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Home My WebLink About12/3/2008 - STAFF REPORTS - 2.F. ppLM SA ti OF rt ��Z e V N Y C noXnno'°� ,P CITY COUNCIL STAFF REPORT DATE: DECEMBER 3, 2008 CONSENT CALENDAR SUBJECT: REQUEST BY D.R. WEST, LLC, FOR A RESOLUTION OF PUBLIC CONVENIENCE (CASE: 5.1161-PCN2) IN ORDER TO SELL BEER AND WINE AT THE GENE AUTRY PLAZA LOCATED AT THE SOUTHEAST CORNER OF GENE AUTRY TRAIL AND RAMON ROAD. CASE: 5.1161 — PCN2 FROM: David H. Ready, City Manager BY. Craig Ewing, AICP, Director of Planning Services SUMMARY The applicant, D.R_ West, LLC, is requesting that the Council adopt a Resolution of Public Convenience for the on-site sale and consumption of beer and wine for the future Goody's Caf6 at the Gene Autry Plaza shopping center located at the southeast corner of Gene Autry Trail and Ramon Road. RECOMMENDATION: Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OF PUBLIC CONVENIENCE IN ORDER TO SELL BEER AND WINE AT THE SOUTHEAST CORNER OF GENE AUTRY TRAIL AND RAMON ROAD, ZONE W-M-1, SECTION 20." BACKGROUND: The Goody's Cafe is proposed to be located in the future Gene Autry Plaza shopping center located at the southeast corner of Gene Autry Trail and Ramon Road. The 6.55- acre site is presently under construction for the shopping center. The applicant has applied for a Type 41 license through the Department of Alcoholic Beverage Control (ABC). The "Type 41" license (On Sale Beer & Wine — Eating Place) ITEM NO. City Council Staff Report December 3, 2008 5.1161-PCN2—SEC of Gene Autry Trail & Ramon Road Page 2 of 3 authorizes the sale of beer and wine for on-site consumption. 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. ANALYSIS: The applicant is applying for a new liquor license at the location for the sale of beer and wine. 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 City of Palm Springs as having an "undue concentration" of liquor licenses —that is, more liquor licenses per capita in Palm Springs than throughout Riverside County. The subject property is located within Census Tract #0109.00. This tract has fifteen active on-sale beer and wine licenses and zero licenses pending. Two on-sale beer and wine 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. The subject property is in a commercial area. Surrounding uses are as follows: General Plan zone Existing Land Use North Regional W-M-1-P (Planned Research Shopping Center(The Commercial and Development Park) Springs) South Regional W-M-1 (Service / Vacant Commercial Manufacturing) East Regional W-M-1 (Service / Home Improvement Store Commercial Manufacturing) (Lowe's) West Industrial W-M-1 (Service / Gas Station and Vacant Manufacturing) 02 City Council Starf Report December 3, 2008 5.1161-PCN2--SEC of Gene Autry Trail & Ramon Road Page 3 of 3 CONCLUSION: Staff is recommending approval of Case 5.1161-PCN2 and adoption of a Resolution of Public Convenience for the future Goody's Cafe to allow issuance of a Type 41 (On Sale Beer & Wine — Eating Place) ABC License located at the southeast corner of Gene Autry Trail and East Ramon Road. FISCAL IMPACT: None. 'F* ing, A homas W. Wil n,Plan in Services Assistant City anager David H. Ready, C Hager Attachments: 1. 400' Vicinity Map 2. Draft Resolution I Letter of Request Department of Planning Services W N F_ N Vicinity Map sr T E RAMON R❑ T Q s Legend wTT +u v UN ®Legend l 1400 Radius CITY OF PALM SPRINGS CASE NO: 5.1161 PCN2 DESCRIPTION: To consider an application by D.R. West, LLC, for a resolution of public convenience or APPLICANT: D.R. West, LLC necessity in order to sell beer and wine at the southeast corner of Gene Autry Trail and Ramon Road. �;4 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OF PUBLIC CONVENIENCE IN ORDER TO SELL BEER AND WINE AT THE SOUTHEAST CORNER OF GENE AUTRY TRAIL AND RAMON ROAD, ZONE W-M-1, SECTION 20. WHEREAS, D.R. West, LLC, ("Applicant") has requested the adoption of a Resolution of Public Convenience (Case No. 5.1161 — PCN2) in order to sell beer and wine for on- site consumption from the Goody's Cafe located at the southeast corner of Gene Autry Trail and Ramon Road; and WHEREAS, the City Council is being asked to adopt a Resolution of Public Convenience pursuant to the requirements of the Alcoholic Beverage Control Board and applicant; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the Resolution of Public Convenience, including but not limited to the staff report; and WHEREAS, the applicant has applied with the State of California Alcoholic Beverage Control for a license to sell beer and wine under a Type 41 (On Sale Beer & Wine — Eating Place) ABC liquor license. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council finds that a Type 41 liquor license (On Sale Beer & Wine — Eating Place) at the southeast corner of Gene Autry Trail and Ramon Road serves the Public Convenience, ADOPTED THIS 3rd day of December, 2008. David H. Ready, City Manager ATTEST: James Thompson, City Clerk 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 D.R. Nest, LLC. 73-111 El Paseo,Suite 209•Palm Desert,CA 92260• Phone(760)341-9904•Fax(760)340-9194 April 4,2008 Hand Delivered Palm Springs City Council City of Palm Springs 3200 East Tabquitz Canyon Way Palm Springs, California 92262 Re: Request for Public Convenience or Necessity Finding Goody's Cafe Dear Council Members: D.R. West, LLC is the landlord and developer of the planned project located at the corner of Ramon Road and Gene Autry Trail in Palm Springs ("Gene Autry Plaza'. One of the prospective tenants in Gene Autry Plaza is Goody's Cafe. ("Goody's'�. On behalf of Goody's, D.R. West is requesting a finding from the City in accordance with California Business and Professions Code section 23958.4 that public convenience or necessity would be served by allowing Goody's to offer bottled beer and single serving wines for sale at Gene Autry Plaza_ The California Department of Alcoholic Beverage Control (ABC) requires such a finding from the City because of the concentration of other off-site licenses in the area. The surrounding community and Palm Springs' residents will benefit from the convenience and security of"bottled beer and single serving wine offerings, in a safe,well- lighted restaurant environment By having beer and wine available for purchase for in restaurant dining to our customers, we would be providing a service that Coachella Valley patrons have come to expect from Goody's. Goody's is committed to the community for being responsible in providing beer and single serving portions of wine to its customers in a safe, comfortable restaurant setting. Goody's cashiers exercise intense focus on age verification for beer and wine purchases at all of it's restaurant locations_ The beer and wine offerings are presented and controlled in a singular location highly visable to all patrons and Goody's employees. Goody's history of almost 15 years of operations and in multiple Coachella Valley locations (without any ABC incidents) demonstrates that offering beer and wine for sale, along with its high-quality, large portion food products does not interfere with the peace and quiet of nearby neighbors or the surrounding community. We respectfully request that your office make a finding of public convenience or necessity for the sale of beer and wine at the proposed Goody's premises in Gene Autry Plaza. If you have any questions or require any additional information, please feel free to call me at 760-341-9904. RECEW Sincerely, George Nicholas Jr- D.R. West, LLC