HomeMy WebLinkAbout11/3/2010 - STAFF REPORTS - 2.M. Jay Thompson
From: David Newell
Sent: Monday, November 22, 2010 3:37 PM
To: Jay Thompson
Cc. Craig Ewing
Subject: FW: KORAKIA LIQUOR LICENSE
FYI.
David A. Newell
Associntc .1?1a1111cr
City of Palm Sprirlgs
:3200 F?."'Aquit C:anpon 1V,tv
P.(.). Box 2"13
11.1lm Springs,CA 92263.271,3
Oflicc: C'7()O ;i23-5245 I nX: ("GO) 32?-53GU
From: Bill Lamond [mailto:billlamond@msn.com].
Sent: Monday, November 22, 2010 3:06 PM
To: Ginny Foat; Chris Mills; Steve Pougnet; rick.hutcheson@palmspings-ca.gov; Lee Weigel; David Newell
Subject: KORAKIA LIQUOR LICENSE
Dear Mayor and Council Members,
Many of my neighbors and I attended the last Council meeting when the Korakia's liquor license was
taken off the agenda. Since there was an assumed
"yes" vote going into that session, I take it as a good sign that the Council hears the objections that we,
the Korakia's neighbors, have about the way
the hotel operates and ignores us.
Frankly, what seems to be the problem is that the hotel used to be owned by an individual who had a
stake in the neighborhood and could be approached
when problems arose. Now, my understanding is that the Korakia is owned by a corporation that, in
essence, has no ties to our community and no interest
in anything except its own bottom line and we all know the callous behavior associated with corporations
and their bottom line.
Though I cannot speak for all my neighbors, I can say that, for me, the liquor license issue is really a
lightning rod for the way the hotel has ignored its neighborhood
and lost contact with the real impact its activities have on the people who live here day in and day out.
The liquor license and impending increase in its
irresponsibility to us in the neighborhood were the final straw.
Truthfully, for a very little amount of time and money, the Korakia could have established a good
neighbor policy by: 1. creating a dialogue of its own volition
with us neighbors about its plans and getting input and making agreements; 2. by having some
communication with us about activities that affect us;
3. by having printed for a small amount of money "no parking for hotel events" signs for all of
us neighbors, so we didn't have to keep chasing its guests out of our personal
parking spaces;
4. and by informing its guests that the hotel is in a quiet, historic residential neighborhood and requesting
people when they check in to honor that...and then enforcing it of the hotel's own accord.
The managements of this hotel has been amazingly short sighted in not being willing to establish any
relationship at all with its neighbors and thinking that, as a big corporation,
11/29/2010 ,
it can do what it likes with impunity. (Geez, have we not watched the news for the last several decades to see
where that kind of corporate attitude goes?)
You'll probably remember two or three years ago that Cadillac filmed an Escalade commercial on our street at
night and lit up the mountain. I returned home to find my street blocked off, people from the production
company demanding I prove I live here, and hundreds of people swarmed onto my block. I had to fight for my
own, personal parking space.
No notice, no interest, no relationship. I've been over there twice in the last months late at night to tell them to
quiet their guests. Now, my neighbors are asking me to call the
police instead, so we have a public record of each event. (As a neighbor, I feel angry and sad that I would have
to call the authorities in a matter that should be handled as one
neighbor to another.)
All this boils down to the fact that the Korakia's management can promise the moon and the stars in making their
application, but in fact, has never once demonstrated any integrity. It's patently obvious that they will say
whatever they need to say to get what they want, but have NO track record with us of keeping their word. Also,
the on-site manager of the property clearly has no real interest in making it work for the neighborhood. We do
not want to have to be the "police" in our own neighborhood because the Korakia ownership and management
has no integrity. It is sad that all of this unpleasantness could have been avoided if the Korakia had reached out
in any way to its neighbors and been a good neighbor itself. Instead, the neighborhood is up in arms over the
callous and uncaring way the hotel deals with us and we envision it only getting worse when it is serving liquor
and having inebriated people roaming our street. Palm Canyon Drive, the downtown, is four blocks away.
We want the commercial feel to stay there and our neighborhood left in peace.
It is ironic that this establishment is in the hospitality industry - an industry that counts on relationship to do
business - and has NEVER been hospitable to its neighbors. It has treated us as no concern of theirs and now is
reaping the fruits of that lack of concern.
We live in an historic district where, in the last Council meeting, buildings were approved as historic and
preserved to honor the history and feeling of this special neighborhood. What about the people of this historic
place? Are we to be less considered than the buildings?
Many thanks for your cooperation to set this right.
Sincerely,
Bill Lamond
221 S. Patencio Road
Palm Springs, CA 92262
11/29/2010
1 �1Y c,•4µ�\�s.:1�
Alia PaLlla 1 iy
267 South PatCIICIO Rd., Apt. A Alu ,; .J LU I
Palm Springs, CA 92262 pcpt.�f w ; evaraileCr;niral
Phone: 760: 285- 498 1 hall; ��]clIlaIQ( ,,,aol.colll n) 'sett
Fx: 760: 123-1966
August 6. 2010
Ms. Tamica loots-Rachal
Depag,lie It of Alcoholic Beverage Control Palm Desert District 0111ce
3 1-lfi0 �,ateway Dr.. SIT" 120 [,,I]in Desert, CA 9221 1
Deur Ms. 1,00ts-Rachal:
1 nclosed please Find the lollow►ng dOCLI111el1tS:
1 . Protest letter Against Alcoholic Beverage License Application, dated 8/5/10 Protestant - Alla Paula 1`1 page)
?. PI'otestclnt"s/Complainatit's Declaration dated, 815110, Protestant — Alia Paula (1 page)
;. Protest Letter Against Alcoholic Beverage License Application, dated 86/2010 Protestant - .Ic)hn\y'essnlan (6
pages IticlUding Ilve (5) attachments).
4. P►'otestallt's/Cotllplalllallt's Declaration, dated, 8/62010 - Protestant John Wessman ( l )
5. Protest Slgllatlll'eS from 37 resident/homeowIlers (Soule of which already submitted fOr Side. A) protcstlll!, the
issuance of the liquor licenses and the music variance to Makar Enterprises Inc dba Koral is Perlslone (6 pageS)
(i. (ioogle Map of my apartment and it's proximity to the Korakia property Side A of Patcncio Road ( I pauc)
1 wante ' o band-deliver tills to your agency by the original Clue date which is today 8/6/10. 1 lo\\'ever. since \\c
have not yet received written notification from Makar Enterprises Inc., for either application, th t is. fur Sicle :\
and Side B, it is my understanding that, thLIS far, there IS 110 dLIC elate for either side. 'Lhils, the due he
A days Irom the post mark ol'when the applicant sends out the separate mailings for each applicatloli fur eacl
side of the street. To date, none one I Have Spoken with, including youlsc►f, per our cc>nversation c l l rida�. .lulV
)0, 1010. has received written notification.
