Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
12/15/2010 - STAFF REPORTS - 4.C.
Renovation of 150 W Vista Chino into a 3,950 square foot multi-tenant building ------------------------------------------------------------------------------------------------------------ 0 ----------------------------------------------------------------------------------------------------------- � d s Existing Conditions The building is in poor condition Liquor License xN-as previously active on this site Building has been vacant for ' • y three Tears g , It is now bank oxvned AI Nk ....... .................................. ...... �r� ' L _ € -AIL Small Site (18,000 5 • � I Land Locked: t Assemblage not possible -SCE station to north Split zoning ~' - Aft� rj Area already saturated e with restaurants _ooe 3• .2: e•s2•as-er aie va'tt € c = i Architecture creates long- terrri value With an eye to long term value, our goal is ` �' to create apowerful - signature building punctuating the entry to the City's Design District and compatible - _ v��th the upscale nature of the resorts, hotels _ ---------- ---- ---- ------------------------------------------------------------------------------------------------------------------------ -------------- and local - - neighborhoods s ROAD Bold, � , � - ■ � � ` � @ @ @ ' � � ■ - - � - � MUMS 7 � ���, ■ � j ���p. ■ A < aincNIAWIROM ! G. �.. 11w �! —Mot a Significant Outreach Efforts Made ----------------------------------------------------------------------------------------------------------- 0 ---------------------------------------------------------------------------------------------------------- • The charter school which leases the building next to the site and the owner of that property are in support of the project s M a: ti p •X rp h w._r '� J � ,t �eavr.t apiww t !( y ", ' �• r a 7%.�w �,;wwk f �`+ •od•IA a d�� *Mt • .y,�� k• .. N � � �0. d ? aL d^ ^ •,�e�ta Ll"Ana (m9a. r rr d �• 4 �•ywa.,� t .��.r . �c n, s AID xl"14 ,r .. A n a d nA K�"ti�N ri Vr W cw w "�� " �Mi° a t■ t 'J� L. �Y {4 'i�I•" � aM � dYl l i. I Mot cam• y AM r xYw 6 5 ! -, ', !S ]j �.qro YY �.Ar .Ilu s,iii^ � � �w�s:-�►.��, p,A .� u�. ir�r.Y� s�I•. is f V#Alp r •U1S ��r +Ar,TY iS"'Y "f.r, nEl �..w�� °� {j.M• /* ry( �f air x�y-w ► � " it . � *w• r Y �•ix kYa�'k ^..: �� w-r � !� � � �z1 �,'.J•r '.' Am It AM +f , PO .1 ': 14 Q.) ct r„ •O c� bA ct ct Oct O O as AN H 00 h co O ° U) 'l., Y Y3 � _- % Y y �Lc , v a� a � - - Alcohol sales are limited to less than 15 % of sales area. They account for 10%-r5% of overall sales. However, they are a critical part of the inventory because they allow the neighborhood market to meet all the convenience grocery needs of the consumer ----------------------------------------------------------------------------------------------------------- 0 --------------------------------------------------------------------------------------------------------- r a err.. t ,ems s t F E 9� Limitations of census tract in analyzing liquor licenses at this location ------------------------------------------------------------------------------------------------------------ %J ------------------------------------------------------------------------------------------------------------ • Uses the 200o census — data is io years old � Census only factors in residents — does not include hotel guests, business employees or seasonal visitors Does not consider the commercial character of an area -- gives no consideration to local zoning Esta rs fes a - signature buildin on a blighted, land -constrained sit Provides a valued convenience to residents, hotel K guests and businesses in the trade area Will contribute significant financial benefits to the City of Pal THIS WILL BE A GREAT PROJECT Springs FOR THE CITY OF PALM SPRINGS The applicant is willing to offer up the following voluntary concessions ------------------------------------------------------------------------------------------------------------ . %=j -------------------------------------------------------------------------------------------------------- 1. An electronic age verification license scanner shall be installed. 2. NO sales of alcoholic beverages will be allowed after 12 midnight. 3. No hard liquor, malt liquor or fortified wine products shall be sold. 4. Beer and malt beverages shall not be sold in individual containers. 5. Sales of wine shall be in containers of at least 75o ml. 6. The number of cooler doors allocated to beer and wine shall not exceed 5 cooler doors. 7. Signs shall be posted at the location in English and Spanish with regard to prohibitions of open containers and loitering at the location, and no loitering will be tolerated. 8. 24-hour hour security surveillance cameras monitoring the interior and exterior of the premises shall be installed and maintained in proper working order at all times. Surveillance footage shall be maintained digitally for not less than 3o days and will be shared with law enforcement upon request. g. There shall be no coin operated video or arcade games and no adult magazines or videos shall be sold. 1o. No advertising for beer or wine shall be allowed on buildings or windows. 12. The sales floor space allocated to alcoholic beverages shall not exceed 15% of the total sales floor area. -o Jay Thompson From: Ken Lyon Sent: Wednesday, December 15, 2010 4:11 PM + : , To: Jay Thompson Cc: Craig Ewing A Subject: FW: Fresh neighborhood Market Hi Jay, Councilmember Hutchison inquired about the type of fresh food products and individual packaged items that were proposed at the propsed 7-Eleven that constitute their"upscale neighborhood market" concept. Below is a partial list of items provided by 7-Eleven in response to his question. Would you kindly provide these to the council members for tonight's meeting? Thank you, Ken Lyon From: Lucy Dinneen [mailto:ldinneen@cadencecap.com] Sent: Wednesday, December 15, 2010 4:07 PM To: Ken Lyon Subject: Fresh neighborhood Market Just a sampling of our items in the neighborhood markets... in addition to a wide range of grocery items (soups, cereals, pastas) we offer fresh options made or delivered daily including: Red apples Granny apples Bananas Limes Lemons Pears Grapefruit Sliced fruit plates—several kinds Vegetable plates Fresh carrots Fresh celery Endaname 20 freshly made sandwiches all traditional (tuna, chicken, egg salad) but also many gourmet, including: - Turkey and swiss on Croissant - Turkey and Vermont chedder - Roast beef Caesar Chicken Burritos Ceasear salad Chef Salad Cherry Almond Corn salad Cobb salad Sushi rolls Cailfornia Rolls Italian Pasta Chicken teriyaki dkami Rolls Whole bean coffee � 12/15/2010 Juices Milk Yogurts Bottled water Fresh Bread Fresh Baked Muffins Cinnamon rolls and fresh pastry Bill Halverson Merchandising: Fresh Foods 7-Eleven,Inc, Southwest Division (714) 674-4328 (Voicemail) (714)328-5321 (Cell) 12/15/2010 11-29-2010 Dear Mr. Ken Lyon " d "d i 17 We are writing this letter in protest of the development proposed by Cadence Capital Investment to open,a 7 Eleven at 150 W.Vista Chino Dr.Palm Springs.The surrounding area is already saturated by more than 1.4 businesses that have either liquor licenses or operate as a convenience stores. A few are listed below: • Julian Market • 7 Eleven at Racquet Club • N.Palm Canyon Shell • Larry's Spirit and Wine • Las Palmas Liquor • Palm Springs Gas • Garric Cellar • And many many more... Is this use not saturated enough in this area? We strongly feel that our community does not need any more convenient stores or beer and wine retailers. We are the owners of Las Palmas Liquor,across the street from the new proposed 7 Eleven and will be one of many business owners who will be hurt very much from this new business.The City of Palm Springs has always supported and protected existing businesses in town and small business owners and therefore we are confident that the city will continue to do so.Approval of this development will only further saturate an already oversaturated area.In these tough economic times,further saturation and competition will only devastate our business and those around us. Therefore,we are strongly opposed to development of this new 7 Eleven. Thank you for your attention to this matter. Sincerely, George Zakkour Mike Zakkour Owners of Las Palmas liquors (760)408-9099 Jan Truscott From: Citymanager- Mail Login c ] Sent: Thursday, December 09, 2010 12:37 PM To: Jan Truscott Subject: FW: Application for a Seven-Eleven at 150 West Vista Chino Drive 0 2010 ------------------------------------------- From: Eldon Greenberg[SMTP:ELDIE@IX.NETCOM.COM] Sent: Thursday, December 09, 2010 12:37:51 PM To: Rick Hutcheson; Chris Mills; Lee Weigel; Ginny Foat; Steve Pougnet; Citymanager-Mail Login Subject: Application for a Seven-Eleven at 150 West Vista Chino Drive Auto forwarded by a Rule I understand that there is an effort underway to secure reconsideration of an application for locating a Seven-Eleven store at 150 West Vista Chino Drive in Palm Springs. I am the owner of the property at 1595 North Palm Canyon Drive. I strongly urge that this application be rejected. It has already been rejected once. The area is saturated with retail and adding a new retail outlet, especially next to a school, is inappropriate. Thank you for your consideration of these views. Eldon Greenberg. Eldon Greenberg 4435 Linnean Avenue, N.W. Washington, D.C. 20008 (202) 686-0383 elde- ix.netcom_com u ?ALM Spy iZ � G u m k # * ryC1iRATq, M r�4 1FO t P STAFF MEMO DATE: December 15, 2010 UNFINISHED BUSINESS SUBJECT: REQUEST BY 7-ELEVEN, INC. FOR A RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY (PCN) TO SELL BEER AND WINE FOR CONSUMPTION OFF PREMISES (TYPE 20 ALCOHOL LICENSE) AT A 7- ELEVEN CONVENIENCE STORE AT 150 WEST VISTA CHINO ROAD CASE: 5.1247 — PCN FROM: David H. Ready, City Manager BY: Craig Ewing, AICP, Director of Planning Services On November 17, 2010, the subject PCN request was denied by Council (3-1). On November 23, 2010, Stephen Allen Jamieson, on behalf of 7-Eleven, Inc., submitted a letter to the City Manager requesting a second review by the City Council of the PCN request. Staff has reviewed Mr. Jamieson's letter and determined that another review by the City Council may be warranted, especially in light of recent Planning Commission action on the associated Conditional Use Permit for a 24-hour Convenience Store at this address (the old Uptown Grill restaurant at Vista Chino and Indian Canyon Drive). On December 8, 2010, the Planning Commission conducted a public hearing and approved a CUP application (6-1, Caffrey opposed) for a 24-hour convenience store use at the subject location. The Architectural Advisory Committee voted 6-0 recommending approval by the Planning Commission of the proposed architectural improvements to the existing building. In making its decision, the Planning Commission offered favorable response on not only the architectural improvements proposed for the exterior of the building, but also on the more upscale "neighborhood market" concept for the convenience store. The market features fresh salads, sandwiches, and more grocery items, and limits alcoholic products to roughly 10% of their estimated total sales for this market type. Although the school administrator rescinded his letter of support, a letter of support was received by the owner of the adjacent school building. Should the Council approve the request, an updated resolution will be prepared based on the draft included in the November 17, 2010 report. Attachments: - November 17, 2010 Staff Report on the Resolution for Public Convenience - Graphic information showing architectural improvements - Jamieson to Ready letter dated November 23, 2010 - Letters from adjacent school owner and administrator - December 8, 2010 Planning Commission packet ITEM NO. CITY COUNCIL CITY OF PALM SPRINGS, CALIFORNIA lPlM f' O! • (IFOR�a• MINUTES EXCERPT WEDNESDAY, NOVEMBER 17, 2010 EXCLUDED CONSENT CALENDAR: Councilmember Mills stated he has a business related conflict of interest with respect to Item 21., would not participate in the discussion or the vote, and left Council Chamber. 2.L. REQUEST BY 7-ELEVEN, INC. FOR A RESOLUTION OF PUBLIC CONVENIENCE IN ORDER TO SELL BEER AND WINE FOR CONSUMPTION OFF PREMISES AT A PROPOSED CONVENIENCE STORE LOCATED AT 150 WEST VISTA CHINO ROAD: Councilmember Weigel stated his concerns with oversaturation in the area, noted the other business in the area that sell alcohol, and stated he could not support a Resolution of Public Convenience. Mayor Pro Tern Hutcheson requested staff address the architectural aspects of the project and requested the Applicant address the branding of the store. Mayor Pougnet requested staff address the timing and why the City Council is hearing this item before the CUP. Councilmember Foat stated the proposed site is next door to a school and to a business that the City Council denied a Resolution of Convenience, and would not support a Resolution of Public Convenience. MOTION: Adopt Resolution "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OF PUBLIC CONVENIENCE IN ORDER TO SELL BEER AND WINE FOR OFF SITE CONSUMPTION (TYPE 20 ALCOHOL LICENSE) TO BE LOCATED AT A PROPOSED 24-HOUR CONVENIENCE STORE AT 150 WEST VISTA CHINO ROAD, APN 504-320- 016, ZONE C-1/R-3, SECTION 3/T4/R4." Motion Mayor Pro Tern Hutcheson, failed for lack of a second. ACTION: Deny the Resolution of Public Convenience in order to sell beer and wine for off premise consumption located at 150 West Vista Chino Road. Motion Councilmember Foat, seconded by Councilmember Weigel and carried 3-1 on a roll call vote. AYES: Councilmember Foat, Councilmember Weigel, and Mayor Pougnet. NOES: Mayor Pro Tern Hutcheson. 