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Home My WebLink About2/20/2008 - STAFF REPORTS - 4.A. o� pA4M SA� City of Palm Springs Planning & Zoning Department C�LIFO `* Date: February 13, 2008 To: City Council From: David Ready, City Manager via Craig Ewing, AICP, Director of Planning Services Subject; Case No. 5.1167 PCN SUMMARY Sobhy Youssef, applicant and owner, is requesting the approval of a Resolution of Public Convenience and Necessity for a Type 20 license which would allow him to sell liquor for off-site consumption. On December 19, 2007, City Council directed staff to further research whether the proposed liquor store on an existing automobile service station on 1708 N. Palm Canyon Drive meet the standards required by the Palm Springs Zoning Code (PSZC). This report analyses the service station against the applicable provisions of the Zoning Code. Staff recommends the City Council approve the Resolution of Public Convenience. ANALYSIS Section 94.02.00(H)(2)(m) of the PSZC requires the following condition for liquor stores operating within an automobile service station: Sales of beer, wine, liquor or other alcoholic beverages from the same location as gasoline and other motor vehicle fuel sales may be permitted under the following conditions: i. Such sales must be offered only in conjunction with the secondary retail sale of food, groceries and sundries in which not less than fifty(50)percent by value of the retail sales of all products, other than gasoline and other motor vehicle fuels, comprises sales of products other than beer, wine, liquor and other alcoholic beverages. The applicant has submitted a floor plan of the site indicating where alcohol will be served. The site is approximately 20,072 square feet. The retail area as defined by the above condition is approximately 400 square feet. A small section is dedicated to displays of alcoholic beverages. The applicant has stated that less than 50% of his sales come from liquor sales. From his statement, and from the floor plan that shows less than half of the floor area dedicated to alcohol sales, the proposal meets the condition (i) of Section 94.02.00(H)(2)(m) of the PSZC. Item 4 . A . The applicant shall obtain a Conditional Use Permit to operate the liquor store. However, the Planning Department usually does not process the requests for PCN resolutions and CUP applications concurrently as each are separately reviewed by two different legislative bodies—the Planning Commission for the CUP and the City Council for the PCN resolution. For CUP applications requiring a PCN resolution, the resolution must first be approved before the issuance of the CUP as in this case. The purpose of the PCN resolution is not to issue a use permit, but to satisfy a requirement by the California Department of Alcohol and Beverage Control (ABC) before issuing a liquor license that the City finds the premises in question provide for the public convenience or necessity despite an undue concentration of liquor licenses. Review of the proposal's full compliance with the PSZC will commence once the City Council approves the request for a PCN resolution. Attachments: -Floor Plans of 1708 N. Palm Canyon Drive -Draft City Council Resolution and Staff Report dated January 9, 2008 r g A. jiICP, Thomas W.O ilson, Direct or of ng Services Assistant City Manager David H. Ready, Cit Hager Department of Alooholic Beverage Cpnlrol Stale or G&ira_T a„a LICENSED PREMISES DIAGRAM (RETAIL) ARNOLO SCHWARZENEGGER,Govarnor 1. APPLICANT NAME (LU,11,11,mcldle) 12, LICENSE TYPE 8 PREMISESADORCSS pVaelnummanenamc wopcodq I4. NEAREST GROSS STREET T The diagram bslor)r is a true and correct description of the entrances, exits, interior walls and exterior boundaries'of the premises to be licensed, including dimensions. L-bMpl E TE IN I N K DIAGRAM . . . . . . .. . . . .. . . . . . . .. . . . . . . . . . uc l S7ADoIA . . . . . . . . . MOO, MARk� ; sromkaE• . . . . . . . . . . . . . . . . . . . . : . . . . 1. y . . OFFItE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . AtJ,T.O. .MPctfAglr, . . . . . . . . . . . . . . . . . . . . . . . . . . . IwfoP . . . . . . . t is hereby declared that the above-described boundaries, entrances and planned operation as mdicaMd'on the reverse ide, will not be changed without first notifying and securing prior written approval of the Department of Alcoholic leverage Control. I declare under penalty of perjury that the foregoing is true and correct. LICANTSIGNATURE(Dnlyone.Ipnuum 4qulmdl ]DATE SIGNED O O a q FOR ABC USE ONLY e7 TIFIED CORRECT (Srpnelure) [PRINTED NAME ^'^^^^" ^•—� - Deportment of Alcoholic Beverage Control I State;of California SUPPLEMENTAL DIAGRAM ARKDLD SCHWARZENEGGER,Governor Instructions zo Applicant: Draw a sketch of the area on which the licensed premises is or will be located Show adjacent structures and nearest cross streets. Tf this is an event for a daily license, catering authorization or miscellaneous use, show the area where sales and conauniption of alcoholic beverages will occur Post a copy of this diagram with Daily License, CateringAurhorization or Event Authorization where the event is held. Sales and consumption of alcoholic beverages must be confined to the area designated in the diagram and supervised to prevent violations of the Alcoholic Beverage Control Act. 1 APPLICANT NAME (Leal fintl middle) 2. LICENSETYPE PREMISESS AooRES& (Snot number and rams city zip coda) _ 4 NEAREST CROSS STREET DIAGRAM . . . . . . . . . . . . . . . . . . . . . . . .