Please Accept the e►lclosed packet cis a set o1 documents my tielghbol'S aClll 1 cite Snbllllttltlg. t(? keep r�LIC pl'r letil.
ion for two (2) llgL►OI" licenses and a music variance active. I helWNC Weagainst Makar 1 nterl:n"iscs hlc's applicat
can reserve the right to add to this packet. Please advise il'this is not correct. I have included a si�naturc line.
for your agency, to contirnl that you have received this letter and the Supporting CIOCUlnentS mentiolwd ahoy e
16 pa�0 es total, not including this letter.
lZespectfully submitted:
Alia Paula
ABC' Si.;nature confirnlinry receipt of above documentS:
Print: Sig►lt tore: I)ate:
I,iccll.Sin' Rehretientative'StaIT person (plerlse si ;rl anti pI int) de/,t G< v
.L
its t.A4
Department of Alcoholic Beverage Control
PROTEST AGAINST ALCOHOLIC !;I'h'f r,a1i1 "`'
BEVERAGE LICENSE APPLICATION
-Please refer to Form ABC-510, Instructions for Protesting an Alcoholic Beverage License Application, before
completing and submitting your protest. The ABC-510 can be found at www.abc.ca.gov.
-Please print legibly or type, Incomplete and/or illegible information will cause the protest to be rejected
-You will be notified by letter regarding a hearing on your protest. You will need to attend the hearing to testify and/or
present evidence to support your protest.
•A copy of your valid protest, including your name and address, will be provided to the applicant as a public record and
a right of discovery for a protest hearing.
I hereby protest the issuance of license under the Alcoholic Beverage Control fact to:
Makar Enterprises Inc dba Korakia Pensione
.............
(Name(s)of Applicant(s))
For premises at:
'?57 South PitenClo Road, f';.tllll Springs,CA 92262-6336 Side A an Side B
( xact address of proposed premises)
011 the grounds that:
f lit: Korakia Pensione contirules to disturb my peace the the peace my neighbors and has no regard fur our rights, in my rrpilririn. I
live directly adjacent to the property,on their south side. I began living there prior to the property becoming a F3<i, since the
property became a 13&_,13, I have encountered,and continue to encounter,problems with",()rile staff,guests,and vendors Sulllc of the
problems include, but are not limited to: taking our parking~paces(for which we pay rent), being very disruptive;Ind noisy (tile
noise ICVCI is very disturbing and goes on beyond 10:00 p.111. often)vendors have blocked my parking spaces(I atul nci,,hbon
c:nnot get in()r out of our own Spaces at times)guests and vendors leave their trash in the residents' area,and,at fillies, the vendor;
park im the street in such a way that I have had great difficulty navigating my car in and out of my own puking spaces. f have horn
negatively confronted by guests whorl f ask them to remove their car from the parking spaces for which I Pay rcnl. I have been
conl'runtcd by a previous owner who said, "f will sue your eye balls out if you have thorn towed." I have culled the VP of Plnnr llig
and f)evelopngent,many,many tinges, to let him know about the noise level and the parking situation, to n();Nail. I have tipokcn
With Piulctte,;t manager,who does not take the issues seriously, in ngy opink n,since the problems continue. I have called low
enforcement many times to ask far assistance in asking the Korakia staff to;adhere to the noise ordinance. �Vhcn the police arrive,
the ni>ise will stop very temporarily only to start again at the same level and intensity,at which time I have. to call law cnfi,rcen1c111
again. This his been orl-going fur many years. I believe that ifthe liquor licenses and entertainment variance are granted(JO+ illy sill'
or both sides ot'the street), the problems will increase tremendously and we residents will suffer lilt it. As it is,we rc;idcnt. hayc In
continually call our landlord(or the in-charge person)and/or local law enforcement due to our peace and rights being disnu'hcd. I
itn concerned that if the liquor licenses and a music valiance are granted, the noise level,disrespect for the rights of residents,ind
community harmony will be destroyed. Fly signing below, 1 run asking that the liquor license and music variance not be ()soled.
Check here if additional shoots a1111ched
I Alia Pauli
declare udder penalty ofperjury:
PRINT(Name of Pnalestant)
(I) I hat I ;Inl the protestant herein;(2)That I have read the above protest and know(lie contents thercuf; and(3) I hat the
sink is true Of 11) tM11 knnwlcdge except as to those matter.; which are therein stated on inlurnuttion incl hcliel,and ;1ti tc,
those nulttos l helicvc to he true.
rt:)TEsrn ij�S I N A T1.JRF
(-!/� /�� r .._..... ---. ........_.... ..... . ._. .... ....
PRpTESTAPJ lS rF1.EPH!�Nf`IUP.^.r3'R i(.,1;1 nnai,
FL) 1 ,( D!and 51:t1e) ... _...
I DArF�I Il3 ry f:D
I. r rl_,-I L,•1'•; ',f)L,,L.: E;tr-:et nt ,6dr an 111 3Me.CdJy ...._. ...
.stain,np1(17 code)
tirnllh I'alcncio Rnu,1, ;\ilt. r�, Palln Springs, 92202
Applicant Name: Makar Enterprises Inc DBA Korakia Pensione
License / File No.: 70-500326
DATE MUST BE RECEIVED BY:
STATE OF CALIFORNIA
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
PROTESTANT'S / COMPLAINANT'S DECLARATION
i. Alia Paula declare
PRINT YOUR NAME
under penalty of perjury.
That I am the Protestant/ Complainant herein; that I have read my previously-submitted
protest/complaint and know the contents thereof; that the same is true of my knowledge except to
those matters which are therein stated on information and belief and as to those matters I believe
them to be true.
EXECUTED on 815/10 at
(MONTH-DAY-YEAR)
Palm Springs California
(CITY)
Signature:
Full Address: 267 South Patencio Road, Apt. A
Palm Springs, CA 92262
Phone No. (non-public& optional):
Notice to Protestant / Complainant:
• This verification constitutes a personal oath and must, therefore, be signed by each individual
verifying the protest.
• A copy of your valid protest (including your name and address) will be provided to the applicant as a
public record and pursuant to applicant's discovery rights.
AM- 11,8 (i7t v. Ap( l 201O)
Department of Alcoholic Beverage Control
PROTEST AGAINST ALCOHOLIC
BEVERAGE LICENSE APPLICATION
St�teofca�lton,ia
*Please refer to Form ABC-510, Instructions for Protesting an Alcoholic Beverage License Application, before
completing and submitting your protest. The ABC-510 can be found at www.abc.ca.gov.
•Please print legibly or type, Incomplete and/or illegible information will cause the protest to be rejected.
*you will be notified by letter regarding a hearing on your protest. You will need to attend the hearing to testify and/or
present evidence to support your protest.
•A copy of your valid protest, including your name and address, will be provided to the applicant as a public record an
a right of discovery for a protest hearing. d
I hereby protest the issuance of license under the Alcoholic Beverage Control Act to:
Makar Enterprises Inc dba Korakia Pension,
For premises at: (Name(s)of Applicant(s))
257 South Patcncio Road, Palm Springs,CA 92262-6336
(Exact address of proposed premises)
on the grounds that:
Affected properties that I own:
291 Calle Tranquillo, Palrn Springs,CA 92262
246 Lugo, Palnt Springs,CA 92262
266 Lugo, Pahn Springs, CA 92262
286 Lugo, Palnt Springs,CA 92262
359 Calls L3unita, Pahn Springs,CA 92262
.I(rhn Wcssnurn �✓check here if additional sheets attached
1
PRINT(Name ofprotestanti declare under penalty of perjury:
(I) I•hat I am the protestant herein: (2)That I have read the above pr(ttc.tit and know the corttcnts thereof;arut(3) Thal the.
same is true of'my own knowledge e.�cept as to thcr.tie matter.,which are therein stated on infirrrnation and belief and as to
thO.tie Inattcr:S 11)ClieVe to he true.
