HomeMy WebLinkAbout11/5/2008 - STAFF REPORTS - 2.H. City of Palm Springs
Planning Commission Minutes
of October 22, 2008
Staff reported that the applicant has requested a continuance this project.
Chair Hochanadel opened the Public Hearing.-
-Sherri Sale, Palm Springs, (lives across t street from the proposed project)
expressed concern with the traffic impact th ay result from the�commercial/retail use-
-John Sanborn, Sanborn A/ E, (engin s for the proje5j-4tgted that they are
requesting a continuance to review th ossibility of eliminatlfig the commercial property
from the tract map. ( " '=
.
There being no further ap rances, the Public Hear(ng,;.was co artinued to November
12, 2008, ,F ,
M/S/C (Conrad/D enfeld, 6-0, 1 absent/Ringlejn) To'*continue to the: meeting of
November 12 08. ;i• <''
3B. Moved to the end of the agenda:),.,,
3C. Case 5.1214 CUPS An application .by Joseph,':Benham of Pete's Wine &
Spirits for a Condttiohal. Use Pernr i6o allow We" operation of a liquor store
`- -=- located at 200 ,Worth"'Ralm Canyon Drive, Zone C-B-D, Section 15, APN: 513-
091-008. (P ,oject.Planndlr ` David A. Newell, Associate Planner)
David A. Newell, Associate, ,,,Ianner,,provided background details as outlined in the staff
report datee(Qotober22, 2,06
Chair'Hachanadel opene'.d the P6trl c}iearing.
-Joseph Benham, owner, '�.tated the purpose of this business is to sell high-end wine &
spirits; and h`as',peen in business for 15 years.
There being no fuiiher appearances, the Public Hearing was closed.
Commissioner Conrad questioned if the General Plan limits the type of use in the CBD
zone given that there are numerous liquor stores on Palm Canyon Drive. Staff
responded that the issue of limiting businesses based on market conditions has
not been raised by the City Council.
Commissioner Caffery expressed concern with a liquor store in the CBD zone especially
the two glass corner walls and the visual appearance from the street.
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City of Palm Springs
Planning Commission Minutes
of October 22, 2008
Chair Hochanadel also expressed concern with the glass windows and the visual
appearance from the street.
Commissioner Donenfeld commended the applicant for his interest in coming downtown
in the midst of all the store vacancies. Commissioner Donenfeld spoke in favor of the
proposed project. ",,,
t,1sl...e.l
Mr. Benham (responding to questions from the Comrl. ion) stated that he has
previously operated One Cork Bottle and One ,,,,5to p:'-,Liquor with no law
enforcement problems. Mr. Benham clarified that the Aohol F3everage Control (ABC)
and the City does not allow signage on the windows�nd'any displaylnust be 3 to 4 feet
from the window. Mr. Benham provided further delta is on the types'bf liquor he plans to
sell. rr' 444
Commissioner Conrad concluded that this is not:..th. '7d'eal Iocation;e"nonetheless,
suggested a time limit could be imposed on the Conditional Use Permit.
M/S/C (Caffery/Conrad, 6-0, 1 absei YlRinglein) To approve,, subject to Conditions of
Approval, as amended:
`,,.
-To direct staff to return with an amendedtresol,ation-aod;Whditions of approval.
-In order to assure co fiaee,with the conditions of approval, the Planning
Commission may review this 'Ill under any of the following circumstances:
a. Two years following,tiie,date':of,the approval-of this Permit.
b. Failure to fallow conditi0ps.ltiF�p�roval,_, --j"
c. Upon any-,public'safety orticode enfo` d6md ent complaints received.
3D. Caii&,5.1213 CUPS-;;pn application by Fame Tobaccon�1 .
t fo onditional
Use Permit to all line tasting (Type 42 ABC License) ed at 155 South
Palm an'yon Drive; $uite A-3 Zone C-B D Section
PN: 513-143-019.
(Project P1a'nner: David A. Newell, Associate Pla r)
David A- Newell, Associate Planner, provided b ground information as outlined in the
staff report dated October 22, 2008.
Staff confirmed that no consum of wine is currently allowed only the retail sale of
wine.
