HomeMy WebLinkAbout3/19/2008 - STAFF REPORTS - 2.N. ;OF p ALM s'°4
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DATE: March 19, 2008 Consent Calendar
SUBJECT: REQUEST BY RHODA L. REGALADO FOR A RESOLUTION OF PUBLIC
CONVENIENCE (CASE: 5.1191-PCN) IN ORDER TO SELL BEER AND
WINE AT THE COST PLUS WORLD MARKET LOCATED AT 2465 EAST
PALM CANYON DRIVE, ZONE PD 312, SECTION 25.
CASE: 5.1191- 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 at the Cost Plus World Market at 2465 East Palm Canyon
Drive.
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 AT THE COST PLUS
WORLD MARKET LOCATED AT 2465 EAST PALM CANYON DRIVE, ZONE PD 312,
SECTION 25."
BACKGROUND:
The applicant has applied for a Type 20 license through the Department of Alcoholic
Beverage Control (ABC) for a proposed Cost Plus World Market at the Smoke Tree
Commons shopping center located at 2465 East Palm Canyon Drive. The request is in
association with Case No. 5.1191-PCN. The "Type 20" license authorizes the sale of
beer and wine for off-site consumption. According to the applicant, the Type 20 license
will be transferred over from the existing Cost Plus World Market in Palm Desert. The
Palm Desert store will be closed before the opening of the Palm Springs location in the
Smoke Tree Commons shopping center.
ITEM NO. Or
City Council Staff Report March 19, 2008
5.1191-PCN 2465 E. Palm Canyon Drive Page 2 of 3
STAFF ANALYSIS:
The applicant is applying for a new Type 20 liquor license at the location for sale of beer
and wine. The California Department of Alcoholic Beverage Control 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'] (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)
West Neighborhood Community C-S-C Shopping Center
Commercial (Smoke Tree Village)
Cost Plus World Market is a retailer of a wide variety of merchandise from around the
world. The proposed Cost Plus World Market store will have 15,222 square feet of retail
area. The beverage area will be approximately 1,141 square feet of the total retail area.
A Resolution of Public Convenience from the City Council is still necessary for the ABC
to issue a license to address the area's undue concentration.
000002
City Council Staff Report March 19, 2003
5.1191-PCN 2465 E. Palm Canyon Drive Page 3 of 3
CONCLUSION:
Staff is recommending approval of Case 5.1191-PCN and adoption of a Resolution of
Public Convenience for the proposed Cost Plus World Market store to allow the
issuance of a Type 20 (Off Sale Beer & Wine) Liquor License located at 2465 East Palm
Canyon Drive.
a A wing,6A) omas W. W' on,
Dire or of Planervices Assistant City Manager
David H. Ready, City Mana
Attachments:
1. 400' Vicinity Map
2. Letter of Request
3. Floor Plan and Site Plan
4. Draft Resolution
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Department of Planning Services
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Vicinity Map
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CITY OF PALM SPRINGS
CASE NO: 5.1191 - PCN DESCRIPTION: A request by Rhoda L. Regalado of Cost
Plus World Market for a Resolution of Public Convenience for
APPLICANT: Rhoda L. Regalado of a Type 20 ABC license in order to sell beer & wine located at
Cost Plus World 2465 E. Palm Canyon Drive, Zone PD 312, Section 25.
Market
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Cost Plus,Inc-
200 Fourth Screct
Oakland,CiliFormm 94607
ral 510 893 7300
fax 51 O 893 3681
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WORLD MARKET,
February 14, 2008
City of Palm Springs
Department of Planning
3200 East Tahquitz Canyon Way
Palm Springs, CA 92263
Re: Request for Resolution of Convenience and Necessity
To Whom it May Concern:
Cost Plus, Inc. has applied for a Type 20 off premise beer and wine license for its new Cost Plus
World Market retail store opening at the new Smoke Tree Commons shopping center at the
southwest corner of East Palm Canyon Drive and Baiona Road. The address for the store will be
2465 East Palm Canyon, Building 4, Palm Springs, CA 92264 and the store will open on or
about.Tune 3,2008, The beer and wine license for the Cost Plus World Market store will be
transferred from the existing Cost Plus World Market store at 44439 Town Center Way in Palm
Desert-The Palm Desert store will be closing a few days before the new store opens. Although
both of these stores are located in Riverside County and there is no net increase in off premise
beer and wine licenses as a result of the transfer,the two stores are in different Census Tracts,
The Palm Desert store is in Census Tract 0451.07 and the new Palm Springs store is in Census
Tract 0448,07.
The Department of Alcoholic Beverage Control office located in Rancho Mirage requires Cost
Plus to obtain a better of Public Convenience or Necessity from the City of Palm Springs due to
the overconcentration of off premise licenses. Although we applied to the ABC back in October
2007, the agency has just now advised me that they require the Letter of Public Convenience or
Necessity.
