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HomeMy WebLinkAbout3/19/2008 - STAFF REPORTS - 2.N. ;OF p ALM s'°4 41 V n o� g41POF CITY COUNCIL STAFF REPORT 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 MDF LM1MS.oTy N Department of Planning Services W+E Vicinity Map c'q[rFoaN`p S tl °1101- I �� a i� E PALM CANYON DR CAROB CIR Ro— w w Fes^ ti•� w � +Fr 4 y �:r XFF m Y Legend r 400 feet Radius Y v. site R 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 QQQQ�� Cost Plus,Inc- 200 Fourth Screct Oakland,CiliFormm 94607 ral 510 893 7300 fax 51 O 893 3681 w v%v cng9)1uewnr1dmarkct.c.0m ldommww 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. e-r 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. 1 FED 'I i 00667u;;b ,;.;I. PARKING ANALYSIS BLDG JYPE OF USE LEASABLE BUILDING ARM ( COW IS E. .K, a &OR I V-N Ntr_Y SPRIMSIVEO x 14 40 N]AO p WJOR 2 V-N MLY SPRINkEEtB M fA 00 fappl i WJOA 3 v-N NLLT SPAINKLEffSi-u A•k67 39 35 pv-n luµr SpRlxi{IERED u 1 S Y kUI1R V-trF11LLY3PxlxrcuxFn a fBG1w lujj WOR O V-N NLLY SPnIHk -__N, -25,3fi0 25360 HASITAY AREA SHOP A V-N FULLY SPRINKIERE➢ u ]iaf ]i W ••—..—..—..—..—.—..—..—..—..—..— �•`.—.—.- -..—..—.—.—..—•— —..—.—. FHP v-x FuaYSFRNKLERPA H 3am =R �! SHOP V-N NLLY'SPRTIRK U H 9.318 9.516 SHOP 0 V-N NLLY SPRJAKlR H 7001 ] 1, 00 SHOP E V-N NLLY SPII�ffiR -3,mc 3713 " e o PAryIIGpAP V_N T S�RdCLL 2 FEO _M_ 1486 34 `d; •4 1^ D�h VAN RRLY SpRINHLERFD Y 5013 5D13 `[ 11 1,E.9 tp 3_ ,R. 0 3P MNORS MAJOR "OR MNOR5 •",m•• MAIORB IRE AREA. S783W IF. - ••QK -� Y z R BF °.1W.it 210. B.F. 109W 9P f' 259L1flF. 4- a �3 PSTCA LIN[Nsw;J•'C9 MkHA11s •mB2ays JBNGENG PARKING READ F60 769 5TA1L Qm _— ^•� •,^• at FRO9FA ,J'{' sx T i0i,rC (NWJ01A PER L PER REQWEuSI ) 1/3Y5 n 4 1 ____[• .R B, .• 4°• M_ R A.[ !-o..r--1"e p"."a,P�))� ,ry _ _ -"-- ' caupecr srws(B x 1]): "� -ry ,�� D� k.YR t .R.° SIANOARO syA 9'x 19'): B20 STALLS m 1 -•� OISABfID/LLE55I91E STALLS ]1 51ALLS .I�. osAalEn ACCISSHIIE VAH srA ji' r • ,::, imAy PMANG PRWOOD- r]S STALIS . A. J. _ -I � i........ti1 AI•� L I �, rr ■ ■ r u PAD - o i 1nb9r _ I l— m m Wcileare¢r�s - � � °' Cy I wo Br I I d' 6 • 2� ^W I50,39F 'a 1 -... ,�_... ' `fir ....... ... L o eo 9u .,e .EA5L.pµyA--CANYAN.-0RIVE.. '...... ... ... ..y �� �......- ! H _...