2 �Ot p A L M sA4 u � ko q3 R'OYFYEO C�`'F° `P CITY COUNCIL STAFF REPORT DATE: November 17, 2010 CONSENT CALENDAR SUBJECT: REQUEST BY 7-ELEVEN, INC. FOR A RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY (PCN) TO SELL BEER AND WINE FOR CONSUMPTION OFF PREMISES (TYPE 20 ALCOHOL LICENSE) AT A 7-ELEVEN CONVENIENCE STORE AT 150 WEST VISTA CHINO ROAD (APN 504-320-016; ZONE C-1/R-3). CASE: 5.1247 — PCN FROM: David H. Ready, City Manager BY: Craig Ewing, AICP, Director of Planning Services SUMMARY The applicant, 7-Eleven, Inc., is requesting the Council to adopt a Resolution of Public Convenience or Necessity (PCN) for the sale of beer and wine for consumption off site (Alcohol and Beverage Control Type 20 license) at a proposed 24-hour convenience store to be located at 150 West Vista Chino Road. A related application for a Conditional Use Permit (CUP) for approval of the convenience store uses at this location is tentatively scheduled to be heard by the Planning Commission on Wednesday, December 8, 2010. RECOMMENDATION: Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OF PUBLIC CONVENIENCE OR NECESSITY IN ORDER TO SELL BEER AND WINE FOR OFF SITE CONSUMPTION (TYPE 20 ALCOHOL LICENSE) TO BE LOCATED AT A PROPOSED 24-HOUR CONVENIENCE STORE AT 150 WEST VISTA CHINO ROAD, APN 504-320-016, ZONE C-1/R-3, SECTION 3/T4/R4." BACKGROUND: The applicant has applied for a Type 20 license through the State of California Department of Alcoholic Beverage Control (ABC) for a 24-hour convenience store at City Council Staff Report November 17, 2010 5.1247-PCN—7-Eleven at 150 West Vista Chino Road Page 2 of 4 150 West Vista Chino Road. The "Type 20" license authorizes the sale of beer and wine for off-site consumption. Under this license category, minors are allowed on the premises. This location previously was previously occupied by the Uptown Grill Restaurant and had an approved Type 47 license (on-sale general eating place). Because of the "undue concentration" of Type 20 licenses in this particular census tract, the ABC will not issue the license unless the City Council adopts a resolution pursuant to state law, indicating that granting a Type 20 alcohol license for the subject premises will provide for the public convenience or necessity. RELATED PRIOR ACTIONS: None. ANALYSIS: The applicant is applying for a new Type 20 alcohol license at 150 West Vista Chino Road for the sale of beer and wine for off-site consumption. The Department of Alcoholic Beverage Control 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, by granting such license. Currently, the State Department of Alcoholic Beverage Control considers the census tract that the proposed license is to be located as having an "undue concentration" of liquor licenses. The subject property is located within Census Tract #0446.01 (see attached census map). This tract currently has 14 active Type 20 / 21 off-sale liquor licenses. Four (4) off-sale licenses are authorized for the tract. For comparison, there are 87 on-sale licenses in this census tract and six (6) are authorized for the tract. 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 fully developed commercial and residential area of the City. Surrounding zoning, general plan land use designations and existing uses are denoted in the following table. City Council Staff Report November 17, 2010 5.1247-PCN—7-Eleven at 150 West Vista Chino Road Page 3 of 4 Table 1 General Plan, Zoning and Existing Surrounding Land Uses General Plan Zone Land Use North Tourist Resort Commercial C-1 / R-3 School (Mojave River Academy) South Mixed Use R-3 Restaurant Rick's Desert Grill East Tourist Resort Commercial R-3 Hotel Resort (The Riviera) West Tourist Resort Commercial C-1 Gas Station (Shell) of My Y� f411i a„ r ,ril 4� yyY I I' I AERIAL PHOTO SHOWING PROJECT SITE AND SURROUNDING DEVELOPMENT Several of the immediately adjacent businesses have various types of licenses for the sale and consumption of alcohol, including the Riviera Resort, Ricks Desert Grill, Las Palmas Liquor, and the Santa Maria Meat Market. The adjacent Shell station applied for a Type 20 alcohol license and PCN and was denied in 2008. There is a school immediately north of the site at 1776 North Palm Canyon Drive (The Mojave River Academy). The applicant has contacted the school administrator who has provided a written letter of support of the development of the site for a convenience store that also sells beer and wine (attached). The sale of alcohol at this location is contingent on the City's approval of the CUP application for the convenience store uses at this site. (That hearing is tentatively scheduled before the Planning Commission on December 8, 2010.) r.. City Council Staff Report November 17, 2010 5.1247-PCN—7-Eleven at 150 West Vista Chino Road Page 4 of 4 FISCAL IMPACT: None. Craig A. Ewing, AICP, Thomas J. Wilson, Director of Planning Services Assistant City Manager David H. Ready, City Manager Attachments: 1. 400' Vicinity Map 2. Draft Resolution 3. Letter of Request from applicant 4. Mojave River Academy to City letter dated May 10, 2010. 5. Census map 6. List of Off-sale alcohol license in census tract 466.01 �o vALM SAS N N Department of Planning Services w Vicinity Map S , I `1 I 1� , '.................................................................................. I i i 3 3 i E E .........1 1 , ISTA CHINO S -11'l ........_ ......... i s , 1 r ................ .......... — I..._ Ll I .... ,,,........ a i t F i..... ........... y... ....... r..... ............ .......... IL............. VIA DEL SOL ... ........ . ..,,,,.... ... , a Legend CL �400 foot buffer site CkUCKWALL, RD I j ... .. ... Parcels E . CITY OF PALM SPRINGS CASE NO.: 5.1247 PCN DESCRIPTION: A request for a Resolution of Public Convenience or Necessity for a Type 20 APPLICANT: 7-Eleven, Inc. Alcohol license to sell beer and wine at a 24 hour convenience store proposed at 150 West Vista Chino Road, Zone C-1 / R-3, Section 3 r l RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A RESOLUTION OF PUBLIC CONVENIENCE FOR ISSUANCE OF A TYPE 20 ALCOHOL LICENSE FOR THE SALE OF BEER AND WINE FOR OFF-SITE CONSUMPTION AT A PROPOSED 24-HOUR CONVENIENCE STORE AT 150 WEST VISTA CHINO ROAD, APN 504-320-016, ZONE C-1/R-3, SECTION 3/T4/R4. WHEREAS, 7-Eleven Inc. ("Applicant") has requested the adoption of a Resolution of Public Convenience for a Type 20 alcohol license sell beer and wine for off-site consumption at a proposed 24-hour convenience store located at 150 West Vista Chino Road, APN 504-320-016, Zone C-1/R-3, Section 3/T4/R4.; and WHEREAS, the Applicant proposes to sell beer and wine as part of a proposed 24-hour convenience store; 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 (ABC); and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the request for a Resolution of Public Convenience, including but not limited to the staff report and all written and oral testimony, and WHEREAS, the applicant has made an application to the State of California Alcoholic Beverage Control Board for a Type 20 license to sell beer and wine for consumption off- premises at a 24-hour convenience store proposed at 150 West Vista Chino Road. 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 (Off Sale Beer &Wine) at 150 West Vista Chino Road, serves the Public Convenience. SECTION 2: This resolution is contingent on the City granting a Conditional Use Permit for a 24-hour convenience store at this location. ADOPTED THIS 17T" DAY OF NOVEMBER, 2010. 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 9 CADENCE CAPITAL INVESTMENTS LLC .30 E. ORCHARo RD#2499 GREENWOOD VILLAGE, COLORADO 80123 November 8, 2010 Mr. Craig A. Ewing, AICP Director of Planning City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 RE: 7 Eleven Inc. 150 W. Vista Chino Palm Springs, CA 92262 Determination of Public Convenience or Necessity Dear Mr. Ewing: According to the statistics provided by the Department of Alcohol Beverage Control,the above referenced premises is located within a census tract in which an undue concentration of licenses exists pursuant to §23958.4 of the Business and Professions Code. It is my understanding that the City of Palm Springs has been delegated their authority to make the determination of Public Convenience or Necessity as required by §23958.4 by the Department. Therefore, on behalf of 7-Eleven, Inc., I respectfully request that the City of Palm Springs find favorably that Public Convenience will be served by issuance of an off sale beer and wine license at the above referenced location. BACKGROUND On November 4th, 2010, 7 Eleven, Inc. applied for an original off sale beer and wine (type 20) license with the Department of Alcoholic Beverage Control at the above referenced location. The Department of Alcoholic Beverage Control has determined that the proposed 7 Eleven is located within Census Tract 0446.01. Pursuant to §23958.4 of the California Business and Professions Code, the Department determined that Census Tract 0446.01 is allowed 4 off-sale licenses and that 14 licenses currently exists within the tract. Therefore, in order for the proposed 7 Eleven to obtain an off sale beer and wine license, a critical element to its retailing strategy, the City of Palm Springs must make a finding that the proposed use would be a public convenience or necessity. OVERVIEW AND PROJECT DESCRIPTION 7 Eleven, Inc. proposes to lease 2,800 square feet of a fully remodeled retail building that previously operated as a restaurant just under 5000 square feet in size. This restaurant is currently closed and is in poor condition. This location previously operated with a liquor license and served wine, beer and spirits for on premises consumption. 7 Eleven's long term commitment to the project will enable this building to be upgraded to a retail facility that will include a 2,800-square-foot, 24-hour mini market(with beer and wine sales for off-site consumption)and a small 1200 square foot retail space. The high quality remodel will result in a new exterior of stucco and CNW and bright canopies as well as site enhancements including upgraded landscaping, lighting and parking lot. This project will create an attractive and active corner that will conveniently serve the surrounding hotel and business traffic as well as nearby neighborhood traffic. CLARIFICATION OF THE LEGAL STANDARD: "PUBLIC CONVENIENCE OR NECESSITY" First, it is important to emphasize that Business& Professions Code § 23958.4 requires a positive finding of public convenience"or"necessity in order for an off-site ABC application to be approved. Thus, it is legally sufficient if 7 Eleven shows either public convenience or public necessity. It is not legally necessary to show both. Second, it is only necessary to show public convenience or necessity where there is an "undue concentration"of licensees in the census tract. The term"undue concentration" (also referred to as"over concentration") is specifically defined in Business & Professions Code § 23 95 8.4 as simply a ratio of the number of licenses in a census tract compared to the average number of licenses in a County, as a whole. It does not mean that a particular census tract necessarily has too many licenses for the needs or convenience of residents in that tract. "Over concentration" also does not mean that the State, or anyone else, has previously looked at this census tract and determined that it has suffered any deleterious effects from the actual number of licenses existing; or that it will suffer if a new license is issued. It merely provides a guideline for making such a determination, in the form of determining whether, in a particular situation, the ABC license would serve the "public convenience or necessity." Thus, in this case,the fact that the census tract in which 7 Eleven's site is located is statutorily "over concentrated" does not mean that selling a small amount of beer and wine in an newly remodeled market will have adverse impacts. Rather, it simply means that the City of Palm Springs must find that either public convenience or public necessity will be served by the sale of beer and wine at the site. As demonstrated below, permitting the sale of beer and wine at this site will clearly satisfy this standard, and the City of Palm Springs should grant 7 Eleven's application. 1i Selling beer and wine at this location will benefit the community surrounding the site by providing a close, convenient, and safe place to make purchases. Concentration issues are a relatively minor factor for this commercial area that does not justify a negative finding of public convenience or necessity for this site. Moreover none of the surrounding area will be adversely affected. The convenience of 7 Eleven's Concept: 7 Eleven proposes to operate the site as a dery neighborhood market and convenience store. The larger and updated 7- Eleven store provides a wide selection of food and sundry items. In fact, 7 Eleven carries over 2500 different items. 7 Eleven's standard products includes hundreds of items from milk to magazines, cheeses to chips,prepared and fresh foods, baked goods, along with soft drinks and other non-alcoholic beverages. Although 7 Eleven sells more than 1 million cups of fresh brewed coffee and more than 2 million immediately consumable food items a day, 7 Eleven is much more than a food store. For example, 7 Eleven is the nation's leading retailer of USA Today and Sports Illustrated magazines and the leading provider of money orders. The 7 Eleven concept is intended to provide a broad array of products for the consumer's convenience. The sale of beer and wine is a critical element of this 7 Eleven concept. Although beer and wine is expected to comprise a very small percent of the site's shelf-space, and only a small portion of 7 Eleven's sales (between 10%and 15%), it is nevertheless necessary in order to provide the public a complete range of products in accordance with 7 Eleven's retailing strategy. Thus, beer and wine is a key component of this 7 Eleven store. By providing a whole host of basic products, including beer and wine,to the consumer at this 7 Eleven store,the public convenience of the area will certainly be served. Without it, the customer is required to make two or more trips (i.e., one to get food, and a second to get alcoholic beverages). Thus, a positive finding of public convenience or necessity is appropriate. The business community will benefit by enhancing an old building into a vital, convenient and safe location to purchase convenience items includingbeer and wine. The proposed 7 Eleven is located within a significant commercial area in the City of Palm Springs. The specific area has a concentration of hotels and other commercial sites. The current building sits vacant and is in poor condition. By developing a new convenience store, 7 Eleven will dramatically improve the appearance of the intersection and enhance the services offered to the immediate neighborhood in which it will be located, including the newly renovated Riviera Hotel across the street from the site. By adding a convenience oriented food store with a large selection of products,patrons will be able to complete most of their quick shopping needs without traveling to other areas of the community. Hotel patrons can even walk to the new store to complete their purchases. t 1 �. Enabling 7 Eleven to sell