There are two licenses currently issued and only one allowed in Census Tract 0448-07. The
issuance of the Type 20 license for the Cost Plus World Market store would be the third off
premise license in the census tract but it would be the only Type 20 license (off premise beer and
wine)as the other two are Type 21 licenses (off premises general spirits,beer and wine).
The existing Type 21 licenses have been issued to Longs Drug Stores at 1785 East Palm Canyon
Drive in.Palm Springs and Ralph's Grocery Store at 1733 East Palm Canyon Drive in Palm
Springs. Each of these two stores is located about one-half of a mile away from the new Costl=1�k;k_,xVl, "
as ��. ., s,c,
Plus World Market store.
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The new Cost Plus World Market in Palm Springs would be unique w•{he area in the types of
beer and wine products carried in its store- I have attached a description of the wide variety of
merchandise carried in a Cost Plus World Market store for your reference. I have also attached
photos of the merchandise, a copy of the site plan, a copy of the floor plan and a check for
$850.00 to cover the request for Resolution of Convenience and Necessity.
I hope you find everything in order. If you have any questions or need any other information
please contact me at(925) 376-2794.
Thank you for your assistance.
Very truly yours,
Rhoda L. Regalado
Beverage Licensing Manager
+ ,'"'",
Cost Plus, Inc.
Cost Plus World Market Stores
Cost Plus, lnc. is a major retailer specializing in the sale of a wide variety of home
living and entertaining products. Such products include, glassware,baskets, cookware,
home furnishings, pottery, bath items, gourmet.foods,coffee,tea, candy and wine and
beer from around the world. Cost Plus,hic. is headquartered in Oakland, California and
presently has two hundred and ninety-seven Cost Plus World Market stores open in the
United States.
Cost Plus is unique in the wide variety of beer and wine products it offers to its
customers. The Cost Plus World Market stores sell imported wine, domestic wine and
wine from boutique wineries as well as microbrewery craft beer and imported beer. Beer,
fortified wine and unfortified wine sales are for off premise consumption only. The store
offers a number of different types of beer and wine from the United States and around the
world that are not sold in a Longs Drug Store and in a Ralph's Grocery Store. The
varieties of wine number over 500 and there are nearly 100 different types of specialty
crafted beers. All of these products are reasonably priced and of excellent value for home
entertaining. The gourmet food area of the store provides Cost Plus World Market
customers with many wonderful items that can accompany their beverage purchases.
Such products make wonderful gifts as well. The many specialty home living and
entertaining products which are offered for sale add to the uniqueness of the Cost Plus
World Market shopping experience and would provide a unique business to Palm
Springs. The ability to sell beer and wine is critical to the overall concept of providing the
customer with a one stop shopping experience for specialty items from around the world.
The normal hours of operation are from 9am to 9pm Monday through Saturday
and from 1 Oam to 8pm on Sunday. During the holiday shopping seasons the stores open
earlier and stay open later.There are usually fifteen employees on the store premises at
all times during the normal business hours with perhaps as many as thirty employees on
the store premises during the busy holiday season. All employees receive excellent
training that includes a review of the ABC rules and regulations pertaining to receiving,
stocking,displaying and selling beer and wine. There is a beverage manager for each
store who is very knowledgeable about the beer and wine sold in the store and can assist
all customers' requests.
The total square footage of the Cost Plus World Market store in the Smoke Tree
Commons shopping center will be 18,306 square feet and the sales floor is 15,222 square
feet. The beverage area will be approximately 1,141 square feet(approximately 7.5%of
the sales floor space). In addition,there will be some cross merchandising of the beer and
wine as an accent to other departments within the store.
Enclosed please find some photos of some of the merchandise carried in a typical
Cost Plus World Market store.
Cost Plus believes that this Cost Plus World Market store in Palm Springs would
provide the citizens of the area with an opportunity for a wonderfully unique shopping
experience.
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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 AT THE COST PLUS WORLD MARKET
LOCATED AT 2465 EAST PALM CANYON DRIVE,
ZONE PD 312, SECTION 25.
WHEREAS. Rhoda L. Regalado ("Applicant') has requested the adoption of a
Resolution of Public Convenience in order to sell beer and wine at the Cost Plus
World Market located at 2465 East Palm Canyon Drive, Zone PD 312, Section
25; and
WHEREAS, the Applicant agrees to sell beer and wine 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: license number 20 (Off Sale Beer
and Wine).
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. The City Council finds that a Type 20 liquor license (Off Sale Beer
& Wine) at 2465 East Palm Canyon Drive serves the Public Convenience.
ADOPTED THIS 19th day of March, 2008,
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
000010
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
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