---------- . .. ..........................................SITE PLAN ° a I o SMOKETREE COMMONS ❑ O 2465 E PALM CANYON DR, PALM SPRNGS, CALFORNA `I,, -� M R. SONAR[FOOTAGE m�w�—^L TO cemea of Olin ue w.µF paon l�NlYneo — �o-�F• a3y,_ � tlSTr(nY�oF lwc I JI �rJ-•• E ����. _ _ I 1,7 REVISIONS py� 1� 1'Z�'�-I_�..-�_.� 1 •' �..... wm 'I E g 3 , 9Y -�� I _„m„ � ILJI � - II m _ ;I V f LSLL 1 I I ,I' I I O J III I HERIF I'll � � III I I• d °� . ��� I � ` F - q II ...` 1 �y F {1 II APPFOVA4 SIGN OFF on e 4. III ii l� F. il� NAME&DATE , _ L e ( cau2meaiwrcse _ I gglMlgll�Ili u e cq a I�� I' 41ZINI VVcEVEr _� -_ -- ------- - r .. ... ::F �:� w�ro oz.+zn orM cH � I rAPMl wnurces zr-0 ragM FxnnYFm w.LLrosrwn crow wnl< T r.r I SYcvFinauun #295 - PALM SPRINGS, CA - FIXTURE MERCHANDISING PLAN SCALE;1/16"11'-0" DATE:07/30/07 000009 l 1 SQUARE FOOTAGE -�M FINISHED WALL TO CENTER OF SLiN 5 R1IG WALL FROM FINISHES ALL, b START OF RUG WALL dnlD]gG TDT.4L 1B,3o6 1L,3ou +f! STUpG ROOH 1,696 f,53� -,y _ oPmAnays ea: an3 -1 I �'ey w� a..•.az Pf.is main o:i.cm •®mow I -2v A— ii I -yn.7 ��_.. r I rIJ I r - .�5 SWIhG S}qP 2.91� 3.S9f t430 n5 +ae Ell-{- �' usx]WFE'r PR9To.D MEH51 LWA3y 15PL•+f1F�3'lIHG—_ — -- __ — 7-- - COL6Ci KEY REVISIONS 'I � wr�a�� rwMos3 _ ; � � r = ! _ .__ .,,>•.� W a # i I Lt- ;I ` ♦ 3 f ".-..0 ; - ` s � .i souwws 11 I- l O, 1 � } � I I OLSCULFAY WTS g 3�{ MIS JI •r, 3 LLLLJJJ€€ ILEPaJ}-+ 7. - IL�@Rli-: 1 3JI 1 ' - .yn If oewLi• 'Il I _. I�I pgy"y rtJrsT _ uxm ' oGA' �Ii . ! t B9 �' � - PA A :c _ �� I t _ i� -_= I, APPROVAL SIGN OFF Ena sxxos ! t _ ucn i • _ NAME & QATE •y f'y �' MFATS/1K.G'FS eRllG[0.5 �7�] a F 4TaK by .'ll ,i ,tf ! '• ! i - `� - - - - - ; . '� - C4RRIE CROOKER =I,. :} jl � Naiuukx� ra .e 1 S one Larc C 1t f II mxr ss _ Cl d r..r cac _ € r • I.., I ® `� �^"'.u., I ]ENNfFER BEESL EY �� [ II o-vY¢r VYMG LBamm `1 3 ■ 1 �, b CLEDSL II i tj f �.A ' - Pxnw.afe f I ��— e.+c eye _ 5w' 1 : RUa7Y YAOAO .:'. .� L.a.�m w . _ _E�[t •r J f AOAM CHALMERS FROM NISHEI]WALL TO CENTER OF H CH 35'-S" CHAIR WALL • C } ! r 3 P�-��'1 - i I FROM FINISHED WALL TO START OF CHAIR WALL � f29'-1 f STEVECOSURN S #295 - PALM SPRINGS. CA - FIXTURE MERCHAND I ISING PLAN SCALE: 1/16" = 1'-0" DATE: 07/30/07 ! 000009 ! 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 0000��