ESTANTS SIC, .
�
PRO 7FSTANT'S rFLFRHONE� NUMFiER((]p(inn2l)
:.,I(.,NEU A r!<aty Inc,r; �����'�7 (760) 32"5-3050
Palm Springs, A IDArF8lGNFU
PROrESTAN VS AonF¢FSs iStrsr..r „r,,,,d,1tf1 e. ,i ,aarP � 08/00/20I f)
S. Stlnli.tic �Vu�. the 4200, Pallrr Sill,in��."('i1'rO22h4
�(tC-510 A
Asset Services
68936 Adelina Road
Cathedral City,CA 92234
T 760 318-7484 x 225
F 760 318-7483
rex@spinellopropertymanagement.com
www.spinellocompanies.com
Rexford T,Olaires
August 5,2010
Ms. Kathleen Barnes
ALCOHOLIC BEVERAGE CONTROL—
Riverside&San Bernadino Region
3737 Main Street, Suite 900
Riverside,CA 92501
RE: Letter of Concern—Korakia Pensione Liquor Licenses&Music Variance
At 257 S. Patencio Rd., Palm Springs,CA 92262-6336
Dear Ms. Barnes:
We manage and rent a residential unit located at 246 Lugo, Palm Springs, CA on behalf of a property owner, Baristo Group,
LLC. This residence is located in a condominium community called St. Baristo. When we became aware that Makar
Enterprises Inc. dba Korakia Pensione applied for liquor licenses and a music variance, we became very
rental unit is directly across the street from their location. We believe that granting the liquor license and mnusic variance will
negatively impact both the resident and the owner of this rental unit.
We feel that there will be increased noise which would infrin e u on our renter's uiet en'o ment of their condo. The St,
Baristo Condo Association in the past has already received noise complaints originating from Korakia. Should their liquor
licenses and music variance be approved, the noise will certainly increase and aggravate an already irritating situation for our
renter and others residents in the St. Baristo community,
In October of 2009, there were car break-ins and theft reported in the same vicinity. When liquor licenses are given, usually
there is an increased flow of traffic. With the higher amount of traffic, we are concerned that this would cause more car
break-ins and theft, therefore a ravatin an existin olice roblem.
Finally, Baristo Group, LLC's main business is renting and selling condominiums in the St. Baristo community. As you probably
are already aware, the real estate market has crashed across the nation and Palm Springs was definitely affected. Assuming
increased noise and crime, this could potentially devalue the property thus making it difficult for Baristo Group, LLC to rent or
sell this condo.
To reiterate, we believe that granting the liquor license and music variance will negatively impact both the resident and the
owner of this rental unit. We are gravely concerned and respectfully ask that you reconsider approving the 2 liquor licenses
and music variance to Korakia.
Sincerely,
� r
Rexford T Olairps
Michael Braun /
Spinello Property Management, Inc. St. Baristo, LLC
For Baristo Group, L.LC (Owner of 246 Lugo)
I Ii ,
644
Asset Services
68936 Adelina Road
Cathedral City,CA 92234
T 760 318-7484 x 225
F 760 318-7483
rex@spinellopropertymanagement.com
wow ,spinellocompanies.com
Rexford T. dlaires
August 5, 2010
Ms. Kathleen Barnes
ALCOHOLIC BEVERAGE CONTROL—
Riverside&San Bernadino Region
3737 Main Street, Suite 900
Riverside, CA 92501
RE: Letter of Concern—Korakia Pensione Liquor Licenses&Music Variance
At 257 S. Patencio Rd.,Palm Springs,CA 92262-6336
Dear Ms. Barnes:
We manage and rent a residential unit located at 266 Lu o Palm S rin CA on behalf of a property owner, Baristo Group,
LLC. This residence is located in a condominium community called St. Baristo. When we became aware that Makar
Enterprises Inc. dba Korakia Pensione applied for liquor licenses and a music variance, we became ver concerned since the
rental unit is directly across the street from their location. We believe that granting the liquor license and music variance will
negatively impact both the resident and the owner of this rental unit.
We feel that there will be increased noise which would infringe u on our renter's uiet en'o ment of their condo. The St.
Baristo Cando Association in the past has already received noise complaints originating from Korakia. Should their liquor
licenses and music variance be approved, the noise will certainly increase and aggravate an already irritating situation for our
renter and others residents in the St. Baristo community.
In October of 2009, there were car break-ins and theft reported in the same vicinity. When liquor licenses are given, usually
there is an increased flow of traffic. With the higher amount of traffic, we are concerned that this would cause more car
break-ins and theft, therefore a ravatin an existin olice rohlem.
Finally, Baristo Group, LLC's main business is renting and selling condominiums in the St. Baristo community. As you probably
are already aware, the real estate market has crashed across the nation and Palm Springs was definitely affected. Assuming
increased noise and crime, this could potentially devalue the property thus making it difficult for Baristo Group, LLC to rent or
sell this condo.
To reiterate, we believe that granting the liquor license and music variance will negatively impact bath the resident and the
owner of this rental unit. We are gravely concerned and respectfully ask that you reconsider approving the 2 liquor licenses
and music variance to Korakia.
Sincerely,
w?
Rexford T. Olaires
Michael Braun �e5S��
Spinello Property Management, Inc. St. Baristo, LLC `"'�r/V
For Baristo Grotip, 11C (Owner of 206 Lugo)
Asset Services
68936 Adelina Road
Cathedral City,CA 92234
T 760 318-7484 x 225
F 760 318-7483
rex@spinellopropertymanagement.com
wvw.spinellocompanies.com
Rexford T,Olaires
August 5,2010
Ms. Kathleen Barnes
ALCOHOLIC BEVERAGE CONTROL—
Riverside&San Bernadino Region
3737 Main Street,Suite 900
Riverside, CA 92501
RE: Letter of Concern—Korakia Pensione Liquor Licenses&Music Variance
At 257 S. Patencio Rd., Palm Springs,CA 92262-6336
Dear Ms. Barnes:
We manage and rent a residential unit located at 286 Lugo. Palm S rin s CA on behalf of a property owner, Baristo Group,
LLC. This residence is located in a condominium community called St. Baristo. When we became aware that Makar
Enterprises Inc. dba Korakia Pensione applied for liquor licenses and a music variance, we became ver concerned since the
rental unit is directly across the street from their location. We believe that granting the liquor license and music variance will
negatively impact both the resident and the owner of this rental unit.
We feel that there will be increased noise which would infringe upon our renter's guiet en' ment of their condo. The St.
Baristo Condo Association in the past has already received noise complaints originating from Korakia. Should their liquor
licenses and music variance be approved, the noise will certainly increase and aggravate an already irritating situation for our
renter and others residents in the St. Baristo community.
In October of 2009, there were car break-ins and theft reported in the same vicinity. When liquor licenses are given, usually
there is an increased flow of traffic. With the higher amount of traffic, we are concerned that this would cause more car
break-ins and theft, therefore aggravatin an existin olice roblem.
Finally, Baristo Group, LLC's main business is renting and selling condominiums in the St. Baristo community. As you probably
are already aware, the real estate market has crashed across the nation and Palm Springs was definitely affected. Assuming
increased noise and crime, this could potentially devalue the property thus making it difficult for Baristo Group, LLC to rent or
sell this condo.