5
OF PALM Spy
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9[IFORN, CITY COUNCIL STAFF REPORT
DATE: November 5, 2008 Consent Calendar
SUBJECT: REQUEST BY JOSEPH BENHAM FOR A RESOLUTION OF PUBLIC
CONVENIENCE (CASE: 5.1214-PCN) IN ORDER TO SELL BEER, WINE
AND SPIRITS AT 200 NORTH PALM CANYON DRIVE.
CASE: 6.1214— PCN
FROM: David H. Ready, City Manager
BY: Craig Ewing, AICP, Director of Planning Services
SUMMARY
The applicant, Joseph Benham, is requesting that the Council adopt a Resolution of
Public Convenience for the sale of beer, wine and distilled spirits for off-site
consumption from the future Pete's Wine & Spirits store located at 200 North Palm
Canyon Drive.
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, WINE & SPIRITS AT 200 NORTH PALM CANYON DRIVE, ZONE CBD,
SECTION 15."
PRIOR ACTIONS:
On October 22, 2008, the Planning Commission reviewed a Conditional Use Permit
application to allow the liquor store use and directed staff to prepare a draft resolution of
approval for the next regularly scheduled meeting of November 12, 2008.
BACKGROUND:
The liquor store is proposed to be within an existing multi-tenant commercial building
that was constructed in 1963. The total building square footage is approximately 4,736
square feet in size and the proposed store will be in a unit that is approximately 1,231
square feet. The unit was previously occupied by a beauty salon with retail. The use
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ITEM! NO.�G --
City Council Staff Report November 5, 2008
5.1214-PCN—200 N. Palm Canyon Drive Page 2 of 3
prior to that was a retail t-shirt store. (Further information about the proposed liquor
store can be found in the attached Conditional Use Permit Planning Commission Staff
Report.)
The applicant has applied for a Type 21 license through the Department of Alcoholic
Beverage Control (ABC) for the liquor store located at 200 North Palm Canyon Drive.
The "Type 21" license authorizes the sale of beer, wine and spirits for off-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,
wine and distilled spirits. The ABC 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 ABC 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 #0446.01. This tract has 14 active off-sale licenses and one pending off-
sale license. Four off-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.
The subject property is in a commercial area. Surrounding uses are as follows:
General Plan Zone Existing Land Use
North CBD (Central Business CBD (Central Business Downtown
District) District) Commercial Shops
South CBD (Central Business Central Business Downtown
District) District Commercial Shops
East CBD (Central Business Central Business Downtown
District) District Commercial Shops
West CBD (Central Business Central Business Desert Fashion Plaza
District) District
C2
City Council Staff Report November 5, 2008
5.1214-PCN —200 N. Palm Canyon Drive Page 3 of 3
CONCLUSION:
Staff is recommending approval of Case 5.1214-PCN and adoption of a Resolution of
Public Convenience for the liquor store to allow issuance of a Type 21 (Off Sale
General) Liquor License located at 200 North Palm Canyon Drive.
FISCAL IMPACT:
None.
wing, Thomas W. Wil
t r Dir of Plar}nif Services Assistant City Nranager
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4,r,Davld H. Ready,�City Manager
Attachments:
1. 400' Vicinity Map
2. Letter of Request
3. Draft Resolution
4. Conditional Use Permit Planning Commission Staff Report
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CITY OF PALM SPRINGS
CASE NO: 5.1214 PCN DESCRIPTION: To consider a request by Joseph
Behnam of Pete's Wine & Spirits to allow the sale of
beer, wine and spirits for off-site consumption from
APPLICANT: Joseph Behnam the future liquor store at 200 North Palm Canyon
Pete's Wine & Spirits Drive, zoned C-B-D, Section 15.
September 23, 2008
City of Palm Springs
To Whorn It May Concern:
My name is Joseph Behnam of fete's Wine and Spirits, requesting letters of necessity
(letters of convenience) for the ABC regarding 200 N- Palm Canyon, Palm Springs, CA
92262.
Please call me to arrange a pick up of the letters upon completion- My phone number is
760-799-6154-
Thank you-
Regards,
Joseph Behnam
PO Box 114
Palm Springs, 92263
SEP 2 5 2008
PLANNING SERVICES
DEPARTMENT
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, OF PUBLIC
CONVENIENCE IN ORDER TO SELL BEER, WINE &
SPIRITS AT 200 NORTH PALM CANYON DRIVE, ZONE
CBD, SECTION 15.
