120 wvrw.greshamsavage.com July 27, 2005 VIA FEDERAL EXPRESS Mr. Alex Meyerhoff ;.E �$2995 City of Palm Springs JUL 3200 E. Tahquitz Canyon Way P�dnnl[t9 y �ulun9 Palm Springs, California 92262 Re: Wal-Mart, 5601 East Ramon Road, Palm Springs, California Dear Alex: Our firm represents Wal-Mart Stores, Inc, with regard to the above-referenced store. This store will be located in census tract 0190, a tract the ABC has identified as over-concentrated. According to the information provided by the ABC, because the tract has a population of 1340 people, only 1 off-sale liquor license is permitted. The tract currently contains 4 licenses and 1 is pending. On behalf of our client, we ask the City to issue a finding of public convenience and necessity for a Type 21 alcohol license for the above-referenced store. The following information supports this request. Wal-Mart sells alcoholic beverages in the grocery section of the store. The beverages are displayed on shelves and in refrigerated cases. I am enclosing a close-up of the alcohol display area that shows the alcohol next to and across the aisle from bottled water. The display area is monitored by security cameras positioned at strategic locations. Wal-Mart preserves the security tapes for a reasonable period of time and will make them available to law enforcement officers, upon request. All cashiers and managers are required as a condition of employment to attend a training program sponsored by the ABC. Upon being hired, cashiers must receive training within the first 30 days. Training is also required at regular intervals thereafter. The training program focuses on selling alcoholic beverages responsibly, and in compliance with California law. The Wal-Mart parking lot is designed with public safety in mind. It is well lit, and the continual presence of employees returning carts to the cart corrals discourages loitering. Because of the size of the parking lot and the store, it is unlikely customers would choose Wal-Mart to buy just alcohol. The parking lot and the store are too Iarge to be convenient for a single-item purchase. In offering alcohol for off-site consumption, Wal-Mart's intent is to provide an added convenience for its grocery and general merchandise customers. The size of the store, the well lit RIVERSIDE OFFICE-3750 UNIVERSITY AVENUE,SUITE 250,RIVERSIDE,CA 92501-3335•(951)684-2171•FACSIMILE(951)684-2150 VICTORVILLE OFFICE•13911 PARK AVENUE,SUITE 208,VICTORVILL£,CA 92392•(760)243-2889•FACSIMILE(760)243-0467 GRESHAM SAVAGE NOLAN &TILDEN, A PROFESSIONAL CORPORATION Alicen Clark Wong Mr. Alex Meyerhoff July 27,2005 Page 2 and well designed parking lot, and the training program, combine to foster customer safety and convenience. For these reasons, offering distilled spirits for sale at the Wal-Mart will not interfere with public health and safety. I am enclosing the approved site plan and a floor plan for the store. The alcohol display area is located inside the cloud. The store consists of about 225,000 square feet and the alcohol display area is about 156 square feet (including refrigerator cases). This means the alcohol display area is less than one/one thousandth of one percent of the floor area. The ABC license for this store has been assigned to Shelley Bishop, in the Rancho Mirage ABC office. Please notify me if any public hearings are required in connection with this request.I am enclosing a check in the amount of$771 to cover the processing fee. Thank you for your assistance with this request, and please advise if you require any additional information. Very truly yours, !L111 Alicen Clark Wong, o GRESHAM SAVAGE NOLAN&TILDEN, A Professional Corporation ACW:cac Enclosures N:\W590\001UrXPCN Request.doc