To reiterate, we believe that granting the liquor license and music variance will negatively impact both the resident and the
owner of this rental unit. We are gravely concerned and respectfully ask that you reconsider approving the 2 liquor licenses
and music variance to Korakia.
Sincerely,
Rexford T. Olaires Michael Braun
Spinello Property Management, Inc. St. Baristo, LLC
For Btiristo Group, LLC" (Owner of 286 Lugo)
Asset Services
68936 Adelina Road
Cathedral City,CA 92234
T 760 318-7484 x 225
F 760 318-7483
rex@spinellopropertymanagement.com
www.spinellocompanies.com
Rexford T.Otaires
August S,2010
Ms. Kathleen Barnes
ALCOHOLIC BEVERAGE CONTROL—
Riverside&San Bernadino Region
3737 Main Street,Suite 900
Riverside,CA 92501
RE: Letter of Concern--Korakia Pensione Liquor Licenses&Music Variance
At 257 S. Patencio Rd., Palm Springs,CA 92262-6336
Dear Ms. Barnes:
e manage and rent a residential unit located at 359 Calle Bonita, Palm Springs, CA, on behalf of a property owner, Baristo
Group, LLC. This residence is located in a condominium community called St. Baristo. When we became aware that Makar
Enterprises Inc. dba Korakia Pensione applied for liquor licenses and a music variance, we became very concerned since the
rental unit is directly across the street from their location. We believe that granting the liquor license and music variance will
negatively impact both the resident and the owner of this rental unit.
We feel that there will be increased noise which would infringe upon our renter's quiet eniovment of their condo. The St.
Baristo Condo Association in the past has already received noise complaints originating from Korakia. Should their liquor
licenses and music variance be approved, the noise will certainly increase and aggravate an already irritating situation for our
renter and others residents in the St. Baristo community.
In October of 2009, there were car break-ins and theft reported in the same vicinity. When liquor licenses are given, usually
there is an increased flow of traffic. With the higher amount of traffic, we are concerned that this would cause more car
break-ins and theft, therefore auravating an existin&police problem,
Finally, Baristo Group, LLC's main business is renting and selling condominiums in the St. Baristo community. As you probably
are already aware, the real estate market has crashed across the nation and Palm Springs was definitely affected. Assuming
increased noise and crime, this could potentially devalue the property thus making it difficult for Baristo Group, LLC to rent or
sell this condo.
To reiterate, we believe that granting the liquor license and music variance will negatively impact both the resident and the
owner of this rental unit. We are gravely concerned and respectfully ask that you reconsider approving the 2 liquor licenses
and music variance to Korakia.
Sincerely,
Rexford T. Olaires Michael Braun �&
5pinello Property Management, Inc. 5t. Baristo, LLC ,j
For Baristo Croup, LLC (Owner of 359 Callf� Bonita)
Asset Services
68936 Adelina Road
Cathedral City,CA 92234
T 760 318-7484 x 225
F 760 318-7483
rex@spinellopropertymanagement.com
www.spinellocom panies.com
Rexford T.Olaires
August 5,2010
Ms. Kathleen Barnes
ALCOHOLIC BEVERAGE CONTROL—
Riverside&San Bernadino Region
3737 Main Street, Suite 900
Riverside,CA 92501
RE: Letter of Concern—Korakia Pensione Liquor Licenses&Music Variance
At 257 S. Patencio Rd.,Palm Springs,CA 92262-6336
Dear Ms. Barnes:
We manage and rent a residential unit located at 291 Calle Tran uillo Palm S rin s CA on behalf of a property owner,
Baristo Group, LLC. This residence is located in a condominium community called St. Baristo. When we became aware that
Makar Enterprises Inc. dba Korakia Pensione applied for liquor licenses and a music variance, we became very concerned
since the rental unit is directly across the street from their location. We believe that granting the liquor license and music
variance will negatively impact both the resident and the owner of this rental unit.
We feel that there will be increased noise which would infrinize upon our renter's quiet en'o ment of their condo. The St.
Baristo Condo Association in the past has already received noise complaints originating from Korakia. Should their liquor
licenses and music variance be approved, the noise will certainly increase and aggravate an already irritating situation for our
renter and others residents in the St. Baristo community.
In October of 2009, there were car break-ins and theft reported in the same vicinity. When liquor licenses are given, usually
there is an increased flow of traffic. With the higher amount of traffic, we are concerned that this would cause more car
break-ins and theft, therefore aggravating an existing olice roblem.
Finally, Baristo Group, LLC's main business is renting and selling condominiums in the St. Baristo community. As you probably
are already aware, the real estate market has crashed across the nation and Palm Springs was definitely affected. Assuming
increased noise and crime, this could potentially devalue the property thus making it difficult for Baristo Group, LLC to rent or
sell this condo.
To reiterate, we believe that granting the liquor license and music variance will negatively impact both the resident and the
owner of this rental unit. We are gravely concerned and respectfully ask that you reconsider approving the 2 liquor licenses
and music variance to Korakia.
Sincerely,
Rexford T. Olaires Michael Braun fr"
Spinello Property Management, Inc. St- Baristo, LLC ' d4AW !V�,0/ 7%J
For Baristo Group, LLC (Owner of 291 Calle 1"ranquillo)
Applicant Name: Makar Enterprises Inc dba Korakia Pensione
License / File No.: 70-500326
DATE MUST BE RECEIVED BY:
STATE OF CALIFORNIA
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
PROTESTANT'S / COMPLAINANT'S DECLARATION
John Wessman declare
PRINT YOUR NAME
under penalty of perjury.
That I am the Protestant/ Complainant herein; that I have read my previously-submitted
protest/complaint and know the contents thereof; that the same is true of my knowledge except to
those matters which are therein stated on information and belief and as to those matters I believe
them to be true.
EXECUTED on August 6, 2010 , at
(MONTH-DAY-YEAR)
Palm Springs , California
(CITY)
Signature:
Full Address: 55 S. Sunrise Way, Ste #200
Palm Springs, CA 92264
Phone No. (non-public&optional): (760) 325-3050
Notice to Protestant / Complainant:
• This verification constitutes a personal oath and must, therefore, be signed by each individual
verifying the protest.
• A copy of your valid protest (including your name and address)will be provided to the applicant as a
public record and pursuant to applicant's discovery rights.
AB(3-128(Rev. April 2010)
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Mc[C[1,c t]-cillcidlousk and \\c ivsidcllts mil suffer tOr It. ;As 1� is, vve rcsdcla- have to contln_m \ Ca ul1IIdlo %or e111-c �ll- ,lcc.fl Im\ due to ou I1c"Ice Wid mi-11ts - I - disturbcd. We i11c colicerned.that liquor license rind- clitc,1,11.11111cit Iit,\flt.LTCS ""T
tilt liw�c 1c\cI. disiCS11ccl i'or t1leI ICSI(Iejjts. � 11(1 C OIII111LIII 11,IT111011\ w,11 be d:s1roved. 13% IL1111L w ,IT Isk n hI I-
TI_-.: We 11ave �,ct to rccclvc aliv notice from Korakia and iIsk that vc not
pt- v c not be gramcd. \0
liquor license and C111crtal
have ?lilt 'lot cd us.- Of'SLIC11 not NvIsh to have to subma smunaturcs iMCVCJUSt because Makar L_'nterpriI ses 11a
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- PROTEST -
LIQUOR LICENSE AND ENTERTAINMENT PRIVILEGES BEING GRANTED TO `
MAKAR ENTERPRISE&XORAKIA PENSIONE
Date: 7!1 3!10 6
Page 7 _ of
We the residents of Patencio Road and surrounding streets received a notice from the Alcoholic Beverage Control infornlin{� us that �lal:zii
lnterprises DBA Korakia Pensione has again applied for a liquor license AND entertainment privileges for'`the other side of the street ( r� }�crt.