WHEREAS, Joseph Benham ("Applicant") has requested the adoption of a Resolution
of Public Convenience (Case No. 5.1214 — PCN) in order to sell beer, wine and distilled
spirits for off-site consumption from the future liquor store located at 200 North Palm
Canyon Drive; 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 alcohol: license number 21 (Off-Sale General).
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
SECTION 1. The City Council finds that a Type 21 liquor license (Off Sale General) at
200 North Palm Canyon Drive serves the Public Convenience.
ADOPTED THIS 5th day of November, 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
04 FALM, S
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Planning Commission Staff Report
Date: October 22, 2008
Case No.: 5.1214— CUP
Type: Conditional Use Permit
Location: 200 North Palm Canyon Drive
APN: 513-091-008
Applicant: Joseph Benham
General Plan: CBD (Central Business District)
Zone: CBD (Central Business District)
From: Craig A. Ewing, AICP, Director of Planning Services
Project Planner: David A. Newell, Associate Planner
PROJECT DESCRIPTION:
The applicant is requesting a Conditional Use Permit (CUP) for the operation of a liquor
store at an existing commercial building located at 200 North Palm Canyon Drive.
RECOMMENDATION:
That the Planning Commission approve Case 5.1214 — CUP, to allow the operation of a
liquor store at an existing commercial building located at 200 North Palm Canyon Drive.
PRIOR ACTIONS:
None.
P39
Planning Commission Staff Report October 22, 2008
Case 5,1214- CUP Page 2 of 5
BACKGROUND:
The applicant, Joseph Benham, is requesting an approximately 1,231 square foot liquor
store at the northeast corner of North Palm Canyon Drive and Andreas Road (200 North
Palm Canyon Drive). With the approval of this CUP application and a Resolution of
Convenience or Necessity by City Council, a type 21 liquor license (off-site consumption
of beer, wine and spirits) may be issued by the Department of Alcoholic Beverage
Control (ABC). The name of the business will be Pete's Wine & Spirits.
The liquor store is proposed to be within an existing multi-tenant commercial building
that was constructed in 1963. The total building square footage is approximately 4,736
square feet in size_ The liquor store will be located in the suite that is on the first floor
and on the southern half of the building. The hours of operation are proposed to be
between 8 a.m. and 10 p.m., seven days a week.
Table 1: The surrounding General Plan, Zone, Land Uses are below:
General Plan ^� Zone Land Use
North CBD (Central CBD (Central Downtown Commercial Shops
Business District) Business District
South CBD (Central CBD (Central Downtown Commercial Shops
Business District) Business District
East CBD (Central CBD (Central Downtown Commercial Shops
Business District Business District
West CBD (Central CBD (Central Desert Fashion Plaza
Business District) Business District
ANALYSIS:
The subject use is located in the CBD (Central Business District) area of the General
Plan. This designation states, "The CBD serves as the main activity center and cultural
core of the community and, as such, theatres, museums, retail, and other entertainment
venues are encouraged here. Uses such as grocery stores, hardware stores, and
convenience or pharmacy stores that provide services to the Downtown's residential
population are also encouraged." General Plan Land Use Policy LU7.4 states, "Pursue
and attract high-quality retail uses to the City, and specifically to Downtown." The
proposed use will allow a high quality retail use in the downtown area.
The Zoning Code allows liquor stores as a permitted use subject to the approval of a
Conditional Use Permit, pursuant to Section 92.09.01(D)(9). The liquor license issued
by the Department of Alcoholic Beverage Control (ABC) is for a type 21 license which
authorizes the sale of beer, wine and distilled spirits for consumption off the premises
where sold. Minors are allowed on the premises.
Planning Commission Staff keporl October 22, 2008
Case 5.1214-CUP Page 3 of 5
Parking
The site is located within the "D" Downtown Parking Combining Zone. Section
92.26.00(C)(6) of the Palm Springs Zoning Code (PSZC) requires that retail uses
provide a minimum of one space per 400 square Feet of gross floor area. The gross
floor area of the unit is approximately 1,231 square feet and is required to provide 3
parking spaces. The site does not currently have any parking off-street parking.