beer and wine at its store will allow the business people in the area, employees, hotel patrons and residents the convenience of making quick, easy purchases at a safe location without the time-consuming trip out of their neighborhood. Thus,the public convenience will certainly be served by permitting the sale of beer and wine at 7 Eleven's site. Furthermore, 7 Eleven wants to maximize the availability of a large diversity of food and sundry items at the site pursuant to its 7 Eleven concept as previously described. Permitting the sale of beer and wine at the site is necessary to 7 Eleven's concept, enabling customers to purchase a variety of products at one convenient stop. Providing customers all of these product offerings at one location results in significant"public convenience" . The commercial activi within the census tract Justifies additional alcoholic beverage retailers: The statutory threshold for over concentration established by the ABC, is determined using population from the 2000 Census tract. It is a limited measure. Because of that,the statute for over concentration should only be used as a guideline and not a decisive measure when considering approving additional licenses. It does not take into account specific zoning of an area, the commercial character of an area or a city's specific general plan designations. As a result,the ABC over concentration measure,taken in isolation, can tend to establish high over concentration thresholds for largely residential census tracts and low thresholds for densely commercial tracts. In addition, the fact that the Census Tract 0446.01, is geographically large as compared with other tracts, as shown on the attached map, can further impact the threshold levels in that convenience might be served in a large area with more licenses even though the population is the same. In addition,the population of the Census tract is based on the 2000 census only, and does not account for any increase in population within the tract over the past ten years or for temporary visitors that result from a highly visited tourist or convention center destination. If we were to use the census tract from the State office of Finance for example,the population has grown by more than 11% since 2000 (see chart attached). In addition, according to the City's official web page, Palm Springs enjoys more than 1 million hotel visitors per year and another 600,000 non-hotel accommodation visitors a year. This would clearly justify a greater concentration of licenses in commercial and hotel districts. The proposed 7 Eleven store will be located at the intersection of W. Vista Chino and Indian Canyon Drive. Given that this corner is surrounded by commercial activities including two hotels, a gas station and a restaurant, and that Indian Canyon Drive and Vista Chino are both main arterial streets within the City, it is appropriate to have a greater concentration of licenses in this particular location. A 7 Eleven in this heavily commercialized and trafficked area will serve the residences, employees and visitors of the Palms Springs area. In addition,the 7 Eleven at this location has the appropriate road infrastructure to make this an appropriate location for a convenience market. It provides convenience to the population that is traveling to work or to home, as well as provides an accessible,visible and safe location to shop to the employees in nearby commercial establishments and the hotel patrons that are prevalent in the area. 7 Eleven is a responsible retailer and the sale of beer and wine for off premises consumption at this establishment will not result in an adverse impact on public health safe or welfare: The development of the property with a 7 Eleven facility that sells beer and wine as part of a wide array of food and sundry items will not negatively impact public health, safety, or welfare. Presently,the site does not serve the public interest as a vacant building. It is not well lit and encourages graffiti and vagrancy. Attached is a letter of support from the Mojave River Academy which is located to the northwest of the site and separated by a wall. The school was fully in support of the proposed use including the sale of beer and wine and believes it to be a substantial enhancement over the current conditions of the property. By providing better lighting, improved access and by providing a convenient active location to make quick purchases,public health, safety, and welfare will be enhanced at this site. The addition of selling beer and wine will not change this. These items will account for only a small portion of the sales generated from the store and are not primary reasons for patrons to shop at the 7 Eleven although the convenience is greatly enhanced by making it part of their overall selection. The addition of an active, well lit and managed convenience store and market should reduce incidences of crime as opposed to a vacant and derelict building. The license being requested is for off premise consumption for beer and wine only; It represents only a small portion of the overall product offering of the store and it should not contribute to increase in crime or traffic problems. Moreover, the proposed location is located in a place where a previous on-premise license existed that served on premise alcohol. Beyond this, it should be noted that 7 Eleven has a very extensive training program for its employees to help ensure that it is a responsible retailer of alcoholic beverages. 7 Eleven's"Come of Age"program is a multi media, computer based training program to ensure that employees understand and implement the procedures imposed by 7 Eleven to comply with ABC laws and regulations. Moreover, the "Come of Age"program incorporates training on all age-restricted products, including tobacco, lottery, inhalants and alcohol. Indeed, 7 Eleven will likely be a more responsible retailer of beer and wine than any other retailer in the area. Furthermore, 7-Eleven's compliance program requires that the following standards be followed: 1. No illuminated(i.e. neon) alcohol advertising will be located in the windows or on the storefront. 2. No beer or wine will be sold from ice tubs. 3. Employees on duty who sell beer and wine shall comply with all requirements for selling beer and wine and be at least 21 years of age. 4. Alcoholic beverage sales shall be limited to beer and wine only with no distilled spirits sold. 5. No beer and wine will be displayed within five feet of the cash register or the front door, unless, it is in a permanently affixed cooler. 6. The sale and delivery of alcoholic beverages shall be made only to persons who are within the licensed premises, and not through a pass-out window or a slide out tray to the exterior of the premises. 7. No alcoholic beverages shall be sold to any person while such person is in a motor vehicle. 8. Any graffiti painted or marked upon the premises shall be removed or painted over within 120 hours of discovery thereof. 9. Litter shall be removed daily from the premises, including adjacent public sidewalks and all parking areas under the control of the licensee. 10. Subject to the City's specific sign ordinance, ensure no more than 33 percent of the square footage of the windows and clear doors of the premises shall hear advertising or signs of any sort, and all advertising and signage shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the premises, including the area in which the cash registers are maintained, from the exterior public sidewalk or entrance. In addition to responsible retailing, crime deterrence is a priority at 7-Eleven. Our focus is on the safety and awareness of store staff and to ensure a positive shopping experience for our customers. Some of the key elements of our safety and security program include: 1) Employee Training: a) "Operation Alert"is a multi-media training tool that includes a video,booklet and backroom posters that discuss crime deterrence and violence avoidance. b) "Come of Age" is a video program that emphasizes the appropriate techniques for selling age-restricted products. 2) Timed-Access Safes: a) 500-pound Timed-Access Cash Controller is utilized with one locked section available for employees to drop large bills and checks and a second section that dispenses change(coin or bills)only at predetermined time intervals. b) 7-Eleven employees are instructed to keep no more than $50 ($30 at night) in the cash register. c) Signs notify would-be robbers that less than$30 is kept in the cash register after dark and that the store staff cannot open the safe. 3) Point of Sale(POS)Register: a) A touch screen monitor and handheld scanning device provide assistance to the store staff by notifying when an age-restricted product has been offered for ptuchase. b) A transaction cannot be completed until identification has been presented and legal age has been verified. 4) The"Fishbowl"floor layout: a) 7-Eleven puts cash registers in the front of stores and keeps windows in front of the sales counter free of signs and merchandise. b) Subject to the City lighting ordinances, 7-Eleven uses a variety of lighting options including perimeter pole lights, apron lights, flood lights on side and rear of store, and extensive interior lighting to ensure a bright exterior and inviting interior shopping environment. 5) Video camera and Alarm System a) Subject to City code requirements, Video includes a 24-hour, closed circuit video camera with audio capabilities, a high-resolution.color monitor mounted in clear view of the customer and a black and white monitor in the back room. b) The alarm system includes both fixed(under counter) and remote (handheld) activator devices whose signal is monitored by an independent security company and silent alamns are automatically routed to the local law enforcement authority. 7 Eleven realizes that a healthy community translates to healthy business, and is willing to accept the ABC's imposition of these conditions when a license is issued in order to ensure that the public health, safety, and welfare are protected. In short, 7 Eleven is. committed to protecting the public health, safety, and welfare of the community, and will take appropriate steps to do so. The sale of beer and wine on the site will not threaten these important concerns. Community Service and Investment 7 Eleven is committed to improving the communities in which they operate. This location will support the City of Palm Springs in several ways. Sales tax, increased property taxes and revenues from the initial construction of this project, including all applicable city permits and fees, will filter into the city benefiting the city in both the short term and long term. The project will dramatically enhance that specific corner of the City of Palm Springs with architectural enhancements that are in character with the City's guidelines. The investment in the building and grounds will preserve the character and quality of this commercial intersection while increasing public safety through lighting and having an active business at the site. 7-Eleven believes in being a part of the neighborhoods in which its stores operate.To demonstrate this commitment,7-Eleven devotes the majority of its charitable contributions to 501©(3)tax- exempt organizations that support specific projects,programs or events in areas where its stores are located.The company's corporate-giving program focuses on three specific areas:education, multi-cultural understanding and community challenges. Education 7-Eleven is a strong supporter of reading and literacy.Through the company's national People Who Read Achieve literacy program,7-Eleven hopes to increase public awareness of literacy issues and provide funding for local programs that teach people to read. During the last decade, 7-Eleven stores have awarded approximately$3 million to schools,libraries,community centers, churches,day-care facilities and other grassroots organizations through People Who Read Achieve. Multi-Culftral Understmding 7-Eleven supports a variety of organizations that promote or educate others on multicultural diversity.The company also backs numerous programs,such as NAACP Voter Registration Drives,that serves ethnic and urban constituents. Community Chfingzs Individual 7-Eleven franchisees,store managers and the management team on a local basis identify this area of corporate giving.It can range from support for a neighborhood school to contributions to the city library to sponsorship of a Little League team.Other efforts are aimed at crime prevention and support of law enforcement. In addition to these community initiatives, 7-Eleven has developed a food donation program known as Harvest that provides unsold fresh-food items to designated food banks.At the end of the day,unsold fresh-food products are returned to the stores'Centralized Distribution Center where they are picked up by local food banks for delivery to those in need.Even though this food is no longer sold at 7-Eleven,it is still nutritious and high quality.Currently,7-Eleven donates to 21 food banks nationwide and has been recognized by the Department of Agriculture as one of the largest fresh food donors in the United States. CONCLUSION As indicated above, this site will clearly serve the public convenience of residents, visitors, shoppers, and workers of Palm Springs. The development of the property as a New 7 Eleven will not adversely affect any portion of the surrounding area but rather enhance it though quality architecture, lighting, security monitoring and site management. 7 Eleven has been a responsible retailer of alcoholic beverages nationwide. Permitting the sale of beer and wine at the site enhances 7 Eleven's convenience grocery concept at this site,providing customers the added convenience to make quick, efficient, and safe purchases of beer and wine along with their other convenience good purchases. The site previously operated with a liquor license at the restaurant. A positive finding of Public Convenience or Necessity is appropriate. Should you have any questions or concerns regarding the proposed 7 Eleven we would be happy to meet with you at your convenience. In addition, 7 Eleven is excited about opening this new store and looks forward to serving the citizens of Palm Springs. Thank you for your consideration in this matter. Sincere I icy mne Cadence Capital Investments On Behalf of 7 Eleven TO SCHOOL 4in .w IL pff z �E _tea CsAv E� i= N i ` e s R6� { CADENCE CAPITAL INVESTMENTS ARIAL PHOTOGRAPH 150 EAST VISTA CHINO Seale: N.T.S. Job Number. 