address: L�7 S_ Patencio. B. Palm Springs, CA. 9226?-b33G). We continue to protest the granting of a liquor license and entertainment pri.IWLII,
glue to the many problems we continue to encounter with some staff. guests, and vendors who provide a myriad of services to the Korakia. In the
past and currently. guests. staff and vendors take our parking spaces (for which we pay rent)_ are noisy (the noise level is very disturbing ,iild
of beyond 10:00 p.m. often) vendors block our parking spaces (we cannot get in or out of our own spaces) and Guests leaN e their trash in th
residents' area. We believe that if a liquor license and entertainment privileges are granted (to and side of the street A or B), the problems v,i}}
increase tremendously and we residents will suffer for it. As it is. we residents have to continually call our landlord (or the in-charge person I an"
local law enforcement due to our peace and rights being disturbed. We are concerned that if a liquor license and entertainment privileges are
uranted. the noise level, disrespect for the rights of residents, and community harmony will be destroyed. By signing belo•\, eve are asking that tl c
liquor license and entertainment privilege not be granted. NOTE: We have yet to receive any notice from Korakia and ask that we not be
consequenced because of such. We do not wish to have to submit signatures anew just because Makar Enterprises have not notified us.
Resident Address Palm Springs CA Resident Name/Print Please , Phone: Signature:
r�South Patencio Rd. Unit A Alia Paula 760: 285 4498 -_
S r� �`�li (�r D _ 32?
l wt�Qna Rd �ra�,ces nfadoi �ci 176fl
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PROTEST
LIQUOR LICENSE AND ENTERTAINMENT PRIVILEGES BEING GRANTED TO
MAKAR ENTERPRISESIKORAKIA PENSIONE
Date: 7/13/10
Page_— of
We the residents of Patencio Road and surrounding streets received a notice from the Alcoholic Beverage Control informing us that Makar
Enterprises DBA Korakia Pensione has again applied for a liquor license AND entertainment privileges for`the other side of the street'(property
address: 257 S. Patencio, B,Palm Springs, CA, 92262-6336). We continue to protest the granting of a liquor license and entertainment privilege
due to the many problems we continue to encounter with some staff, guests, and vendors who provide a myriad of services to the Korakia. In the
past and currently, guests, staff and vendors take our parking spaces (for which we pay rent), are noisy(the noise level is very disturbing and ones
on beyond 10:00 p.m. often) vendors block our parking spaces(we cannot get in or out of our own spaces) and guests leave their trash in the
residents area. We believe that if a liquor license and entertainment privileges are granted (to any side of the street A or B), the problems will
increase tremendously and we residents will suffer for it. As it is,we residents have to continually call our landlord(or the in-charge person) and
local law enforcement due to our peace and rights being disturbed. We are concerned that if a liquor license and entertainment privileges are
granted, the noise level, disrespect for the rights of residents, and community harmony will be destroyed. By signing below, we are asking that the
liquor license and entertainment privilege not be granted.NOTE: We have yet to receive any notice from Korakia and ask that we not be
consequenced because of such. We do not wish to have to submit signatures anew just because Makar Enterprises have not notified us.
Resident Address-Palm Springs,CA Resident Name/Print Please Phone: Signature:
1. 267 South Patencio Rd, Unit A Alia Paula 760: 285-4498
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20.
PROTEST
LIQUOR LICENSE AND ENTERTAINMENT PRIVILEGES BEING GRANTED TO
MAKAR ENTERPRISES/KORAKIA PENSIONE ;
Date: 7113110
Page of
We the residents of Patencio Road and surrounding streets received a notice from the Alcoholic Beverage Control informing us that Makar
Enterprises DBA Korakia Pensione has again applied for a liquor license AND entertainment privileges for"the other side of the street" (property
address: 257 S. Patencio, B. Palm Springs, CA, 92262-6336). We continue to protest the granting of a liquor license and entertainment privilege
due to the many problems we continue to encounter with some staff. guests, and vendors who provide a myriad of services to the Korakia. In the
arking spaces (for which we pay rent), are noisy (the noise level is very disturbing and izoes
past and currently, guests, staff and vendors take our p
on beyond 10:00 p.m. often)vendors block our parking spaces (we cannot get in or out of our own spaces) and guests leave their trash in the
residents' area. We believe that if a liquor license and entertainment privileges are granted (to any side of the street A or B), the problems will
increase tremendously and we residents will suffer for it. As it is,we residents have to continually call our landlord(or the in-charge person) and
local law enforcement due to our peace and rights being disturbed. We are concerned that if a liquor license and entertainment privileges are
granted. the noise level, disrespect for the rights of residents, and community harmony will be destroyed. By signing below, we are asking that the
liquor license and entertainment privilege not be granted.NOTE: We have yet to receive any notice from Korakia and ask that we not be
consequenced because of such. We do not wish to have to submit signatures anew just because Makar Enterprises have not notified us.
Resident Address—Palm Springs, CA Resident Name/Print Please Phone: Signature:
1. 267 South Patencio Rd,Unit A Alia Paula 760: 285-4498
3.
4.
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PROTEST
LIQLOR LICENSE AND ENTERTAINMENT PRIVILEGES BEING GRANTED TO
NIAKAR ENTERPRISESIKORAKiA PFNSTONP
Date:719110
Page �anolice
of
ar
We the residents of Patencio Road and surrounding streets rec.e�vnsND eniertainmentlpric geleges for verage o�otherlin oside of the strrm in g us ee�(property
Enterprises DBA Korakia pensione has again applied for a Liquor isentertainment
address: 257 S. Patencio,B.Palm Springs,CA,92 T with sor staff,
continue to and vendors who Provide anting liquor myriad of services es i thKa aklia. In Lbe
due to the many problems we.continue to encounter with Borne staff,gu
past and currently, guests. staff and vendors take our parking spaces (for which we pay rent},are noisy(the noise level 's very disturbing and goes
on beyond 10:00 p.m.often)vendors block our parking spaces(we carna are out ed(to ans de of the street A or leave
B),the problems will
residents' area. We believe that if a liquor license and entertainment privileges8
increase tremendously and we residents will suffer for it. As it is,we residents have
otha if a liquor license and l our lentertainment pgegessart
and
local law enforcement due to our peace and rights being disturbed. 41�e are conce q
By
granted,the noise level,disrespect for the rights of residents,and communityeharmony will
hnoticed trdestroyed.
Kar signing i and ask th t are
not be g that the
liquor license and entertainment privilege not be granted.NOTE: We have y - -
consequenced because of such. We do not wish to have to submit signatures anew just because?Vlakar Enterprises have not ratified us.
