Loading...
HomeMy WebLinkAbout3/23/2005 - STAFF REPORTS (4) DATE: MARCH 23, 2005 TO: CITY COUNCIL FROM: DIRECTOR OF PLANNING SERVICES REQUEST BY THE HOWARD ARSHOP FOR HOWRADS HOLLYWOOD HANGOUT FOR THE ADOPTION OF A RESOLUTION OF CONVENIENCE IN ORDER TO SELL BEER AND WINE WITHIN THE EXISTING CIGAR AND HOOKAH SHOP LOCATED AT 245 SOUTH PALM CANYON DRIVE, ZONE C-B-D, SECTION 15. RECOMMENDATION: That the City Council consider the adoption of a Resolution of Convenience in order to sell alcohol at Howard's Hollywood Hangout located at 245 South Palm Canyon Drive. A draft resolution is attached. SUMMARY: As per the Zoning Ordinance, Section 92.09.01 allows the sales of alcohol subject to a Conditional Use Permit. The existing cigar and hookah shop proposes to sell beer and wine as an accessory use to their primary use. The Planning Commission, in its meeting on February 9, 2005, voted 6 -0 to approve the Conditional Use Permit to allow Howard's Hollywood Hangout to sell beer and wine only and on- site sales only, subject to the adoption of a Resolution of Convenience by the City Council. The applicant has applied for one liquor licenses through Department of Alcoholic Beverage Control. The one license is the following: License Type of License Number 42 On-Sale Beer and Wine for Public Premises "Source: Department of Alcoholic Beverage Control ABC website The State Department of Alcoholic Beverage Control (ABC) will not issue a license for such a sale unless the City Council adopts, within established time limits, a Resolution pursuant to state law, indicating that the premises will provide for the public convenience or necessity. BACKGROUND The current process is bifurcated in that the Conditional Use Permit is decided by the Planning Commission and the Resolution of Convenience or Necessity is decided by the City Council. Staff asked the ABC whether a Resolution of Convenience could be either approved administratively or when the Planning Commission acts on the Conditional Use Permit. The current ABC procedures require City Council to formally delegate this authority; therefore the application for a Resolution of Convenience is before the City Council now. Staff will bring forward a proposal at a later date, to allow the Planning Commission to decide the Resolution of Convenience or Necessity at the time of decision on the Conditional Use Permit. This would include an appeal process to the City Council if the decision was not satisfactory. Item 2 . D The subject property is in a commercial area. Abutting uses are as follows GP Zone Description North CBD CBD Retail, Restaurant South CBD CBD Retail, Restaurant East CBD CBD Retail, Restaurant West CBD CBD Retail, Restaurant In accordance with Section 23958.4 of the Business and Professions Code which took effect on January 1, 1995, "undue concentration" means the case in which the applicant premises for an original or premise-to-premise transfer of any retail license are located in an area where the ratio of on-sale retail licenses to population in the census tract or census division in which the applicant premises are located exceeds the ratio of on-sale retail licenses to population in the county in which the applicant premises are located. The State Department of Alcoholic Beverage Control will not issue a license for the sale of alcohol at this location without a letter or resolution from the City Council or its designated subordinate officer or body, indicating the premises will provide for the public convenience or necessity. This business differs in use from the surrounding cocktail lounges and liquor stores as the primary land use is a cigar and hookah store and alcohol sales is an accessory use. A finding of "Public Convenience or Necessity" means that the applicant premises will provide for the convenient patronage of the public whereby the convenience does not already exist in the immediate area. Necessity implies that the premise is needed by the community. Currently the State Department of Alcoholic Beverage Control, pursuant to Section 23958.4 of the 1995 state law, considers the City of Palm Springs as over-concentrated relative to establishments that provide alcoholic beverages. State law was enacted to allow local government the opportunity to regulate the number and location of such uses. Currently along Palm Canyon Drive there are two cigar stores as primary land use and none with alcohol sales as an accessory use. Pursuant to Section 23598.4, the local governing body of the area in which the applicant premises are located determines within 90 days of notification of a completed application that public convenience or necessity would be served. The 90-day period shall commence upon receipt by the local governing body of (A) notification by the department of an application for licensure, or (B) a completed application according to local requirements, if any, whichever is later. The applicant submitted an application on January 19, 2005. The attacho� Iraft resolu ' ;n approves the sale of alcohol. r� ,, r