75-1D414-01 , Date: 10-27-10 PALM SPRINGS.CA 92262 490 S.Farrell Ddve,Suite C-203,Patin Springs.CA 92262-79441 760.320.1709 y O�wmr aer rlpysn�rs,on+-egaoW+�,onras C- ,.r' i �Jll e 1 If l�fi\\\ems�=1►t�:1r �s �i� 11111._ �Il€III NNISHMEI1111 'm ► '11 I=r��=l1l�I'iNl an m j - on III MIDI .. • . l :li�i I ii�G���C�! ��I�+� � II �► Inn«�r,�,�.� � Ito • as 1 Table 2:E4 Population Estimates for Cities,Counties and State,2001-2009 with 2000 Benchmark COUNTYICITY 4/112000 111/2001 1/112002 1/112003 111/2004 111/2005 11112006 1/112007 1/112008 11112009 Plumas County Portola 2,227 2,211 2,189 2,170 2,173 21156 2,116 2,089 2,039 21016 Balance Of County 18,597 18,555 18,646 18,723 18,809 18,944 18,987 18,883 18,747 18,616 Incorporated 2,227 2,211 2,189 2,170 2,173 2,156 2,116 2,089 2,039 2,016 County Total 20,824 20,766 20,835 20,893 20,982 21,100 21,103 20,972 20,786 20,632 Riverside County Banning 23,562 23,958 24,586 25,606 27,549 27,996 28,185 28,174 28,148 28,457 Beaumont 11,384 11,555 12,269 13,941 16,593 19,051 23,238 28,209 31,317 32,403 Blythe 20,465 20,831 21,292 21,362 22,168 22,052 22,234 22,608 21,627 21,329 Calimesa 7,139 7,238 7,339 7,447 7,490 7,491 7,475 71435 7,423 7,498 Canyon Lake 9,952 10,158 10,401 10,634 10,822 10,950 10,983 10,955 10,994 11,128 Cathedral City 42,647 44,085 45,659 47,841 49,338 50,819 51,294 52,045 51,972 52,447 Coachella 22,724 23,356 24,412 27,086 28,082 30,879 35,354 38,437 40,317 41,000 Corona 124,966 129,720 134,683 138,604 143,939 144,600 145,265 145,847 146,698 148,597 Desert Hot Springs 16,582 16,771 16,976 17,380 19,329 20,820 23,459 24,856 25,939 26,552 Hemet 58,812 60,570 62,388 63,566 65,552 67,565 70,728 72,537 73,205 74,361 Indian Welts 3,816 41147 4,371 41446 4,501 4,796 4,885 4,934 5,000 5,093 Indio 49,116 50,435 52,463 55,078 60,035 66,358 71,949 77,046 80,962 82,230 Lake Elsinore 28,930 30,027 31,223 33,421 35,904 38,185 41,156 47,568 49,556 50,267 La Quinta 23,694 26,081 28,869 30,808 33,026 36,278 38,500 41,039 42,743 43,778 Menifee 0 0 0 0 0 0 0 0 0 67,705 Moreno Valtey 142,379 144.316 147,216 151,674 157,496 165.935 175,294 180,228 182,945 186.301 Murrieta 44,282 46,437 51,905 68,391 78,783 85,328 93,221 97,031 99,576 100,714 Norco 24,157 24,485 25,007 25,485 25,810 26,783 27,355 27,329 27,143 27,160 Palm Desert 41,155 42,074 43,092 44,427 45,503 49,490 49,774 49,717 50,686 51,509 Palm Springs 42,805 43,396 43,944 44,502 44,935 45,877 46,629 46,796 47,019 47,601 Perris 36,189 36.905 37,710 38,645 41,951 44,758 47,335 50,597 53,340 54,323 Rancho Mirage 13,249 13,841 14,420 15,135 15,752 16,476 16,740 16,923 16,975 17,180 Riverside 255,166 262.159 270,781 277,150 281,173 286,563 288.984 291,812 296,191 300.430 San Jacinto 23,779 24,612 25,424 26,343 27,134 28,540 31,194 34,297 35,491 36,477 Temecula 57.716 61,766 73,086 75,873 78,640 81,681 93,673 97,141 99,873 102.604 Wildomar 0 0 0 0 0 0 0 0 0 31,321 rsa Fa, d iAW16 ;a M, f; W �y z y;.ti ti --- -- - - - - -—-—-—-—-—-—-- - ---------- -- -- ! SOUTH ELEVATION:EAST VISTA CHINO ROAD e ''Sie'=''-0' EAST ELEVATION I SITE SECTION:INDIAN CANYON DRIVE MATERIAL 1 COLOR LEGEND N L PLAN KEYNOTE LEGEND WEST ELEVATION (D (D I ® o —_- E AST VISTA CHINO ROAD SITE PLAN FaRn=111 r% NORTH ELEVATION ■ V =„a RETAIL I MARKET BUILDING CADENCE CAPITAL INVESTMENTS LLC 'b"�"s'41L00 �DLR QWp Daec 11aHca�errnalve,sL310)3 ErII s G urFliePm 112Af0 a90 s.Fartel Drk.sDlle C-M. WWCOT T3 $I&013 FAY(910]34H4N3 PLANNING SERVICES P*.sp uw.CA 9=-T I M.M.17w .. OEPARTMENT I LEGAL DESCRIPTION a a f zone awa:s2uots•� t � PROJECT ADDRESS i9]EAST V6FA dV1110 fEIP—JNGLOF PALM SPPoNGS CA 922fi2 / / ♦- t SITE CALCULATIONS - I Z E%IS]ING al16➢ING APER �,9D0 SF. f amlo,W O NEW BUI➢e1NGMEA 3,950SF. 21.2% i2 TOTAL L OEAf LANC6Y,APE 3,25a SF. 3% rLr n�xvi } O'iPFiEA 3]4700 SF. .�-43ACPoS Nl a�nc*o a'm�i®® [ Z I g Q PARKING PROVIDED — - U EXISTING HC --ES— 5PAG N. c s S iQFALEJaSFlNGSTALLS E5 Rlww,ee I Z NOTE: I -- z:: K TlEE?TSFHG SITE IS Cp.IPLETELY�IPROYEOIYI SLOPE �';I �! ���� � Sl1BSTNl144iY LE55 THAN SY.(SEE EXISFWOPHOFOSt ! o=e1 PLAN KEYNOTE LEGEND � 0 � I o o oP E A S T V I S T A C H I N O R 0 A © --4------------------------------------------------ SITE PLAN 1 ROOF PLAN : RETAIL 1 MA Al 1110 DLR Croup CADENCE CAPITAL INVESTMENTS LLC Scale: r=vs=ram k6Numbt.:7s,B- WWCOT 175 N.CRESENT DRIVE,SUITE 4•BEVERLY HILLS,CA 9021✓) P901-01-10 r,sre.e�~ ra TEL(650)3B7-90Z3 FAX(310)3B5.0243 490 S.F-11 Dave,SLite C-2t13,Palm Springs,CA 92252-7944I760.32E1.11 7[IB �} PLANNING SERVICES uts+rarAFMTMENT rtcv5 ka-1c oMY ��' no,4, r [iAt• ;T in bftlt. 5�5 W/KAO [ 4i_WS hi41da LANDSCArE NM i6 15: 1d 12 1 9;.. -8 : i_ 9 7+oio AL988ANDFK)OLNM e PAW DBIM CA 92M CL IL © J � O -- Q F co U r U - QQ U h7fw �xt w7 Fsuxrt�+ A IL Q 2ti 0 U ft 2 si•ffr[3 Boca■ 12- - JOB CAFTAN FP hu OVA DFLAWP* RP UNE 145.0` PFKIJ NO- RKM3 DATE- WW" tEy CXtd!. SIDE sr�cusx a vr-r�S Vi e'-r-0' ---- CFL6PF#C SCALE s r4d lff/L& �o VISTA CHINO DRIVE :�_ ------ RLRNL.... .. ____ �CEIVE� == - = - L-5.00 �r•�R�••►rrr�.w•�nR�R.Rswar+wt rwwarr.�ru•a.�r�••rs•ae�ra •a i L J PLANNING SERVICES „ 3► DEPARTMENT LAW OFFICES OF SOLOMON, SALTSMAN & JAMIESON A Partnership Including Professional Corporations 426 CULVER BOULEVARD PLAYA DEL REY,CA 90293 (310)822-9848 FAX(310)822-3512 November 23,2010 via e-mail and U.S.Mail: David H.Ready,Esq.,Ph.D. City Manager City of Palm Springs 3200 E.Tahquitz Canyon Way Palm Springs, CA 92262 Re: Case Number: 5.1247-PCN(Request for Reconsideration of a Letter of Public Convenience or Necessity-Premises Address: 150 West Vista Chino Road (APN 504-320-016) Dear Dr.Ready: The undersigned is legal counsel to,and an authorized representative of,the Applicant in this matter. Please consider this letter a formal request to have Case 5.1247-PCN, an application by 7- Eleven,Inc. for a Resolution of Public Convenience or Necessity(LPCN);per Business & Professions Code Section 23958.4,to sell beer and wine for off premises consumption at 150 West Vista Chino Road(APN 504-320-016),placed on the City Council agenda for further or re- consideration at its meeting of December 1.5,2010. This would enable the Planning Commission to first fully consider all pertinent land use factors and issues relative to this proposed market selling sundries,food,and beverages,including a limited amount of beer and wine, at the currently scheduled public hearing for a Conditional Use Permit(CUP) on December 8,2010 before the City Council addresses the more limited issue of whether or not beer and.wine sales at this location will serve Public Convenience or Necessity. Allowing a decision to first be made by the Planning Commission on the broad issues related to the CUP should be helpful to more appropriately frame, for the City Council,the issues relevant to that body's issuance of an LPCN. This process was originally scheduled to take place in this order,the Planning Commission determining CUP then the City Council determining LPCN,but for various reasons the proverbial cart was placed before the horse in this instance thereby causing some confusion on what decision needed to be made and when and pursuant to what factors. It is respectfully submitted,therefore,that placing the issue of LPCN back on the City Council agenda for December 15,2010, and thus following the December 8,2010 Planning Commission hearing on CUP is therefore appropriate at this time. As indicated above,the applicant's primary concern is that the LPCN hearing was held prior to the Ltr. to David Ready November 23,,2010 Page 2 CUP hearing. Unfortunately,the City was unable to mail the legal notices in time for the CUP hearing to take place on the originally scheduled date of November 10, 2010. This inability to give legally adequate notice for that CUP hearing of November 10, 2010,combined with the applicant's contractual obligation to complete its acquisition of this property by year-end,necessitated the Applicant's acceptance of Staff s offer to proceed with the LPCN hearing on November 17 even though the CUP hearing had not yet taken place. The Applicant agreed to this process with the expectation that the City Council would nevertheless be fully informed as to the reason behind this unorthodox order of proceedings, and that Staff would set forth clearly in its Staff Report for the LPCN request the full nature of the project,operational characteristics, and that the CUP had City Staff s full support. That explanation,however, did not occur and the lack of this necessary information for the City Council's review thus caused confusion which resulted in inaccurate inferences being drawn about this project. These facts and circumstances that the Council was not able to adequately consider include a letter of strong support from the adjacent school(Mojave River Academy),the breadth of architectural improvements to the existing dilapidated building,the fact that the renovated building will ultimately include another tenant,the knowledge that a liquor license previously existed at this address under the prior user,and the true distance from the nearest 7-Eleven(2493 North Palm Canyon Drive,more than%x mile away). These facts, combined with the Planning Services Director's response to Council member Hutcheson's question as to why the CUP hearing had not yet occurred("some timing issues and because staff thought due to the controversial nature of the use,the LPCN should go to city council before the CUP", a position that was never related to the applicant),combined to create an environment that led to the 3-1 vote to deny the LPCN request. Unfortunately,the fact that the CUP hearing(and the requisite conditions of approval that would be imposed on this project)had not occurred prior to Council's consideration of the finding of Public Convenience or Necessity resulted in the untenable situation where the Council was asked to make a decision without full knowledge of all facts and pertinent circumstances thus resulting in a decision based on incomplete information. Placing this matter on the December 15,2010 City Council agenda will allow the Council to,as it must,consider all relevant facts and circumstances before making a decision as to whether or not to issue an LPCN. Thank you for your consideration of this request. Very truly yours, SOLOMON, SALTSMAN&JAMIESON STEP ALLEN JAMIESON Cc: Peter Whittingham(Via email) Clients (Via email) SubmPtted to P►ann►ng Comm►SMIOn DEC 8 2010 December 8, 2010 Case 0 Mr, Jon Caffery, Chairman City of Palm Springs Planning Commission 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 Dear Mr. Caffery: As a Palm Springs resident and businessman and as the owner of multiple properties in the city, including the site located at 1776 Palm Canyon Drive (currently home to Mojave River Academy), I am writing to convey my support of Case 5.1247, a Conditional Use Permit to allow the proposed development of a retail building that will include a new 7-Eleven neighborhood market at 150 West Vista Chino Road. The prior use at this location, the Uptown Grill restaurant, has been closed for more than three years and since then the property and the building has become dilapidated and blighted. I have seen the elevations and architectural renderings for the proposed 7-Eleven at this site and they are unlike any I have ever seen for this type of use. I am fully convinced that when complete, this property will be an asset in many ways to not only my property, but also the surrounding properties and nearby residential communities. The 24-hour operation of the site, with the accompanying exterior lighting and state of the art security system I understand will be part of this 7-Eleven, will enhance the safety of residents and guests of the nearby hotels, including the Riviera. A neighborhood market, owned and operated by a corporate entity with the international brand strength of 7-Eleven, is in my opinion far superior to any other potential use for this site, such as another restaurant or other retail/commercial operation. In closing, I appreciate your consideration of this letter and of the application by Cadence Capital and encourage your Commission's unanimous support. Thank you for your time and best regards. Sincerely, Doug Jones ,.�l, Ken Lyon From: j mecham Omecham@mojaveriver.net] Sent: Wednesday, December 08, 2010 10:12 AM To: Ken Lyon Subject: MRA Letter We would like to rescind our letter at this time in regards to the project at the location of the Uptown Grill. The building owner will provide any further information necessary. Thank you for your attention to this matter. Jared Mecharn Mojave River Academy Palm Springs Center 760-524-1130 i�io inn i n 1776 N Palm Canyon Drive • Phone 760.524.1130 • Fax 760.327.9780 • nlewis@mojaveriver.net • www.mojaveriver.net ' Palm Springs November 20, 2010 Dear Ken Lyons: We at Mojave River Academy, DO NOT support a 7-11 or 24 hour convenience in the location where the Uptown Grill used to be. The letter that was previously written was in support of a Trader Joe's or Fresh and Easy upscale market/grocery store. At no time were we informed that a convenience store or liquor store would be residing in this location, and we do not support such a plan by any means. It has come to our attention that the parties involved have used our letter to lend our support to their new idea of this convenience store; please disregard any other letters presented by these third parties on this issue. Our stance is that we do not support the idea of another 24 hour convenience store or liquor store anywhere near our facility. We are an academic academy first and foremost. Should our attendance be required at any meeting in this regard or should we need to be contacted please feel free to do so at (503)459-3968.This is my personal cell phone,and I will discuss the issue with anyone who needs to hear from Mojave River Academy first hand. Thank you for your attention to this matter. Sincerely, Jared Mecham Mojave River Academy, Palm Springs J 1776 N Palm C arbvon Dtiv, e Pltt ie:760,524,11:10 760 327.97S.0 N .:..:•' • 11.E^n"li,•'n1QrAl it S'fCii4d e yt'{v�h".Il'.Crj 7ti'E`71h'C Y.[ll'L May 10, 2010 City of Palen Springs 3200 fast Tahquitz Canyon Way Palm Springs,CA 92262 c/o Palm Springs City Council c/o Palm Springs Planning Commission Steve Pougnet, Mayor Leo Cohen, Chair Rick Hutcheson, Mayor pro tern Jon Caffery,dice Chair Ginny Foat, Councilmember Hill Scott Chris Mills, Councilmember Tracy Conrad Lee Weigel, Councilmember Doug Donenfeld Doug Hudson Leslie Munger Dear Council Members and Commissioners, I am writing this fetter in support:of the development project proposed by Cadence Capital Investments, LLC at the site of the former Uptown gill Restaurant(150 W Vista Chino; Riverside County P2rcel Number 504.320-016). 