However, there are on-street parking spaces adjacent to the building.
Pursuant to Section 92.09.04(A)(1) of the PSZC, "Where existing structures are to
remain or be remodeled without a change of use or an increase in floor area, no
additional parking or in-lieu payment will be required." The unit was previously occupied
by a beauty salon with retail. The use prior to that was a retail t-shirt store. The
proposed use is a retail beverage store. Therefore, staff has determined that these
businesses are all retail uses and no additional parking or in-lieu payment is required.
REQUIRED FINDINGS:
The Conditional Use Permit process outlined in Section 94.02.00 of the Zoning Code
requires the Planning Commission to make a number of findings for approval of the
permit. Those findings are analyzed by staff in order below:
1) 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.
Liquor stores are permitted within the Central Business District with the approval
of a Conditional Use Permit pursuant to Section 92.09.01(D)(9) of the Palm
Springs Zoning Code (PSZC).
2) That the use is necessary or desirable for the development of the community, is
in harmony with the various elements of 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 subject use is located in the CBD (Central Business District) area of the
General Plan. This designation states, "The CBD serves as the main activity
center and cultural core of the community and, as such, theatres, museums,
retail, and other entertainment venues are encouraged here. Uses such as
grocery stores, hardware stores, and convenience or pharmacy stores that
provide services to the Downtown's residential population are also encouraged."
General Plan Land Use Policy LU7.4 states, "Pursue and attract high-quality
retail uses to the City, and specifically to Downtown." The proposed use will
allow a high quality retail use in the downtown area.
3) 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
Planning Commission Staff keport October 22, 2008
Case 5.1214- CUP Page 4 of 5
features required in order to adjust such use to those existing or permitted future
uses of land in the neighborhood.
The project does not propose any exterior changes to the site. Minor tenant
improvements may be required to conform to the requirements of the Alcoholic
Beverage Control license_ Any adjustments to the project site will be internal.
4) 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 project site is located along North Palm Canyon Drive, which is designated
as a major thoroughfare on the General Plan Circulation Element. The existing
streets will be able to accommodate the proposed use, as the previous uses
have proven. Therefore, the site for the proposed use in relation to streets is
designed and improved to carry the type and quantity of traffic to be generated
by the proposed use.
5) 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.
Such conditions may include:
a. Regulation of use
b. Special yards, space and buffers
c. Fences and walls
d. Surfacing of parking areas subject to city specifications
e. Requiring street, service road, or alley dedications and improvements or
appropriate bonds
f. Regulation of points of vehicular ingress and egress
g. Regulation of signs
h. Requiring landscaping and maintenance thereof
i. Requiring maintenance of grounds
j. Regulation of noise, vibrations, odors, etc.
k. Regulation of time for certain activities
I. Time period within which the proposed use shall be developed
m. Duration of use
n. Dedication of property for public use
o. Any such other conditions as will make possible the development of the
city in an orderly and efficient manner and in conformity with the intent and
purposes set forth in this Zoning Code, including but not limited to
mitigation measures outlined in an environmental assessment.
At present, there are no changes to the site plan. Staff recommends a condition
of approval that will allow the City to reconsider the CUP if there is a significant
increase in police or other public services provided to the site following initiation
of alcohol sales.
Planning Commission Staff Report October 22, 2008
Case 5.1214- CUP Page 5 of 5
CONCLUSION:
The proposed project is consistent with the use on the site and compatible with the
General Plan and Zoning Ordinance land uses. Staff believes that the required findings
necessary for the approval of a Conditional Use Permit have been made; therefore
recommends approval of Case 5.1214— CUP.
ENVIRONMENTAL DETERMINATION:
Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the project is
Categorically Exempt as a Class I exemption per Section 15301(Existing Facilities).
NOTIFICATION:
A notice of this hearing was mailed to all property owners within a four hundred foot
radius in accordance with state law. As of the date of writing this staff report, staff has
not received any comments.
David A. Newell Airecr
AICP
Associate Planner lann ng ervices
Attachments:
- 400' Radius Map
Draft Resolution with Conditions of Approval
- Site Plan