Phone- Signature:
Resident Address—Palm 5 rin s;CA Resident Name/Print Please 760: 285-4499 4&wflrwla,FN
L 267 South Patencio Rd, Unit A Aiia Paula
Dann Parodi 41�: 994-1237 ' 'L-
2. 290 San Jacinto, Art. #3 _� -7
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PROTEST '
LIQUOR LICENSE AND ENTERTAINMENT PRIVILEGES BEING GRANTED TO
MAKAR ENTERPRISESIKORAKIA PENSIONE—SIDE A AND SIDE B
Date: 7I24'10
Page (,e of
We the residents of Patencio Road and surrounding streets received a notice from the Alcoholic Beverage Control inform' `:� us that Makarrc, elt,
Enterprises DBA Korakia Pensione has again applied for a liquor license AND theranntertainment pntof a liquor license andileges for -the otber dei�terta i�� nt prie of the street" g ile{�e
address: 257 S. Patencio, B. Palm Springs. CA. 92262-63 36). `4�e continue to protest In
due to the mane problems we continue to encounter with some staff; guests.hich we nay re}rs .are noile a s• (he noise leriad of vel is ver�s to td disturbing and goes
past and currently, guests. staff and vendors take our parking spaces ( P
on beyond 10:00 p.m. often) vendors block our parking spaces (we
cannot iare g ant d(to ann or out of our y side of the street spaces) and SA or B),tlhe problems t��ill
residents' area. We believe that if a liquor license and entertainm privileges
increase tremendously and we residents will suffer for it. As it is,we residents have to continually call our landlord (or the en-charge person! and
eges are
local law enforcement due to our peace and rights being disturbed. We are concerned that
if a be destroyed.lice e and
e me tainbelom nveparellasking th jt the
granted. the noise level, disrespect for the rights of residents. and community -
liquor license and entertainment privilege not be granted.NOTE: We have vet to receive any notice from Korakia and ask that we not be
consequenced because of such. We do not wish to have to submit signatures anew just because Makar Enterprises have not notified us. --
Phone: Signature:
Resident Address—Palm Springs. CA Resident Name/Print Please 7ho: 28�_4498 ,gT,��cacc
1. 267 South Patencio Rd, Unit A Alia Paula
2.
4.
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Address'266 S Patencio Rd
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rUESDAY,OCTOBER 17 2010 SECTIOti B I{,u111 Vnil :
For all your garage floor needs FAMILY ANO
LIVEIMERUNCY
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(;f 6n ��n
ti j
UNITAED
'Valley ..�. .
760-776-6897
Senior Editor/News:Jim Kelly.(760)778-4767.localnews@thedesertsun.com
1 �• s I I 1 c l 1 1 1 1 1 1 1 1 '1
palm springs
More DUI checkpoints coming o city
ears
gra
igel
Police plan to intensify crackdown as haven' Springs
a "years Wha,rdyyou cull,the efira .ofa ✓ Follow the story
Pakrr Sprutgs polcee have retxivtd What do you gill the detinntion of a
council mulls additional legal remedies �0 Wo in state grants over the past crazy person?Someone who does the Find the special report on drinking and
decade to mitigate theprublem and have same thing over and rna CT-ti gdrf- driving in the Coachella Valley online
Largely used the money for sobriety fererrt results, today at mydaserL am
BY NICOLE G BRAUNLA a month,rotated among the same four, dtadcpomts. "Mayne we tread to do something dif-
The Desert Sun locatiorm Ithitikdnmkdrwingisthc&x>u lJFof fermi[."
Palm Springs police are planning to Also in the works are two checl�oirnts the tourist oommunit}"said Council- ➢ut Couna7woman Ginny Po tt says whetkter he wou. support a ary on h-
widen their net to snare drivers under the itr one evening,starting as e,*as 6 man Lee Weigel.who shed as chief of that is not the way to ga ranee on happy hour.
uitltrerii a p.m. police from 1997 to 2002. `"That's interfairig with how they op- In an e-mail to The Desert Sun,Ire
The city plans to hold DUI dtlrk- 'lhe new talcs come on the heels of a Weigel also said he would would sup- crate their business heat said."1 can't gilled drunken,driving an important is-
points at new locations on Fridays,Sat- Putt Sun investigation that thund Palm port a city ordinarue that restricts happy see the city imposing a law that happy sue.
tudays and possibly Sunclays,according Springs is rated No. I in C2, domia hour prices.Some cities and states have hour is not k pL That's a step in the "In 2007,200tt,and 2009,Palm Springs
toGry Manager David lieady, among cities its size for drunken driving outlawed happyhours and drink speoials wrongdirec ion. Was�rog<t�C'dbytheCalitomia Office of
The deparmnent u discussing adding crashes bc+atuse eip=say it enwurages carces "It all comes ekmn to persurtal rt,spon- Traffic Safety for improvement ut PUI
more l--itions arxd dates,and could do The city has held the-titie every year but live drinking, sibility.' ctnfonxment and reducing dcxvrnenud
so by year's end,said Palm Springs traffic one since AN, "Depending on our ji i isdidion, I Council members Rick Hutcheson traffic anlliaions'Pougnet wrote.
Sgc Paul Ahshire. rU the rate of about once a week a don't think that it would be a bad llea," and Chris Mills did not rerun phone "We welcome the recoymition.Flow-
Palm tiu this year,UUl checkpoints in drunken driver crashes in Palm Springs W 1 said calls and a ttrail+seelcutg contnnene eve we rem in co tnrrr;tcecd to improving
Pain Springs have been on Fridays once Ajid from 2001 to 2008,those crashes We've done things die same way for Mayor Swwe Pougnet dedined to sity those statistic 5'
palm springs 4,-""�ELECTION 2010
sogn
s In■ ■
Indio
t k
a, Ong
aim at
3
■
incumbents
BY sOOi�t
DesertThe Did you miss it?
Signs urgng Indio voters to boy'- previous reports into the misuse of
wtt the three inewnbentsin the City credit cards by city workers in Indio
Council race have popped up, can be found at mydesextran/
They are the product of a group of crediteards
pNM By)AV t111 MUN THE UESWT SUN residents who have Criticized the
Ctie e,r Cor on 16 ;: heryehjcle intora arkin s of d rin t q Irate lnsuranc Cor, '<F2-il city'stinancWsituattwiandwantto integrity, character and Tradership
y.n akM .i. J2 .Lz il_&�:.�.�...
STEVE POUGNET, Mayor
RICK HUTCHESON, Mayor Pro T?Puq V+r17; m„GINNY FOAT, Councilmember N, 18
CHRIS MILLS, Councilmember
LEE WEIGEL, Councilmember
DAVID READY, City Manager
CRAIG EWING, Director of Planning
ADDENDUM
October 31 , 2010
Re: City or Palm Springs Council Meeting November 3, 2010
Makar Enterprises Protest
During the evening of October 30, 2010, Palm Springs Police Dispatch was
requested to send, YET AGAIN, a patrol car to the Korakia Property on
South Patencio to investigate and subdue the event being hosted on their
property (Dispatch event number 1010-P-6338). The noise level was
horrendous and was imposed upon at least 2 square blocks of properties
and residents. For their "event", a moving van provided acoustical
equipment which included half dozen speakers standing 5 or 6 feet tall and
enough lighting for a sporting event. All this for a boutique hotel in an
upscale, quiet Palm Springs neighborhood providing a "Retreat
experience".
In Makar Enterprises attempt to add a bar to their premises they have
indicated that they understand the responsibility of such an addition to the
neighborhood, and that "Though our diligence, past experience and
expertise, we believe that the issuance of a license will not contribute to or
aggravate a police problem". Clearly, there is already a "police problem"
and the rhetoric of Makar Enterprises management is misleading,
inaccurate and absolutely does not alleviate the constant use of City
resources to monitor the Korakia's "events" and business practices.