1 am the Administrator of Mojave River Academy located at 1.776 N Palm Canyon Dr, Palm Springs, CA 92262, Mojave River Acaderny is a Public Charter School serving grades K-12. I feel strongly that the community would benefit from the redevelopment of what is an underutilized property and is an unrepresentatively tattered gateway to the City of Palm Springs. I am in support of the proposed zone change from Residential to Commercial, Furthermore, I am in support of the proposed use of a small-format, neighborhood grocery store,serving both pre-packaged and fresh foods,and selling Freer/wine for offsite consumption in a limited fashion. Thank you for your consideration. We look forward to the proposed redevelopment. Sincerely, Mr, Mecham Mojave River Academy jrrrec:harry@nlojaveriver.riet (760)524-1130 ECEIVEC DEC o 7 loin 11-29-2010 Dear Mr.Ken Lyon PLA DEPARTMENT ES We are writing this letter in protest of the development proposed by Cadence Capital Investment to open a 7 Eleven at 150 W.Vista Chino Dr.Pahn Springs.The surrounding area is already saturated by more than 14 businesses that have either liquor licenses or operate as a convenience stores.A few are listed below: • Julian Market • 7 Eleven at Racquet Club • N.Palm Canyon Shell • Larry's Spirit and Wine • Las Palmas Liquor • Palm Springs Gas + Garric Cellar + And many many more... Is this use not saturated enough in this area? We strongly feel that our community does not need any more convenient stores or beer and wine retailers. We are the owners of Las Palmas Liquor,across the street from the new proposed 7 Eleven and will be one of many business owners who will be hurt very much from this new business.The City of Palm Springs has always supported and protected existing businesses in town and small business owners and therefore we are confident that the city will continue to do so.Approval of this development will only further saturate an already oversaturated area.In these tough economic times,further saturation and competition will only devastate our business and those around us. Therefore,we are strongly opposed to development of this new 7 Eleven. Thank you for your attention to this matter. Sincerely, George Zakkour Mike Zakkour Owners of Las Palmas liquors (760)408-9099 P S . +��e�.r� v�v L y n c��X t`h i t �e { �� �-p tk C .y V'V\ 3 J VAL S p�. Cl k +r Planninq Commission Staff Re ort IoFo. � Date: December 8, 2010 Case No.: 5.1247 CUP Conditional Use Permit /Architectural Approval Type: Conditional Use Permit Location: 150 West Vista Chino Road APN: 504-320-016-7 Applicant: Cadence Development General Plan: Tourist Resort Commercial Zone: C-1 (Retail Business) / R-3 (multi family -' hotel zone) / Resort Combining Zone Overlay From: Craig A. Ewing, AICP, Director of Planning Planner: Ken Lyon, Associate Planner PROJECT DESCRIPTION: The applicant, Cadence Development, has submitted an application for a Conditional Use Permit (CUP) seeking approval of a 24-hour convenience store use within a portion of the existing building at 150 West Vista Chino Road. The project includes renovation of the exterior of the existing building, removal of approximately 1,000 square feet of the existing building, new and existing landscaping and existing off-street parking on an approximately 18,700 square foot (0.43 acre) lot. On November 17, 2010, the City Council denied a request for a resolution of Public Convenience or Necessity (PCN) for a Type 20 alcohol license for sale of beer and wine at this site. Thus, unless further review by the Council is granted on the PCN request, the proposed convenience store would not offer sale of beer and wine at this time. RECOMMENDATION: That the Planning Commission approves Case 5.1247 CUP, subject to the conditions of approval attached as Exhibit A. 2— Planning Commission Staff Report December 8, 2010 Case 5.1247 CUP 150 W. Vista Chino Road Page 2 of 9 PRIOR ACTIONS: On September 20, 2010, the Architectural Advisory Committee (AAC) reviewed the project and voted 6-0-1 (Parker recused) to recommend approval of the project with an increase in the landscape planter on the south end of the Indian Canyon Drive curb cut and driveway to reduce the overall width of this driveway and curb cut for aesthetic reasons. (Subject to review and approval by City Engineering and the Fire Department). On November 17, 2010, the City Council voted 3-1-1 (Hutcheson opposed, Mills recused) to deny a request by 7-Eleven Inc. for a resolution of Public Convenience or Necessity (PCN) for a Type 20 off-sale beer and wine alcohol license at 150 West Vista Chino Road. The applicant has approached the City Manager seeking a second review of their PCN request with the City Council. If granted, the Council may elect to take up the question of the PCN request, however as presented today, the proposed convenience store would not offer sale of alcoholic beverages. BACKGROUND AND SETTING: The site is located in an area of Palm Springs developed primarily with tourist serving commercial, restaurant and hotel uses. The parcel is essentially flat and fully developed with an existing building, landscaping and off-street parking. The facility previously was used as a restaurant. The surrounding Land Uses are noted in the table below: Table 1: General Plan, Zone and Surrounding Land Uses General Plan Zone Land Use North Tourist Resort Commercial C-1 / R-3 School (Mojave River School) South Mixed Use R-3 Restaurant Rick's Desert Grill) East Tourist Resort Commercial R-3 Hotel Resort (The Riviera) West Tourist Resort Commercial C-1 Gas Station (Shell) The following aerial photo shows the site and surrounding existing uses and development. 3 Planning Commission Staff Report December 8, 2010 Case 5.1247 CUP 150 W. Vista Chino Road Page 3 of 9 t AERIAL PHOTO SHOWING PROJECT$ITE AND SURROUNDING USES PROJECT DESCRIPTION: The project proposes a 24 hour convenience store use in a renovated existing facility at 150 West Vista Chino Road, at the northwest corner of Vista Chino Road and North Indian Canyon Drive. The existing facility previously contained restaurant uses (formerly known as the Uptown Grill). Site Design: . The site is fully developed from a previous restaurant use with a building, landscaping and 24 off-street parking spaces. There are curb cuts on both North Indian Canyon Drive and Vista Chino. These two streets are major thoroughfares on the City's General Plan Circulation Map. The applicant desires to retain existing curb cuts and vehicular access from both Vista Chino and Indian Canyon Drive. (Vista Chino Road is also California Highway 111.) The proposed landscape plan incorporates both existing and new landscape material. There is an existing three feet high perimeter masonry wall that screens the parking from the adjacent streets. There is also an enclosed trash area that is to remain. A small outdoor patio area is proposed on the north side of the renovated building. Architecture: The existing building, which totals roughly 5,000 square feet would be reconfigured into two tenant spaces. A portion of the existing building, totaling roughly 1,000 square feet would be removed, leaving a total building footprint of approximately 3,950 square feet. The convenience store use would occupy approximately 2,800 square feet and the general retail uses would occupy the remaining 1,150 square feet. The second floor of the building would be closed off and abandoned in place with no uses proposed for that area of the building. 34 Planning.Commission Staff Report December 8, 2010 Case 5.1247 CUP 150 W. Vista Chino Road Page 4 of 9 The exterior of the existing building is proposed to be renovated and re-clad using stucco and simple geometric forms. A neutral color scheme with bold red accent colors is proposed. A new horizontal stucco shade element is proposed on a portion of the Vista Chino elevation that wraps around the east side of the building to demarcate the entrance to the convenience store. The primary entrance for the retail space is proposed on the west end of the south elevation. Details of the property development standards for the proposed project in relation to the requirements of the C-1/R-3 zone are shown in Table 2. Table 2: Development Standards Minimums, unless otherwise stated) C-1 / R-3 Proposed Project Lot Area 20,000 square feet 18,700 (legal non conforming) Lot Width 100 118 conforms Lot Depth 150 158 (conforms Yards & Setbacks 5 feet along the street 0 does not conform; see notes Building Height 30 feet maximum 27 feet (conforms) max. Building Coverage 2,000 sf minimum 3,950 conforms Off-Street Parking 1:200 sf convenience 24 provided (conforms) store uses; 1:300 sf retail uses = 18 re uired Note: City databases show the existing building was constructed in 1968 with permits, therefore although the current setback does not conform; the building is considered legal non-conforming. ANALYSIS: General Plan: The General Plan Designation of the subject site is Tourist Resort Commercial. This land use designation encourages development of retail, commercial, hotel and resort uses that support the tourism industry of Palm Springs. The proposed use as a convenience store is consistent with this General Plan designation because it is a use that provides a variety of goods and products used by visitors to the city and the nearby resorts and hotels. Zoning Designation: The proposed site is zoned C-1 / R-3. This "split-zoning" occurs frequently on parcels located between Palm Canyon Drive and Indian Canyon Drive. The C-1 zone is established on the Palm Canyon Drive frontage and the R-3 zone is established on the Indian Canyon Drive frontage. The subject lot is approximately 153 feet in depth and roughly the western two-thirds of the parcel is in the C-1 zone (where the existing building is located) and the remainder of the site is R-3 (the eastern third, where most of the existing parking lot is located). Planning Commission Staff Report December 8, 2010 Case 5.1247 CUP 150 W. Vista Chino Road Page 5 of 9 Pursuant to the City of Palm Springs Zoning Code (PSZC), Section 92.12.01 Convenience Store uses are permitted in the C-1 zone subject to approval of a CUP. Off-Street Parking: The proposed uses require 18 off-street parking spaces and 24 spaces are existing, thus the number of spaces is adequate for the proposed uses. There are some aspects of the design of the existing parking that will need minor improvement to conform to the design standards for off-street parking, such as the required two-foot sidewalk at end spaces. Staff will identify these in the Conditions of Approval as well as the driveway revisions requested by the AAC. Development Standards: Table 2 above shows the development standards for the C-1 zone. The project is generally consistent with the development standards. Certain conditions, such as the lot size and building setback from the street are legal non-conforming. Staff notes that at the time of subdivision to create the lot, the lot conditions were conforming. Subsequent widening of the roadway right-of-way for Vista Chino created the reduced setback. No change or correction of these conditions is required as part of the subject application. Redevelopment Area. The project is located in Redevelopment Area One. Redevelopment of this parcel with viable new uses will provide the RDA with incremental tax funding in the future based on the increased valuation of the property. The Resort Combinin zone: The project is located within the Resort-Combining overlay zone. Section 92.25.00 of the Zoning Code states that: "The "R" resort overlay zone is intended primarily to provide for accommodations and services for... visitors while guarding against the intrusion of competing land uses. Uses shall be as provided in the underlying zone with which the "R" zone is combined,... Such permit is subject to the planning commission making findings that the proposed use is compatible with its surroundings and that the site in question is not appropriate for other uses allowed by right within the underlying zone." For non-residential uses, there are no specific findings that are required in association with the Resort Combining Overlay zone. Since convenience store uses are permissible in the underlying C-1 zone with a CUP, the proposed use is deemed consistent with the R overlay. REQUIRED FINDINGS: Convenience Store uses may be approved in the C-1 zone subject to the findings set forth in Section 94.02.00 "Conditional Use Permit' as follows. Review of commercial projects in which alteration of existing structures is proposed must be evaluated against the Architectural Review Guidelines of Section 94.04 ("Architectural Review") That review is also evaluated below. Planning Commission Staff Report December 8, 2010 Case 5.1247 CUP 150 W. Vista Chino Road Page 6 of 9 Findings for the CUP for the proposed convenience store use: The commission shall not approve or recommend approval of a conditional use permit unless it finds as follows: a. 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 application proposes a convenience store use on a parcel zoned C-1/R-3. Pursuant to PSZC Section 92.12.01(D)(7), convenience stores are permissible in the C- 1 zone subject to a conditional use permit (CUP). b. That the use is necessary or desirable for the development of the community, 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; The applicant is proposing a 24-hour convenience store at 150 West Vista Chino Road. The site is immediately adjacent to a large resort hotel (The Riviera) and other smaller hotels. It is also adjacent to residential areas containing both single family and multi family development and a K-12 charter school. It is located on two major thoroughfares (North Indian Canyon Drive and Vista Chino Road). Indian Canyon Drive is a major route for tourists, visitors and residents entering the City from Interstate 10 to the north. The proposed convenience store would be a desirable use at this site because it would provide access to food and other sundries commonly used by hotel guests and local residents. c. 