C4ir-ector o ning Ser*es City Manager e ATTACHMENTS: 1. Vicinity Map 2. Letter of Request 3. Draft Resolution PROOF OF PUBLICATION This is space for County Clel riling Stamp (2015.5.C.C.P) STATE OF CALIFORNIA County of Riverside No.1001 NOTICE OF PUBLIC HEARING PLANNING COMMISSION CITY OF PALM SPRINGS Case 5.1032 I sun a citizen of the United States and a resident of Conditional Use Permit the County aforesaid;I am over the age of eighteen 245 South Palm Canyon Dave years,and not a party to or interested in the above-entitled matter.I am the principal cleric of a APN: 513753034 printer of the,DESERT SUN PUBLISHING NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Palm Springs, Califor- COMPANY a newspaper of general circulation, N., will hold a ppublio hearing at its meeting of February 9, 2006 The Planning Commission printed and published in the city of Palm Springs, meeunqq begins at 1:30 p.m. (Public Hearings be- Countyof Riverside,and which newspaper has been gg n at 2 00 p.m.) in the Council Chamber at City Hall, 3200 E. Tahqultz Canyon Way, Palm adjudged a newspaper of general circulation by the Springs. Superior Court of the County of Riverside,State of The purpcse of this hearing is to consider an so- line ion by Howard Arshop for a Conditional Use California under the date of March 24,1988.Case Permit to allow the sales of alcohol at an existin Number 191236;that the notice,of which the cigar and Hookah store, located at 245 south Palm Canyon Drive, Zone CBD, Section 75. For- ,annexed is a printed copy(set in type not smaller snout to Section 92.09.01 of the zonin Ordi- nance: liquor stores are allowed in the CB�zone than non pariel,has been published in each regular with a conditional Use Permit.An approval of the Conditional Use Permit by the Planningg Commic- and entire issue of said newspaper and not in any Sion would be final, unless appealed to the City supplement thereof on the following dates,to wit: Council. January 30"' ------------- ----------------------------- --------- ) -------------------------------------------------------------- �- All in the year'2005 1 certify(or declare)under penalty of perjury that the foregoing is true and correct. Dated at Palm Springs,California this----1......day " of------February ,2005 Act ICE q, H,h tegorimayExemp z1on from �/^ �� !f'--� This is eci Iscategorically a.»nw.�oa r,.o •[ce» mentle structuresur, on 15 H �,/ � p I categorically exempt from environ- mental� pursuant to Section meet l Quality -----_____U_-CC.- ------------n-_------------ ---- - --------- Act Ides)), the Environmental Quality O areas the proposed noralcohol sales Signature meets the conditions outlined For minor additions existingto IF any individual or group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at,or pri- or to, the Planning Commission hearing. An opportunity will be given at said hearing for all interested persons to be heard.Questions regard- ing this case may be directed to Matthew Feske, Associate Planner at (760) 323-8245 Si necesita ayuda con esta carta,porfavor home a la Ciudad de Palm Springs y puede hablar can Nadine Fieger.Telefono (760) 323-8245. ., y W,...ne RESOLUTION NO. 21231 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A RESOLUTION OF CONVENIENCE IN ORDER TO SELL BEER AND WINE AT HOWARDS HOLLYWOOD HANGOUT LOCATED AT 245 SOUTH PALM CANYON DRIVE, ZONE C-B-D, SECTION 15. WHEREAS, The Howard Arshop on behalf of Howard's Hollywood Hangout ("applicant") has requested the adoption of a Resolution of Convenience in order to sell alcohol at the existing cigar and hookah store located at 245 South Palm Canyon Drive, Zone C-B-D, Section 15; and WHEREAS, The Howard Arshop on behalf of Howard's Hollywood Hangout ("applicant") agrees to sell beer and wine only; and WHEREAS, the City Council is being asked to adopt a Resolution of Convenience pursuant to the requirements of the Alcoholic Beverage Control Board and applicant; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the Resolution of Convenience, including but not limited to the staff report; and WHEREAS, the applicant has applied with the State of California Alcoholic Beverage Control for a license to sell alcohol: license number 42 — On-Sale Beer and Wine for Public Premises; NOW, THEREFORE, BE IT RESOLVED that based upon the foregoing, the City Council hereby adopts a Resolution of Convenience for the On-Sale Beer and Wine for Public Premises located at 245 South Palm Canyon Drive. ADOPTED this 23rd day of March 2005. AYES: Members Foat, McCulloch, Mills, Pougnet and Mayor Oden NOES: None ABSENT: None ABSTENTIONS: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager Resolution 21231 Pane 2 OF A L M,S�'�i N F Department of Planning Services w E Vicinity Map S rq SITE Xx a BAP.ISTO RD CITY OF PALM SPRINGS CASE NO.: Resolution of Convenience DESCRIPTION: Application by Howard Arshop for a Resolution of Convenience to allow the sales of beer and wine. Location 245 South Palm Canyon Drive, APPLICANT: Howard Arshop Zone CBD, Section 15, APN 513153034.