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Home My WebLink About9/1/2004 - STAFF REPORTS (17) DATE: SEPTEMBER 1, 2004 TO: CITY COUNCIL FROM: DIRECTOR OF PLANNING SERVICES REQUEST BY MIKE PHELPS FOR THE ADOPTION OF A RESOLUTION OF CONVENIENCE AND NECESSITY IN ORDER TO SELL BEER, WINE AND SPIRITS AT THE MEMBERS- ONLY CLUB WITHIN CLUB TRINIDAD LOCATED AT 1900 EAST PALM CANYON DRIVE, ZONE R-3, SECTION 24. RECOMMENDATION That the City Council adopt a Resolution of Convenience and Necessity in order to sell beer, wine and spirits at the members-only club within the Club Trinidad property located at 1900 East Palm Canyon Drive. SUMMARY Mike Phelps (the "applicant') represents the owner and operator of Club Trinidad, an existing restaurant and nightclub. The applicant desires to sell beer, wine and spirits at the new members-only portion of the club. The State Department of Alcoholic Beverage Control will not issue a license for such sales unless the City Council provides a Resolution indicating that the premises will provide for the public convenience and necessity. BACKGROUND The subject property is in a Hotel / Restaurant area. Abutting uses are as follows Zone GP Description E : R-1-C L4 Single-Family Residential h: R-3, C-D-N H43/21 Multi-Family Residential, Hotel, Vacant R-3 H43/21 Multi-Family Residential, Hotel, Vacant : R-3 H43/21 Multi-Family Residential, Hotel, Vacant In accordance with Section 23958.4 of the Business and Professions Code which took effect on January 1, 1995, the State Department of Alcoholic Beverage Control will not issue a license for the sale of beer and wine at this location without a letter or resolution from the City Council indicating the premises will provide for the public convenience and necessity. A finding of "Public Convenience and Necessity" means that the applicant premises will provide for the convenient patronage of the public whereby the convenience does not already existing in the immediate area. Necessity implies that the premise is needed by the community. Currently the State Department of Alcoholic Beverage Control, pursuant to the 1995 state law, considers the City of Palm Springs to be 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. The proposed site will be a newly remodeled area that will serve alcohol to the members only. There are no new additions proposed, rather a remodel of the existing space. Club Trinidad currently serves beer and wine to its patrons and has a liquor license that dates back to 1999. While there is no Conditional Use permit on record for Club Trinidad, the liquor license was issued and the use permitted. A Condition Of Approval has been added that states, if the Club is to change its business operations in any way, then a new Conditional Use Permit would be required. Director otplanning Services City Manager ATTACHMENTS: 1. Letter of Request 2. Vicinity Map 3. Resolution 4. Conditions of Approval j3A02=*, STATE OF CAI IEORNIA—BI ISINE_CS TRANSPORTATION AND HOUSING AGENCY ARNOI D_SCWAR7EN a GQI . r DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL 42700 Bob Hope Drive,Suite 317 Rancho Mirage,CA 92270 (760)568-0990 April 29, 2004 LETTER OF PUBLIC CONVENIENCE AND NECESSITY Dear Applicant(s): Your application is of a license type which requires a letter from the local city council which indicates that your business will provide for public convenience &necessity. This requirement is pursuant to Section 23958.4 of the Business and Professions Code which took effect on January 1, 1995. This letter is required from the local governing body(i.e.: City Council) as your premises is located in a census tract which is currently over-concentrated with licenses per our Department records. ' Therefore,please contact your local city planning department in order to request this letter. Please note that this letter must be issued by the City Council ONLY, unless the City Council (in writing) has delegated the authority to another City agency or person (i.e.: City Planner or Planning Department) to issue these letters. The absence of this letter or a letter of denying a finding of public convenience &necessity will prompt a denial of your application for an alcoholic beverage license. Please request your letter as soon as possible so as not to delay the processing of your application for an alcoholic beverage license. If you have any questions, please do not hesitate to call. 13n3 N �o pALM Spy' N Department of Planning and Zoning w E u kk Vicinity Map S q<rFoaN CAPRI CIR AVERY DR 0 w w a SITE FRONTAGE RD E PALM CANYON DR )qq CITY OF PALM SPRINGS RESOLUTION c`) / OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A RESOLUTION OF CONVENIENCE AND NECESSITY IN ORDER TO SELL BEER, WINE AND SPIRITS AT A MEMBERS-ONLY CLUB LOCATED AT 1900 EAST PALM CANYON DRIVE, ZONE R-3, SECTION 24. WHEREAS, Mike Phelps ("applicant') has requested the adoption of a Resolution of Convenience and Necessity in order to sell beer and wine at a members-only club located at 1900 East Palm Canyon Drive, Zone R-3, Section 24; and WHEREAS, the City Council is being asked to adopt a Resolution of Convenience and Necessity pursuant to the requirements of the Alcoholic Beverage Control Board; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the project, including but not limited to the staff report; and WHEREAS, all Conditions of Approval established at the time the use was established are to remain in full force and effect; and WHEREAS, the applicant has applied with the State of California Alcoholic Beverage Control for a license to sell alcohol, limited it to the sale of beer and wine. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby adopts a Resolution of Convenience and Necessity for the sale of beer, wine and spirits located at 1900 East Palm Canyon Drive, subject to the attached conditions of approval. ADOPTED this 1st day of September 2004. AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By: City Clerk City Manager REVIEW AND APPROVED AS TO FORM: CONDITIONS OF APPROVAL 1900 EAST PALM CANYON DRIVE SEPTEMBER 1, 2004 Before final acceptance, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning and Zoning, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. 1. The premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning the granting of Convenience and Necessity for the sale of beer, wine and spirits. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein 3. This Resolution of Convenience and Necessity is valid for the sales of beer, wine, spirits or other Alcoholic Beverages in the members-only portion of the club 4. If the operations of the members-only club changes and/or the ownership changes, a new Conditional Use Permit will be required. BUILDING DEPARTMENT 5. Prior to any construction on-site, all appropriate permits must be secured. ENGINEERING 6. None