Makar Enterprises arrogance and clear disregard for neighbors as well as
City ordinances is disappointing. It is our hope that the City of Palm
Springs WILL NOT ALLOW further abuse by granting Makar Enterprises a
"Resolution of Public Convenience or Necessity to sell beer, wine and
distilled Spirits". It is NOT appropriate or responsible in an area with a
population of 6,198 and already 109 existing alcohol permits.
anti C .4'
G. Edward Fine Dr. La L. Pilcher
4�4NItx l
STEVE POUGNET, Mayor
RICK HUTCHESON, Mayor Pro Tern
GINNY FOAT, Councilmember
CHRIS MILLS, Councilmember
LEE WEIGEL, Councilmember
DAVID READY, City Manager
CRAIG EWING, Director of Planning
Re: City of Palm Springs Council Meeting November 3, 2010
NOTICE OF PROTEST
Please accept this as Notice of Protest to the Korakia's (Makar Enterprises,
Inc.) efforts to build a bar on their premises. We have protested both of
their current applications to sell alcoholic beverages as well as their
previous years alcohol sales application with the Department of Alcoholic
Beverage Control.
As you know, the Historic Tennis Club area is a compact, upscale, quiet
neighborhood already surrounded by establishments catering to the sale of
alcohol. In any direction from the Korakia one needs only to walk less than
one (1) or two (2) short blocks to buy an alcoholic beverage. Noise,
parking, and traffic.....in general, congestion.....from the addition of a bar
will absolutely impact the neighborhood in a very negative way. Tourists,
Palm Springs greatest resource, come to the Tennis Club area for safety,
serenity and downtown proximity, the same reason that residents live and
own property here.
Also, in a recent investigation by The Desert Sun newspaper (10/13110
Edition) states that the Palm Springs City Council "Mulls Additional Legal
__ problem_ of drunk diving_ in the City. The
Remedies" to squelch the driving
investigation also found that the City of Palm Springs is `Rated No. 1 in
California for drunk driving accidents crashes and fatalities among cities
of similar size in California'. The City Council and the Police Department
have called "drunk driving an important issue", and plan to intensify a
crackdown on DUI drivers with the City increasing the number of DUI
Check-Points and Check-Point days to this already identified and
dangerous problem. A decision by the City Council which could possibly
approve the granting of a License for Korakia to build a facility to sell more
alcohol in the area would be irresponsible on their part and only exacerbate
the drunk driving problem. The City Council has purportedly directed its'
focus and state grant monies to prevent drunk driving and should stand by
that decision.
We protest based on the grounds that:
1) The premises are located in a primarily residential area, and the
operation of open alcohol sales would interfere with the quiet nature
of the surrounding neighborhood.
2) Parking availability is presently inadequate for the Korakia Hotel
Guests. The approval of a bar would seriously aggravate the already
inadequate parking spaces now available. The parking situation has
already caused an encroachment upon resident's private parking
spaces with illegal Korakia guest parking. Currently their large
delivery trucks block driveways, and create congestion and noise.
No attempt by Makar Enterprises Inc. (Korakia) to mitigate these
situations has been made during their previous attempt at securing
a permit to sell alcohol.
3) Bar business and traffic will increase the number of current calls to
the Police Department and aggravate existing and ongoing problems
concerning the Korakia property.
4) In Makar Enterprises (Korakia) previous effort to secure a permit to
sell alcohol, they were to provide additional parking, enlarge and
enclose their present inadequate trash area, provide around-the-
clock security and notify neighbors with timely information
regarding any special events or parties taking place on their
premises likely to have a negative impact the area. They did not
follow through on any provision.
It is inappropriate to inundate the area with alcohol establishments, as the
residential area does not need an additional outlet for the sale of alcoholic
beverages. Licensing and permitting the premises would create a public
nuisance even beyond what already exists from Korakia's late night noise,
illegal parking and a complete lack of concern from the ownership and
management of Korakia. This residential area will be irresponsibly and
negatively impacted by the addition of a `Bar' on the Korakia premises.
OL RANCH
N N
-.
220 South Patencio Road
Palm Springs, CA 92262
G`. Ed d Fine
Dr. Larry L ilcher
A 6 M SAP
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CITY COUNCIL STAFF REPORT
DATE: November 3, 2010 CONSENT CALENDAR
SUBJECT: REQUEST BY THE KORAKIA PENSIONE HOTEL FOR A RESOLUTION
OF PUBLIC CONVENIENCE (CASE: 5.1251-PCN) IN ORDER TO SELL
BEER, WINE & DISTILLED SPIRITS FOR CONSUMPTION ON
PREMISES AT 231, 250 & 257 SOUTH PATENCIO ROAD AND 251 &
265 LUGO ROAD.
CASE: 5.1251 — PCN
FROM: David H. Ready, City Manager
BY: Craig Ewing, AICP, Director of Planning Services
SUMMARY
The applicant,.Howard Zelefsky of The Korakia Pensione Hotel, is requesting that the
Council adopt a Resolution of Public Convenience or Necessity for the sale of beer,
wine and distilled spirits for consumption on the premises by the hotel's overnight
guests (ABC type 70 license) at the existing hotel located at 231, 250 & 257 South
Patencio Road and 251 & 265 Lugo Road,
RECOMMENDATION:
Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, ADOPTING A RESOLUTION OF PUBLIC
CONVENIENCE IN ORDER TO SELL BEER, WINE & DISTILLED SPIRITS TO HOTEL
GUESTS FOR ON-SITE CONSUMPTION AT THE EXISTING HOTEL LOCATED AT
231, 250 & 257 SOUTH PATENCIO ROAD AND 251 & 265 LUGO ROAD."
BACKGROUND:
The existing hotel consists of multiple buildings on the west side of Lugo Road and both
the west and east sides of South Patencio Road. The applicant has applied for a Type
70 license through the Department of Alcoholic Beverage Control (ABC). According to
I T P N A NO.� _�=_ -
City Council Staff Report November 3, 2010
5.1251-PCN—The Korakia Pensione Hotel Page 2 of 3
the ABC, the "Type 70" license "authorizes the sale or furnishing of beer, wine and
distilled spirits for consumption on the premises to the establishment's overnight
transient occupancy guests or their invitees. This license is normally issued to "suite-
type" hotels and motels, which exercise the license privileges for guests'
"complimentary" happy hour. Minors are allowed on the premises." The ABC will not
issue the license unless the City Council adopts a resolution pursuant to state law,
indicating that the premises will provide for the public convenience or necessity.
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ANALYSIS:
The applicant is applying for a new liquor license at the location for the sale of beer,
wine and distilled spirits. 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.
Currently, the State Department of Alcoholic Beverage Control considers the census
tract that the proposed license is to be located has an "undue concentration" of liquor
City Council Staff Report November 3, 2010
5.1251-PCN—The Korakia Pensione Hotel Page 3 of 3
licenses. The subject property is located within Census Tract #0446.01, which has a
population of 6,198. This tract has 109 active on-sale liquor licenses. Six on-sale
licenses 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.
CONCLUSION:
Staff is recommending approval of Case 5.1251-PCN and adoption of a Resolution of
Public Convenience for the issuance of a type 70 Liquor License for the business
located at the 231, 250 & 257 South Patencio Road and 251 & 265 Lugo Road.
FISCAL IMPACT:
None.