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 site on which the proposed convenience store is located is roughly 18,700 gross square feet (0.43 acres). The site is fully developed with a building and twenty-four (24) off-street parking spaces. The proposed uses require eighteen spaces and therefore adequate parking is provided. The existing development on the site generally conforms to the development standards of the zone; however minimum lot size and building set back from Vista Chino Road are considered "legal non-conforming conditions". The site is provided with perimeter screening walls and landscaping at the existing off-street parking lot pursuant to the City's Zoning Code. d. 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; Planning Commission Staff Report December 8, 2010 Case 5.1247 CUP 150 W. Vista Chino Road Page 7 of 9 The site has direct access to North Indian Canyon Drive and Vista Chino Road, both major thoroughfares on the City's General Plan Circulation Map. Traffic studies were conducted for the proposed uses and it was determined that the project does not cause any adverse impacts on traffic patterns in the vicinity. The project therefore conforms to this finding e. 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. A proposed set of Conditions of Approval accompany this staff report in Exhibit A. Architectural Review: The Zoning Code requires that alterations to existing commercial structures must be reviewed subject to Zoning Code Section 94.04.00(D)(1-9) "Architectural Review". The review of such projects is required "to determine that the proposal will provide a desirable environment for its occupants as well as being compatible with the character of adjacent and surrounding developments, and whether aesthetically it is of good composition, materials, textures and color". Conformance is evaluated, based on consideration of the following: 1. Site layout, orientation, location of structures and relationship to one another and to open spaces and topography. Definition of pedestrian and vehicular areas; i.e., sidewalks as distinct from parking areas; The project is proposed on a site that was previously fully developed for commercial uses (a restaurant). The project proposes to remove approximately 1,000 square feet of the existing building and retains more than the minimum required off-street parking spaces for the proposed uses. The site provides separation of pedestrian areas from vehicular areas and appropriate paths of travel for full accessibility. It also provides landscape areas, perimeter walls to screen the parking area from adjacent areas and adequate accommodation of trash and utility enclosures. The project conforms to this statement. 2. Harmonious relationship with existing and proposed adjoining developments and in the context of the immediate neighborhood community, avoiding both excessive variety and monotonous repetition, but allowing similarity of style, if warranted; The project is surrounded by other existing commercial, retail, school and hotel uses. It is a fully developed urbanized area of the City. The renovation of the exterior of the existing building proposes a simple, contemporary architectural style that is complementary to the surrounding developments. Staff believes the project conforms to this statement. 3. Maximum height, area, setbacks and overall mass, as well as parts r, a., u Planning Commission Staff Report December 8, 2010 Case 5.1247 CUP 150 W. Vista Chino Road Page 8 of 9 of any structure (buildings, walls, screens towers or signs) and effective concealment of all mechanical equipment; The project proposes to reuse and renovate an existing commercial structure and off- street parking lot. The overall massing and volume of the existing building will be reduced by roughly 1,000 square feet of floor area, thereby reducing the overall density of physical development on the site. Existing and future mechanical units will be properly screened from view and no additional increase in height is proposed for the existing building. Therefore staff has concluded the project conforms to this statement. 4. Building design, materials and colors to be sympathetic with desert surroundings; AND 5. Harmony of materials, colors and composition of those elements of a structure, including overhangs, roofs, and substructures which are visible simultaneously, AND 6. Consistency of composition and treatment, The project proposes to renovate the existing building using a simple, contemporary architectural aesthetic. The materials and colors are muted tones of grey and off white with an accent of red at the canopy structure. The project was reviewed by the Architectural Advisory Committee which, by a vote of 6-0-1 recommended it for approval by the Planning Commission with the addition of a reduction in width of the Indian Canyon Drive entry to the parking lot and the addition of more landscaping at the south end of that entry. Staff has concluded the project is sympathetic with its surroundings, and offers a good visual composition and architectural treatment. . 7. Location and type of planting, with regard for desert climate conditions. Preservation of specimen and landmark trees upon a site, with proper irrigation to insure maintenance of all plant materials,- The project proposes to reuse most of the existing healthy landscape material and where necessary, adds drought-tolerant plant species deemed appropriate to the desert environment. There are no landmark or specimen plants or trees on the site. The project is therefore deemed in conformance with this statement. ENVIRONMENTAL DETERMINATION: Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the project is categorically exempt per Section15303 "Conversion of Small Structures". CONCLUSION: The project was recommended for approval by the Architectural Advisory Committee. It conforms to the findings of Zoning Code Section 94,02.00 (Conditional Use Permit) for a convenience store in the C-1 zone. It is in conformance with the criteria for development set forth in Section 94.04.00(D)(9) "Architectural Review". Therefore � �i Planning Commission Staff Report December 8, 2010 Case 5.1247 CUP 150 W. Vista Chino Road Page 9 of 9 based on the above analysis, staff is recommending approval of Case 5.1247-CUP subject to the attached Conditions of Approval outlined in Exhibit A. NOTIFICATION: Notification of this public hearing was sent to adjacent property owners within a 400 foot radius of the subject parcel. As of the writing of this report, staff has received written correspondence from the public, which is attached to this staff report. Ken Lyon r g wing P Associate Planner Director of PI ni g Attachments: - Vicinity Map Draft Resolution and Conditions of Approval - Reductions of site plan and elevations - Public Correspondence 4G 0=*%, PALM N Department of Planning Services w E "41 a�o% Vicinity Map S .......... ......... .............. ... .............................. ......... . .............. ............... ............. ....................................... z . 0 ... ................. ............................. . . ............. z ................. . .. ................ ........... .............. . ................................ .... ISTA CHINO S -'I'll ................................ ................ ........... .......... ............... . . ........... 0 ............................. VIA DELSOL . . ... ....................... ........... ...... ......... ...... . ........ ................ j . . .......... Legend CHUCKWALLA,RD 400 foot buffer ....... Site .......... Parcels ............................ ........... CITY OF PALM SPRINGS CASE NO.: 5.1247 CUP DESCRIPTION- A request for a Conditional Use Permit for a 24-hour convenience store APPLICANT: Cadence Development, use in an existing renovated building on a LLC roughly 18,700 square foot lot at 150 West Vista Chino Road, Zone C-1 / R-3, Section 3. 4 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA FOR APPROVAL OF CASE 5.1247 CUP, A CONDITIONAL USE PERMIT FOR ESTABLISHMENT OF CONVENIENCE STORE USES AT 150 WEST VISTA CHINO ROAD; ZONE C-1 / R-3, SECTION 3. TOWNSHIP 4, RANGE 4; APN 504- 320-016. WHEREAS, Cadence Development LLC, "applicant", has filed an application with the City pursuant to Section 94.02.00 (Conditional Use Permit) of the Zoning Code seeking approval to establish convenience store uses at 150 West Vista Chino Road; and WHEREAS, on September 20, 2010, the Architectural Advisory Committee met and voted 6-0-1 (Parker recused) to recommend approval of the project to the Planning Commission subject to reducing the width of the driveway width on North Indian Canyon Drive and increasing the landscape area south of that entry drive; and WHEREAS, a notice of public hearing for Case 5.1247 CUP was given in accordance with applicable law; and WHEREAS, on December 8, 2010, a public meeting on Case 5.1247 CUP 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") The project has been evaluated in accordance with the guidelines of CEQA and determined to be Categorically Exempt pursuant Sectionl5303 (Conversion of Small Structures), 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 limited to, the staff report, and all written and oral testimony presented. THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the Planning Commission finds that the proposed project is Categorically Exempt pursuant to Section 15303 (Conversion of Small Structures). Section 2: Pursuant to PSZC Section 94.02.00 (Conditional Use Permit), the Planning Commission finds as follows: a. 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 application proposes a convenience store use on a parcel zoned C- 1/R-3. Pursuant to PSZC Section 92.12.01(D)(7), convenience stores are Planning Commission Resolution No. December 8, 2010 Case 5.1247 CUP Convenience Store Uses at 150 West Vista Chino Road Page 2 of 5 permissible in the C-1 zone subject to a conditional use permit (CUP). b. That the use is necessary or desirable for the development of the community, 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; The applicant is proposing a 24-hour convenience store at 150 West Vista Chino Road. The site is immediately adjacent to a large resort hotel (The Riviera) and other smaller hotels. It is also adjacent to residential areas containing both single family and multi family development and a school. It is located on a two major thoroughfare (North Indian Canyon Drive and Vista Chino Road). Indian Canyon Drive is a major route for tourists, visitors and residents entering the City from Interstate 10 to the north. The proposed convenience store would be a desirable use at this site because it would provide access to food and other sundries commonly used by hotel guests and local residents. c. 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 site on which the proposed convenience store is located is roughly 18,700 gross square feet (0.43 acres). The site is fully developed with a building and twenty-four (24) off-street parking spaces. The proposed uses require eighteen spaces and therefore adequate parking is provided. The existing development on the site generally conforms to the development standards of the zone; however minimum lot size and building set back from Vista Chino Road are considered "legal non- conforming conditions". The site is provided with perimeter screening walls and landscaping at the existing off-street parking lot pursuant to the City's Zoning Code. d. 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 site has direct access to North Indian Canyon Drive and Vista Chino Road, both major thoroughfares on the City's General Plan Circulation Map. Traffic studies were conducted for the proposed uses and it was determined that the project does not cause any adverse impacts on traffic patterns in the vicinity. The project therefore conforms to this finding 3' Planning Commission Resolution No. December 8, 2010 Case 5.1247 CUP Convenience Store Uses at 150 West Vista Chino Road Page 3 of 5 e. 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. A proposed set of Conditions of Approval accompany this staff report in Exhibit A. Section 3: Pursuant to Zoning Code Section 94.04 (Architectural Approval), the Planning Commission finds as follows: The Zoning Code requires that alterations to existing commercial structures must be reviewed subject to Zoning Code Section 94.04.00(D)(1-9) "Architectural Review". The review of such projects is required "to determine that the proposal will provide a desirable environment for its occupants as well as being compatible with the character of adjacent and surrounding developments, and whether aesthetically it is of good composition, materials, textures and color". Conformance is evaluated, based on consideration of the following: 1. Site layout, orientation, location of structures and relationship to one another and to open spaces and topography. Definition of pedestrian and vehicular areas; i.e., sidewalks as distinct from parking areas; The project is proposed on a site that was previously fully developed for commercial uses (a restaurant). The project proposes to remove approximately 1,000 square feet of the existing building and retains more than the minimum required off-street parking spaces. The site provides separation of pedestrian areas from vehicular areas and appropriate paths of travel for full accessibility. It also provides landscape areas, perimeter walls to screen the parking area from adjacent areas and adequate accommodation of trash and utility enclosures. The project conforms to this statement. 2. Harmonious relationship with existing and proposed adjoining developments and in the context of the immediate neighborhood community, avoiding both excessive variety and monotonous repetition, but allowing similarity of style, if warranted, The project is surrounded by other existing commercial, retail and hotel uses. It is a fully developed urbanized area of the City. The renovation of the exterior of the existing building proposes a simple, contemporary architectural style that is complementary to the surrounding Planning Commission Resolution No. December 8, 2010 Case 5.1247 CUP Convenience Store Uses at 150 West Vista Chino Road Page 4 of 5 developments. The project conforms to this statement. 3. Maximum height, area, setbacks and overall mass, as well as parts of any structure (buildings, walls, screens towers or signs) and effective concealment of all mechanical equipment; The project proposes to reuse and renovate an existing commercial structure and off-street parking lot. The overall massing and volume of the existing building will be reduced by roughly 1,000 square feet of floor area, thereby reducing the overall density of physical development on the site. Existing and future mechanical units will be properly screened from view and no additional increase in height is proposed for the existing building. Therefore the Planning Commission has concluded the project conforms to this statement. 