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Home My WebLink About4/16/2008 - STAFF REPORTS - 2.G. FpALM SA V N R„ m`�ryoneYeo Y°'' c,14/FOUL CITY COUNCIL STAFF REPORT DATE: April 16, 2008 Consent Calendar SUBJECT: REQUEST BY JENSEN'S COMPLETE SHOPPING INC. FOR A RESOLUTION OF PUBLIC CONVENIENCE (CASE: 5.1194-PCN) IN ORDER TO SELL BEER AND WINE AND HOLD WINE TASTINGS AT THE PROPOSED JENSEN'S SUPERMARKET LOCATED AT 2465 EAST PALM CANYON DRIVE, BLDG 7, ZONE CSC, SECTION 26. CASE: 5.1194- PCN FROM: David H. Ready, City Manager BY: Craig Ewing, AICP, Director of Planning Services SUMMARY Staff is requesting that the City Council adopt a Resolution of Public Convenience for off-site sale of beer and wine and on-site wine tasting at the proposed Jensen's Supermarket at 2465 East Palm Canyon Drive, Bldg. 7. 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 AND WINE AND HOLD WINE TASTINGS AT THE PROPOSED JENSEN'S SUPERMARKET LOCATED AT 2465 EAST PALM CANYON DRIVE, BLDG 7, ZONE CSC, SECTION 25." BACKGROUND: The applicant has applied for a Type 21 and Type 42 license through the Department of Alcoholic Beverage Control (ABC) for a proposed Jensen's Supermarket at the Smoke Tree Commons shopping center located at 2465 East Palm Canyon Drive. The request is in association with Case No. 5.1194-PCN. The "Type 21" license authorizes the sale of beer and wine for off-site consumption. The "Type 42" license authorizes on-sale beer and wine for public premises. According to the applicant, the Type 42 license will be used for wine tasting. The Type 21 license will be transferred from its current location on 102 S. Sunrise Way to the proposed location on Smoke Tree Commons shopping center. The Type 42 license is a new application. Item No. 2. G . City Council Staff Report April 16, 2008 5.1194-PCN 2465 E. Palm Canyon Drive Page 2 of 3 STAFF ANALYSIS: The applicant is applying for a Type 21 liquor license at the location for sale of beer and wine and Type 42 liquor license for on-sale beer and wine for public premises. The ABC will not issue a license for such a sale unless the City Council adopts a resolution pursuant to state law, indicating that the premises will provide for the public convenience or necessity. 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 within Census Tract #0448.07 which has 11 existing on-sale licenses and two off-sale licenses. The tract has one pending off-sale license. One off-sale license is 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. Adjacent uses are as follows: General Plan Zone Land Use North High Density Res'I (15.0 - 30.0 PD 48 / PD Multi-Family Residential du/ac) 73 South Estate Res'I (0 — 2.0 du/ac) R-G-A (6) Single-Family Residential East Tourist Resort Commercial PD 107 Timeshare (Desert Isle Resort) Neighborhood Community Shopping Center West Commercial G5 C (Smoke Tree Village) Jensen's Supermarket will relocate this summer from its current location on 102 S. Sunrise Way to the Smoke Tree Commons shopping center. The proposed Jensen's Supermarket store will have approximately 21,000 square feet of retail area. The wine tasting area will be approximately 50 square feet. There will be no wine bar. City Council Staff Report April 16, 2008 5.1194-PCN 2465 E. Palm Canyon Drive Page 3 of 3 CONCLUSION: Staff is recommending approval of Case 5.1194-PCN and adoption of a Resolution of Public Convenience for the proposed Jensen's Supermarket to allow the issuance of a Type 21 (Off Sale Beer & Wine) and Type 42 (On-Sale Beer & Wine for Public Premises) Liquor Licenses located at 2465 East Palm Canyon Drive, Bldg. 7. wig A wing,jin P, Thomas W. =.on, Di cl motor of PlanServices Assistant City anager David H. Ready, City Mana Attachments: 1. 400' Vicinity Map 2. Letter of Request 3. Draft Resolution wO PALMS Ny Department of Planning Services W N NE r Vicinity Map "9S Ll O �p29N x E PALM CANYON DR CAROB CIR J K H t" W Y 2 h k+ '.fir in I� M Legend 400 feet Rad[us Site FR � CITY OF PALM SPRINGS CASE NO: 5.1194- PCN DESCRIPTION: A request by Jensen's Complete Shopping Inc., for a Resolution of Public Convenience for a Type 21 and APPLICANT- Jensen's Complete Type 42 ABC license in order to sell beer&wine and hold Shopping Inc. wine tastings located at 2465 E. Palm Canyon Drive, Bldg. 7, Zone CSC, Section 25. 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 AND WINE AND HOLD WINE TASTINGS AT THE PROPOSED JENSEN'S SUPERMARKET LOCATED AT 2465 E. PALM CANYON DRIVE, BLDG. 7, ZONE CSC, SECTION 25. WHEREAS, Jensen's Complete Shopping, Inc. ("Applicant") has requested the adoption of a Resolution of Public Convenience in order to sell beer and wine and hold wine tasting$ at the proposed Jensen's supermarket located at 2465 East Palm Canyon Drive, Bldg. 7, Zone CSC, Section 25; and WHEREAS, the Applicant agrees to sell beer and wine and hold wine tastings as part of a general retail store; 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 and hold wine tastings: license number 21 (Off Sale Beer and Wine) and license number 42 (On-Sale Beer and Wine for Public Premises). 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 Beer& Wine) and Type 42 (On-Sale Beer and Wine for Public Premises) at 2465 East Palm Canyon Drive, Bldg. 7 serves the Public Convenience. ADOPTED THIS 161h day of April, 2008. David H. Ready, City Manager ATTEST: 009P35 Resolution No. Page 2 James Thompson, City Clerk 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 ooan PS s 7603224703 Jensens 14,4737 02-20-2008' 1 /1 day 74 6ea ...... T66gals ... 102 S.SUNRISE WAY • PALM SPRINGS,CALIFORNIA 92262 (760)325-8282 • FAX(760)322-4703 February 20, 2009 Mr.Edward.Robertson Principal Planner City of Palm Springs,Planning Department 3200 E. Tahquitz Canyon Way Palm Springs, C.A.92263-2743 Dear Mr. Robertson, This summer Iensen's will be relocating to the new Smoketree Commons shopping center located at 2465 Fast Palm Canyon Drive. Per the requirements of the ABC to move our liquor license,I am requesting a letter of public convenience for both our type 21 off sale liquor and wine license, as well as for a type 42 license to be able to hold wine tastings in the store. Please let me know what I may need to do to obtain the letter. Sincerely, Adam M.Zack Vice President PALM DESERT PALM SPRINGS LA Q=A RANCHO MIRAGE BLUE JAY CEDAR GLEN RUNNING SPRINGS WRIGHTWOOD 0 0 0 0