,Zo
r 'g win ICP, Thomas J. Wilso
,vtDkedor of PI n ng Services Assistant City Manager
David H.-Ready, anager
Attachments:
1. 400' Vicinity Map
2. Draft Resolution
3. Letter of Request
4. Letters from Public
U� -'o
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Department of Planning Servicesw E
Vicinity Map
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PANDA,WY
CITY OF PALM SPRINGS
CASE NO.: 5.1251 PCN DESCRIPTION: A request by the Korakia
Pensione Hotel for a Resolution of Public
APPLICANT: Korakia Pensione Convenience or Necessity for a Type 70 ABC
Hotel license in order to sell / offer beer, wine &
distilled spirits at the existing hotel located at
231, 250 & 257 S. Patencio Road and 251 &
265 Lugo Road, Zone R-2, Section 15.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ADOPTING A
RESOLUTION OF PUBLIC CONVENIENCE IN ORDER TO
SELL BEER, WINE & DISTILLED SPIRITS TO HOTEL
GUESTS FOR ON-SITE CONSUMPTION FOR THE
PROPERTY LOCATED AT 231, 250 & 257 SOUTH
BELARDO ROAD AND 251 & 265 LUGO ROAD.
WHEREAS, Korakia Pensione Hotel ("Applicant") has requested the adoption of a
Resolution of Public Convenience or Necessity in order to sell beer, wine and distilled
spirits (Planning Case 5.1251 PCN) at the Korakia Pensione Hotel located at 231, 250
& 257 South Patencio Road and 251 & 265 Lugo Road, Zone R-2, Section 15; and
WHEREAS, the Applicant agrees to sell and / or offer beer, wine and distilled spirits as
an incidental use to the existing hotel operation; and
WHEREAS, the City Council is being asked to adopt a Resolution of Public
Convenience pursuant to the requirements of the California Department of Alcoholic
Beverage Control; and
WHEREAS, the City Council has carefully reviewed and considered all of the evidence
presented in connection with the Resolution of Public Convenience, including but not
limited to the staff report; and
WHEREAS, the applicant has applied with the State of California Alcoholic Beverage
Control for a license to sell beer, wine and distilled spirits in accordance with the
allowances of a license number 70 (On Sale General — Restrictive Service).
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
SECTION 1. The City Council finds that a Type 70 liquor license (On Sale General —
Restrictive Service) at 231, 250 & 257 South Patencio Road and 251 & 265 Lugo Road,
serves the Public Convenience.
ADOPTED THIS 3rd day of November, 2010.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
J
Resolution No.
Page 2
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on ,
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
M A K A R
RIZ.-CEIVED
SFP 1 20010
To Wham it may concern., PLAN N!N 0,SF-'rrw C L g
Makar Properties has applied for a type 70,on sale,general restrictive license for the 28 room Koralfla
Pensione Hotel located at 257 south Patencio Road in the City of Palm Springs:.The license would be
applicable to both sides of the hotel Located on Patencio Road,The Hotel is within,a district comprised
of other small hotels. Korakia Pensione is visited by guests who seek quiet relaxation,outside the main
hub of Palm Springs.The Hotel offers a "Retreat,,axperiorice'not available from other hotels in the area.
Alcohol would only be available to guests of the hotel,and,not the general public.
Makar Properties understands the:responsibility associated with having a license granted. we:hold
licenses in the City of Anaheim (Anaheim Hilton),,and Dana Point and,have an unblemished record.
Through our diligence, past experience and expertise,we believe that the issuance of a licensie.will not
contribute to o,r,aggravate apollice problem.
We respectfully request approval from the Planning Commission and City Council at your next earliest
meeting,
Sin'cerely,
Howard Zelefsky
Ro
MAKAR PPIQPE!PI-IIFS;O-C 410.0,MACARTHUR BLVD, SVI7F,200,14RWRO'r4T'BEACI'I,CA 92660 TLL 94a 2bb%1100 FAX 9119.2'55 11 S 1'JWWMAKARPROPERVIE5,3M
STEVE POUGNET, Mayor
RICK HUTCHESON, Mayor Pro Tern ; i!, 1 � . 21
GINNY FOAT, Councilmember
CHRIS MILLS, Councilmember
LEE WEIGEL, Councilmember
DAVID READY, City Manager
CRAIG EWING, Director of Planning
Re: City of Palm Springs Council Meeting October, S, 2010
NOTICE OF PROTEST
Please accept this as Notice of Protest to the Korakia's efforts to
build a baron their premises. We have protested both of their
current applications to sell alcoholic beverages as well as their
previous years alcohol sales application.
The Tennis Club area is a compact, upscale, quiet neighborhood
already surrounded by establishments catering to the sale of
alcohol. In any direction from the Korakia one needs only to
walk less 1 or 2 short blocks to buy an alcoholic beverage.
Noise, parking, and traffic.....in general, congestion.....from the
addition of a bar will absolutely impact the neighborhood in a
very negative way. Tourists, Palm Springs largest resource,
come to the Tennis Club Area for the same reason that residents
live and own property here.
We protest based on the grounds that:
1) The premises are located in a primarily residential area,
and the operation of open alcohol sales would interfere
with the quiet nature of the surrounding neighborhood.
2) Parking availability is presently inadequate for the Korakia
Hotel Guests. The approval of a bar would seriously
aggravate the already inadequate parking spaces now
available. The parking situation has already caused an
encroachment upon resident's private parking spaces with
illegal Korakia guest parking. Currently their large delivery
trucks block driveways, and create congestion and noise.
No attempt by Makar Enterprises Inc. (Korakia) to mitigate
these situations has been made during their previous
attempt at securing a permit to sell alcohol.
3) Bar business and traffic will increase the number of
current calls to the Police Department and aggravate
existing problems concerning the Korakia property.
4) In Makar Enterprises (Korakia) previous effort to secure a
permit to sell alcohol, they were to provide additional
parking, enlarge and enclose their present inadequate
trash area, provide around-the-clock security and notify
neighbors with timely information regarding any special
events or parties taking place on their premises likely to
have a negative impact the area. They did not follow
through on any provision.
It is inappropriate to inundate the area with alcohol
establishments, as the residential area does not need an
additional outlet for the sale of alcoholic beverages. Licensing
and permitting the premises would create a public nuisance
even beyond what already exists from Korakia's late night noise,
illegal parking (even double parking in the street ) and a
complete lack of concern from the ownership and administration
of Korakia.
This residential area will be irresponsibly and negatively
impacted by the addition of a `Bar' on the Korakia premises.
C.-
4ra Y
G. Edward Fine
220 S. Patencio Road
Palm Springs, CA 92262
arry L., ilcher
220 S. Patencio Road
Palm Springs, CA 92262
David Newell,
We live on 248 Lugo Rd. S. facing the B side of Korakia Pensions,
257 S. Patencio Rd. We strongly oppose the issuance of a liquor
license and music variance to the above property.
Reasons:
Noise from this property already necessitates us closing our
windows at night when there is a function.
All of the street parking, for blocks, is filled with the guests' cars.
Often, garbage is left in the small parking area after an event at
Korkia.
The catering setting-up adds more noise and street congestion,.
The resale value of our condo will be negatively impacted by our
proximity to Korakia.
Our condo was in a relatively quiet neighborhood, and now is
potentially becoming an area of commercial enterprise, which
belongs downtown. Hopefully, the City will consider the negative
impact this property will have on our neighborhood.
Respectfully,
r' 71
1