4. Building design, materials and colors to be sympathetic with desert surroundings,AND 5. Harmony of materials, colors and composition of those elements of a structure, including overhangs, roofs, and substructures which are visible simultaneously, AND 6. Consistency of composition and treatment, The project proposes to renovate the existing building using a simple, contemporary architectural aesthetic. The materials and colors are muted tones of grey and off white with an accent of red at the canopy structure. The project was reviewed by the Architectural Advisory Committee which, by a vote of 6-0-1 recommended it for approval by the Planning Commission with the addition of a reduction in width of the Indian Canyon Drive entry to the parking lot and the addition of more landscaping at the south end of that entry. The Planning Commission has concluded the project is sympathetic with its surroundings, and offers a good visual composition and architectural treatment. . 7. Location and type of planting, with regard for desert climate conditions. Preservation of specimen and landmark trees upon a site, with proper irrigation to insure maintenance of all plant materials; The project proposes to reuse most of the existing healthy landscape material and where necessary, adds drought-tolerant plant species deemed appropriate to the desert environment. There are no landmark or specimen plants or trees on the site. The project is therefore deemed in conformance with this statement. Planning Commission Resolution No. December 8, 2010 Case 5.1247 CUP Convenience Store Uses at 150 West Vista Chino Road Page 5 of 5 NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approves Case 5.1247-CUP for the establishment of a 24 hour convenience store at 150 West Vista Chino Road, subject to the attached conditions set forth in Exhibit A. ADOPTED this 8th day of December, 2010. AYES: NOES: ABSENT: ABSTAIN: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA Craig A. Ewing, AICP Director of Planning Services 46 RESOLUTION NO. EXHIBIT A Case 5.1247 CUP 150 West Vista Chino Road December 8, 2010 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the Director of Building and Safety, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. ADMINISTRATIVE CONDITIONS ADM 1. Project Description. This approval is for the project described per Case 5.1247 CUP; except as modified with the conditions below; ADM 2. Reference Documents. The site shall be developed and maintained in accordance with the approved plans, date stamped (September 2, 2010), including site plans, architectural elevations, exterior materials and colors, and landscaping, on file in the Planning Division except as modified by the approved conditions below. ADM 3. Conform to all Codes and Regulations. The project shall conform to the conditions contained herein, all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, and any other City County, State and Federal Codes, ordinances, resolutions and laws that may apply. ADM 4. Minor Deviations. The Director of Planning or designee may approve minor deviations to the project description and approved plans in accordance with the provisions of the Palm Springs Zoning Code. ADM 5. Indemnification. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.1247 CUP The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter a' Resolution Conditions of Approval Page 2 of 11 5.1247 CUP 150 W Vista Chino Road Convenience Store December 8, 2010 and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. ADM 6. Maintenance and Repair. The property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation all structures, sidewalks, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. ADM 7. Time Limit on Approval. Approval of this Conditional Use Permit shall be valid for a period of two (2) years from the effective date of the approval. Once constructed, the Conditional Use Permit, provided the project has remained in compliance with all conditions of approval, does not have a time limit. ADM 8. Right to Appeal. Decisions of an administrative officer or agency of the City of Palm Springs may be appealed in accordance with Municipal Code Chapter 2.05.00. Permits will not be issued until the appeal period has concluded. ADM 9. Public Art Fees. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial projects or 1/4% for residential projects with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Zoning and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. ADM 10. Park Development Fees. The developer shall dedicate land or pay a fee in lieu of a dedication, at the option of the City. The in-lieu fee shall be 46 Resolution Conditions of Approval Page 3 of 11 5.1247 CUP 150 W Vista Chino Road Convenience Store December 8, 2010 computed pursuant to Ordinance No. 1632, Section IV, by multiplying the area of park to be dedicated by the fair market value of the land being developed plus the cost to acquire and improve the property plus the fair share contribution, less any credit given by the City, as may be reasonably determined by the City based upon the formula contained in Ordinance No. 1632. In accordance with the Ordinance, the following areas or features shall not be eligible for private park credit: golf courses, yards, court areas, setbacks, development edges, slopes in hillside areas (unless the area includes a public trail) landscaped development entries, meandering streams, land held as open space for wildlife habitat, flood retention facilities and circulation improvements such as bicycle, hiking. and equestrian trails (unless such systems are directly linked to the City's community-wide system and shown on the City's master plan). ADM 11. Maintenance of Outdoor Seating/Dining. Daily cleaning and wash down of sidewalks and paved areas for any outdoor seating will be required. ADM 12. Cause No Disturbance. The owner shall monitor outdoor parking areas, walkways, and adjoining properties and shall take all necessary measures to ensure that customers do not loiter, create noise, litter, or cause any disturbances while on-site. The owner and operator shall ensure that at closing time, all customers leave the property promptly and that the property is clean and secure before the owner/operator leaves the premises. The Police Chief, based upon complaints and/or other cause, may require on-site security officers to ensure compliance with all City, State, and Federal laws and conditions of approval. Failure to comply with these conditions may result in revocation of this permit, temporary business closure or criminal prosecution ADM 13. Grounds for Revocation. Non-compliance with any of the conditions of this approval or with City codes and ordinances, State laws; any valid citizen complaints or policing and safety problems (not limited to excessive alcohol consumption, noise, disturbances, signs, etc) regarding the operation of the establishment; as determined by the Chief of Policy or the Director of Building and Safety, may result in proceedings to revoke the Conditional Use Permit. In addition, violations of the City Codes and Ordinances will result in enforcement actions which may include citations, arrest, temporary business closure, or revocation of this permit in accordance with law. ADM 22. Notice to Tenants. The applicant shall provide all tenants with a copy of the Conditions of Approval for this project. ADM 23. Conditional Use Permit Availability. The applicant shall provide a copy of this Conditional Use Permit to all buyers and potential buyers 4S Resolution Conditions of Approval Page 4 of 11 5.1247 CUP 150 W Vista Chino Road Convenience Store December 8, 2010 ENVIRONMENTAL ASSESSMENT CONDITIONS ENV 1. Coachella Valley Multiple-Species Habitat Conservation Plan CVMSHCP Local Development Mitigation Fee (LDMF) NOT required. ENV 2. Notice of Exemption. The project is exempt from the California Environmental Quality Act (CEQA); therefore, an administrative fee of$64 shall be submitted by the applicant in the form of a money order or a cashier's check payable to the Riverside County Clerk within two business days of the Commission's final action on the project. This fee shall be submitted by the City to the County Clerk with the Notice of Exemption. Action on this application shall not be considered final until such fee is paid. PLANNING DEPARTMENT CONDITIONS PLN 1. Outdoor Lighting Conformance. Exterior lighting plans, including a photometric site plan showing the project's conformance with Section 93.21.00 Outdoor Lighting Standards of the Palm Springs Zoning ordinance, shall be submitted for approval by the Department of Planning prior to issuance of a building permit. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be included. If lights are proposed to be mounted on buildings, down-lights shall be utilized. No lighting of hillsides is permitted. PLN 2. Water Efficient Landscaping Conformance. The project is subject to the Water Efficient Landscape Ordinance (Chapter 8.60.00) of the Palm Springs Municipal Code and any state water efficiency ordinances. The applicant shall submit a landscape and irrigation plan to the Director of Planning for review and approval prior to the issuance of a building permit. Landscape plans shall be wet stamped and approved by the Riverside County Agricultural Commissioner's Office prior to submittal. Prior to submittal to the City, landscape plans shall also be certified by the Desert Water Agency that they are in conformance with the State Water Efficient Landscape Ordinance. Refer to Chapter 8.60 of the Municipal Code for specific requirements. (See Chapter 8.60.020 for exemptions) PLN 3. Sign Applications Required. No signs are approved by this action. Separate approval and permits shall be required for all signs in accordance with Zoning Ordinance Section 93.20.00. The applicant shall submit a sign program to the Department of Planning Services prior to the issuance of building permits. PLN 4. Flat Roof Requirements. Roof materials on flat roofs must conform to California Title 24 thermal standards for "Cool Roofs". Such roofs must have a minimum initial thermal emittance of 0.75 and minimum initial solar 56 Resolution Conditions of Approval Page 5 of 11 5.1247 CUP 150 W Vista Chino Road Convenience Store December 8, 2010 reflectance of 0.70. Only matte (non-specular) roofing is allowed in colors such as off-white, beige or tan. PLN 5. Maintenanc e of Awnings_&Protections. All awnings shall be maintained and periodically cleaned. PLN 6. Screen Roof-mounted Equipment. All roof mounted mechanical equipment shall be screened per the requirements of Section 93.03.00 of the Zoning Ordinance. PLN 7. Surface Mounted Downspouts Prohibited. No exterior downspouts shall be permitted on any facade on the proposed building(s) that are visible from adjacent streets or residential and commercial areas. PLN 8. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. PLN 9. Outside Storage Prohibited. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. PLN 10. No off-site Parking. Vehicles associated with the operation of the proposed development including company vehicles or employees vehicles shall not be permitted to park off the proposed building site unless a parking management plan has been approved. PLN 11. Bicycle Parking. The project shall be required to provide secure bicycle parking facilities on site for use by residents and commercial/retail patrons and owners. Location and design shall be approved by the Director of Planning. PLN 12. Revised Site Plan Required. Prior to issuance of building permits, the applicant shall submit to the Planning Department for approval by the Planning Department, the Fire Department and the Public Works Department, a revised site plan incorporating the changes to the Indian Canyon Drive parking lot entry recommended by the Architectural Advisory Committee. The changes include reducing the width of the driveway by increasing the landscape planting area at the south side of the Indian Canyon Drive driveway. In addition, parking lot design revisions including two foot concrete strips at all end spaces adjacent to landscape areas must be added to conform to the Parking Lot Design Standards of Zoning Code 93,06.00. PLN 13. Approval of Traffic Study by Caltrans Required. The traffic impact analysis prepared for this project is subject to final review and approval by Caltrans. Access restrictions of the existing driveway on Vista Chino (SR111) may be imposed by Caltrans upon their review of the traffic impact analysis. The 5 Resolution Conditions of Approval Page 6 of 11 5.1247 CUP 150 W Vista Chino Road Convenience Store December 8, 2010 applicant shall incorporate changes to the site plan as necessary to facilitate access restrictions to the driveway as required by Caltrans. PLN 14. add any additional conditions imposed by the Planning Commission or City Council here) POLICE DEPARTMENT CONDITIONS POL 1. Developer shall comply with Section II of Chapter 8.04 "Building Security Codes" of the Palm Springs Municipal Code. POL 2. The applicant must post "No Loitering "signs on the premises applicable to city ordinance regulations approved by Code Enforcement and the Police Department. POL 3. The applicant must provide security lighting externally and cameras internally and externally approved by Code Enforcement and the Police Department. POL 4. The trash enclosure must have lockable gates. POL 5. Proper signage must be displayed throughout the store that indicates it is against the law to sell tobacco products to anyone under the age of 18 years. POL 6. Proper signage must be displayed throughout the store that indicates it is against the laws to sell alcohol products to anyone under the age of 21 years BUILDING DEPARTMENT CONDITIONS BLD 1. Prior to any construction on-site, all appropriate permits must be secured. ENGINEERING DEPARTMENT CONDITIONS Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS ENG 1. Encroachment Permit. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. ENG 2. State Permits. Applicant shall obtain State permits and approval of plans for any work done on State Highway 111 (Vista Chino). A copy of an approved Caltrans encroachment permit shall be provided to the City Engineer prior to the issuance of any grading or building permits. VISTA CHINO (HIGHWAY 111) 5 12 Resolution Conditions of Approval Page 7 of 11 5.1247 CUP 150 W Vista Chino Road Convenience Store December 8, 2010 ENG 3. All broken or off grade street improvements shall be repaired or replaced. N. INDIAN CANYON DRIVE ENG 4. Driveway Revisions on Indian Canyon Drive. In accordance with the Architectural Advisory Committee recommendation, remove the existing 46 feet wide driveway approach and construct a 24 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 201. The southerly 22 feet of the existing driveway approach shall be reconstructed with new curb, gutter and sidewalk to match existing, in accordance with applicable City standards. ENG 5. All broken or off grade street improvements shall be repaired or replaced. ON-SITE ENG 6. Dust Control. Prior to issuance of a demolition permit by the Building Department, a Fugitive Dust Control Plan shall be prepared by the applicant and/or its demolition contractor and submitted to the Engineering Division for review and approval. The applicant and/or its demolition contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its demolition contractor shall provide the Engineering Division with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact AQMD at (909) 396-3752, or at http://www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Division prior to issuance of demolition permit. ENG 7. Within 10 days of ceasing all construction activity and when construction activities are not scheduled to occur for at least 30 days, the disturbed areas on- site shall be permanently stabilized, in accordance with Palm Springs Municipal Code Section 8.50.022. ENG 8. The minimum pavement section for all on-site pavement shall be 2Y2 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. If an 513 Resolution Conditions of Approval Page 8 of 11 5.1247 CUP 150 W Vista Chino Road Convenience Store December 8, 2010 alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. GENERAL ENG 9. Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. ENG 10. All proposed utility lines shall be installed underground. ENG 11. All existing utilities shall be shown on the improvement plans required for the project. The existing and proposed service laterals shall be shown from the main line to the property line. ENG 12. Nothing shall be constructed or planted in the corner cut-off area of any driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D. ENG 13. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed in accordance with City of Palm Springs Standard Drawing No. 904. TRAFFIC ENG 14. The traffic impact analysis prepared for this project is subject to final review and approval by Caltrans. Access restrictions to the existing driveway on Vista Chino (SR111) may be imposed by Caltrans upon their review of the traffic impact analysis. The applicant shall incorporate changes to the site plan as necessary to facilitate access restrictions to the driveway as required by Caltrans. ENG 15. A minimum of 48 inches of clearance for handicap accessibility shall be provided on public sidewalks or pedestrian paths of travel within the development. ENG 16. All damaged, destroyed, or modified pavement legends, traffic control devices, signing, striping, and street lights, associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy. ENG 17. Construction signing, lighting and barricading shall be provided during all phases of construction as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with Part 6 "Temporary Traffic Control" of the California Manual on 5 Resolution Conditions of Approval Page 9 of 11 5.1247 CUP 150 W Vista Chino Road Convenience Store December 8, 2010 Uniform Traffic Control Devices for Streets and Highways, dated September 26, 2006, or subsequent editions in force at the time of construction. FIRE DEPARTMENT CONDITIONS FID 1. Fire Department Conditions are based on the 2007 California Fire Code. These conditions are subject to final plan check and review. Initial fire department conditions have been determined on the site plan received September 2, 2010. Additional requirements may be required at that time based on revisions to site plans. FID 2. Fixtures and displays (CFC 314.2) Fixtures and displays of goods for sale to the public shall be arranged so as to maintain free, immediate and unobstructed access to exits as required by Chapter 10. FID 3. Storage in buildings (CFC 315.2) Storage of combustible materials in buildings shall be orderly. Storage shall be separated from heaters or heating devices by distance or shielding so that ignition cannot occur. FID 4. Ceiling clearance (CFC 315.2.1) Storage shall be maintained 2 feet (610 mm) or more below the ceiling in non sprinklered areas of buildings or a minimum of 18 inches (457 mm) below sprinkler head deflectors in sprinklered areas of buildings. FID 5. Means of egress (CFC 315.2.2) Combustible materials shall not be stored in exits or exit enclosures. FID 6. Equipment rooms (CFC 315.2.3) Combustible material shall not be stored in boiler rooms, mechanical rooms or electrical equipment rooms. FID 7. Combustible Storage (CFC 315.3): Outside storage of combustible materials shall not be located within 10 feet (3048 mm) of a property line. FID 8. Buildings and Facilities (CFC 503.1.1): Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet (45 720 mm) of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. FID 9. Fire Lane Marking (CFC 503.3): Approved signs or other approved notices shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. Signs or notices shall be maintained in a clean and legible condition at all times and is replaced or repaired when necessary to provide adequate visibility. 5 Resolution Conditions of Approval Page 10 of 11 5.1247 CUP 150 W Vista Chino Road Convenience Store December 8, 2010 FID 10. Premises Identification (CFC 505.1): New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4" high with a minimum stroke width of 0.5". FID 11. Plot Plan: Prior to completion of the project, a 8.5"x11" plot plan shall be provided to the fire department. This shall clearly show all access points & fire hydrants. FID 12. Key Box Required to be Installed (CFC 506.1): Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for life-saving or fire-fighting purposes, the fire code official is authorized to require a key box to be installed in an approved location. The key box shall be of an approved type and shall contain keys to gain necessary access as required by the fire code official. FID 13. Key Box Contents: The Knox key box shall contain keys to all areas of ingress/egress, alarm rooms, fire sprinkler riser/equipment rooms, mechanical rooms, elevator rooms, elevator controls, plus a card containing the emergency contact people and phone numbers for the building/complex. FID 14. Operational Fire Hydrant(s) (CFC 508.1, 508.5.1 & 1412.1): Operational fire hydrant(s) shall be installed within 250 feet of all combustible construction. They shall be installed and made serviceable prior to and during construction. No landscape planting, walls, or fencing is permitted within 3 feet of fire hydrants, except ground cover plantings. FID 15. Identification (CFC 510.1): Fire protection equipment shall be identified in an approved manner. Rooms containing controls for air-conditioning systems, sprinkler risers and valves, or other fire detection, suppression or control elements shall be identified for the use of the fire department. Approved signs required to identify fire protection equipment and equipment location, shall be constructed of durable materials, permanently installed and readily visible. FID 16. NFPA 13 Fire Sprinklers Required: An automatic fire sprinkler system is required. The existing fire sprinkler system had a 5 year certification in March 2009. Any changes in the storage of commodities and/or high piled storage applications will require a fire sprinkler plan submittal to the fire department. FID 17. Valve and Water-Flow Monitoring (CFC 903.4): All valves controlling the fire sprinkler system water supply, and all water-flow switches, shall be electrically monitored. All control valves shall be locked in the open position. Valve and water-flow alarm and trouble signals shall be distinctly different and shall be automatically transmitted to an approved central station. 56 Resolution Conditions of Approval Page 11 of 11 5.1247 CUP 150 W Vista Chino Road Convenience Store December 8, 2010 FID 18. Fire Extinguisher Requirements (CFC 906): Provide one 2-A:10-B:C portable fire extinguisher for every 75 feet of floor or grade travel distance for normal hazards. Show proposed extinguisher locations on the plans. Extinguishers shall be mounted in a visible, accessible location 3 to 5 feet above floor level. Preferred location is in the path of exit travel or near an exit door. FID 19. Fire Department Connections (CFC 912.2.1 & 912.3): Fire Department connections shall be visible and accessible, have two 2.5 inch NST female inlets, and have an approved check valve located as close to the FDC as possible. All FDC's shall have KNOX locking protective caps. Contact the fire prevention secretary at 760-323-8186 for a KNOX application form. FID 20. Fire Alarm System: Fire alarm system is required and installation shall comply with the requirements of NFPA 72, 2002 Edition. FID 21. High Piled Storage: If materials to be stored are anticipated to exceed 12 feet in height, additional requirements will be required. Contact the fire department plans examiner for more detailed requirements. FID 22. Hazardous Materials: No hazardous materials will be stored and or used within the buildings. FID 23. Means of Egress: Applicant will adhere to CFC 2007 - CHAPTER 10 MEANS OF EGRESS for this building. END OF CONDITIONS 5 i 1 I E I LEGAL DESCRIPTION I 3 3 svn: saazo-als� l � I 2GIE Ft 1 R3 I l fI PROJECT ADDRESS I {� I 150 EAsr vlsrncHrw PALM SPRINGS,GA9 �]PARpM>LOi I Q =ram r i SfTE CALCULATIONS Z EAsrnG euunlnc AREA a,sm S.F. I fEri eUIDSING AREA 3,9W S.F. ]12% Ir I OPEN Af�AllArB]9CAPE L TO 13250 SF. 1�3k, TAL OT AREA 18.iW SF. A3 ACFii=S ri.A�vff ®.m 13 Z II Q I PARKING PROVIDED E%45TING HC STALLS 15PACE TOTAL EXJRING STALLS 2a SPACES lit I Z Q NOTE: I C — THEE%ISrnGSRE LS COMPLETELY WPROVE8 N4510PE J I S�S—TALY LESS THAN 5%[SEE EASTIM PHOTOS] Z {f I PLAN KEYNOTE LEGEND f � O E A S T V I S T A C H I N O R O A D - ------------------------------------------------ SITE PLAN 1 ROOE PLAN : RETAIL/ MARKET BUILDING Al PLR Croup CADENCE CAPITAL INVESTMENTS LLC Scale: = 211FJob Number.7510414-00 WWCOT �0 178 N.CRE 8T.9 DRIVE,SUITE 4,BEVERM243 Y HILLS,CA90210 V Y 7 I TEL(mo]387A023 FAX:[310]385-0243 4 Farrel C-203,Palm Sprilgs,CA 92262-79441760.320.1709 f 4�'�onam rv�anu.mr�.w�++.n4+r.+++rs oe.a.�c PLA14NING SERVICES DEPARTMENT -- -- - ------------------= 1 SOUTH ELEVATION :EAST VISTA CHINO ROAD EAST ELEVATION!SITE SECTION : INDIAN CANYON DRIVE l I RETAIL MARKETI:I __------. -------- ------- - I I.. WEST ELEVATION I - NOTE SEE MATERWL59O.4RO --- - NEYNQIE-scRPIgNs ' L___ _ - FLOOR PLAN { 1 RETAIL 1 MARKET BUILDING II A2 DLR Group S.I.: r-=1w T-0" J bM..b 7s W io414-00 WCOT CADENCE CAPITAL INVESTMENTS LLC �: �,-10 178 PL CRESENT NNE,SUrE 4,BELFRY HLLLS,CA 90299 --` TEL(69387-11M FAX P10)3&5M43 490 S.Famll Dnve,Suite C-203,PaYn Sprngs,CA 92262-79441760.320.1709 NORTH ELEVATION dux-�{sh4 �;cu5 �ld5c=}o��i fby`�:n pvcp�s�ti1 !ine� �,'�[in raarr_ ,pcfs w�wala I�{icvs hi�dn:: cz �awacn we - - 20- 39=- iB 7, 18" --:'F5 14- - --72 - - 74M LLANSUC R SM r r , { Paul Comm od� FAX�OW?M-n s , tt"`q {aW alpaca!"` >_ z J 1 a g Q K \f`'� z w ° 1 �< U F ' ¢ � z z <IE LU ��. a Cis�ai cxr in Q (L Wmi +u4s U Z 4< 2 v e 2 SPEC9 CATIOM armor❑ BOOK■ i zJOB oArra§* rr s hv�Yvut Fr oR„C, ROP NE 143.1V ® nro,z No mwa mow" DATE 912170 �E)-:t73�iC. SIDEWALK - -f ''1OATM aCAd.E vs-r-o SCALE: 118'-r-(r GFlATF1IC SCALE �� 3 �3lU(3((A,il ' !-j {Fiukirilf� 0 �� U€�GA" Ou'-, - - w r • FLAW VISTA CHINO DRIVE , - _ — -- - I� _rwwas i•e�r _.�}+rrwaa__ - _ ..si.e.. ..Y - — L-5.00 omwr.•w�rur��w�rr�•o es..erciear �•ww rnc••easiw•�s STATE 01;CALIFORNIA—BUSINESS,TRP RTATION AND HQLJSING AGENCY ARNOLDWARZE F.R Gove o DEPARTMENT OF TRANSPORTATION DISTRICT 8 PLANNING 0 464 WEST 41h STREET,6`h Floor NIS 725 SAN BERNARDINO,CA 92401-1400 Flex your power! PHONE (909)383-4557 Be energy efficient! FAX (909)383-5936 TTY (909)383-6300 December 1, 2010 Mr. Marcus L. Fuller Assistant City Engineer/ Assistant Director of Public Works City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92263 Dear Mr. Fuller: Vista Chino and Indian Canyon Drive Convenience store 08-RIV 111, PM 53.903 The California Department of Transportation has reviewed the Traffic Analysis and other information sent via email for a 24-hour convenience store and general retail store. The proposed project will renovate an existing restaurant no longer in use; it is located at the northwest corner of Vista Chino/State Route 111 (SR-111) and Indian Canyon Drive. There was some confusion as to the type of development being proposed for the site. Previous emails from Cadence Capital Investments indicated that a CUP for a 24-hour convenience store, and a retail store was being submitted for review. The Traffic Analysis submitted by George Rhyner of Crain & Associates describes a"neighborhood grocery market and a general retail store being proposed." If any alterations are being proposed within the State right-of-way a Caltrans Encroachment Permit will be needed. For clarification please indicate on the Encroachment Permit application that this is a 24- convenience store and not a neighborhood grocery market. We have no other concerns relative to this proposed project. These comments are based upon a review of the materials provided for our evaluation. If this proposal is revised in any way, please forward appropriate project information to this Office so that updated recommendations for impact mitigation may be provided. "Caltrans improves mobility across California" Mr. Marcus L. Fuller December 1, 2010 Page 2 We appreciate the opportunity to offer comments concerning this project. If you have any questions regarding this letter, please contact me at(909) 383-4557 for assistance. Sincerely, Original signed by Daniel Kopulsky DANIEL KOPULSKY Office Chief Community Planning/Local Development Review c: Ken Lyon, City of Palm Springs, Department of Planning Services George Rhyner, Crain & Associates Lucy Dinneen, Cadence Capitol Investments Manuel Jabson III "Caltrans improves mobility across California"