�. . . . . � .'y. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . �. . . . . . . . . . . . . . . . . . . . . . . . . .�. . . . . . . . . . . . . . . _ . NitcRkG�C . . . . . 4U7o . ktP'cHA.N1C . . . . . . . . . . pt. . . . . . . . . . . . . . . . . . . . . . SHOP. . . . . . . . . . . . . . . . . �. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .IS Lht`1D. . . . . . . . . . . . . . . . . . . . . . . . . . 0. . . . . . .. . . . . , . . . . . . . . . . . . . . . . . . . �` . . . . . d .GA5 POMP. . . . . . . . . . . . . . . . . . . . . : . . . . .. . . . . . : : . : . . . . .�. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . h :� .a; . . . . . .� . . JWN Y21800 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . � ti 1.�':,=w`;?. . . . i have read the above instructions and I declare under penalty of perjury that the above is true and correct. diagrE r^ _ APPLICANT SIGNATURE ilv b SIGN FOR ABC USE ONLY ~ 7ERTIFIEO CORRECT (Signature) PRINTED NAME INSPECTION DATE QQQQ�Y�i \BC-253(12 U) FpALM 8p J.a 1py e V N 9[/FOR CITY COUNCIL STAFF REPORT DATE: February 20, 2008 Consent Calendar SUBJECT: REQUEST BY SOBHY YOUSEF FOR A RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY (CASE: 5.1167-PCN) IN ORDER TO SELL BEER AND WINE AT THE SHELL GAS STATION LOCATED AT 1708 NORTH PALM CANYON DRIVE, ZONE C-1, SECTION 3. CASE: 5.1167- PCN FROM: David H. Ready, City Manager BY: Craig Ewing, AICP, Director of Planning Services SUMMARY Staff is requesting that the Council adopt a Resolution of Public Convenience for off-site sale of beer and wine for the Shell Service Center at 1708 North 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 SHELL SERVICE CENTER LOCATED AT 1708 NORTH PALM CANYON DRIVE, ZONE C-1, SECTION 3." BACKGROUND: The applicant has applied for a Type 20 license through the Department of Alcoholic Beverage Control for an existing gas station and market at 1708 North Palm Canyon Drive. The request is in association with Case No. 5.1167. The "Type 20" license authorizes the sale of beer and wine for off-site consumption. STAFF ANALYSIS: The applicant is applying for a new liquor license at the location (for beer and wine only). The California Department of Alcoholic Beverage Control will not issue a license for such a sale unless the City Council adopts a resolution 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. DDDDD� City Council Staff Report February 20, 2008 5.1167-PCN 1708 N. Palm Canyon Drive Page 2 of 3 In accordance with Section 23958.4 of the Business and Professions Code which took effect on January 1, 1095, "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 #0446.01 which has 111 on-sale licenses and 15 off- sale licenses. The tract has two additional pending off-sale licenses. 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. Abutting uses are as follows: GP Zone Description North Tourist Resort Commercial C-1 Church South Mixed Use/Multi-Use C-1 Baker's Square (Restaurant) East Tourist Resort Commercial C-1 Uptown Grill (Resturant) West Tourist Resort Commercial C-1 Williams Office Building The applicant has submitted a floor plan of the site indicating where alcohol will be served. The site is approximately 20,072 square feet. The retail area as defined by Section 94.02.00(H)(2)(m) of the PSZC is approximately 400 square feet. A small section is dedicated to displays of alcoholic beverages. The applicant has stated that less than 50% of his sales come from liquor sales. From his statement, and from the floor plan that shows less than half of the floor area dedicated to alcohol sales, the proposal meets the condition (i) of Section 94.02.00(H)(2)(m). 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. CONCLUSION: Staff is recommending approval of Case 5.1167-PCN and adoption of a Resolution of Public Convenience for the Shell Service Center store to allow the issuance of a Type 20 (Off Sale Beer& Wine) Liquor License located at 1708 North Palm Canyon Drive. Mons City Council Staff Report December 19, 2007 5.1167-PCN 1708 N. Palm Canyon Drive Page 3 of 3 rig Af AICP, Thomas W. Wils JJ Director of Planning Services Assistant City Manager David H. Ready, City Man Attachments: 1. 500' Vicinity Map 2. Letter of Request 3 Draft Resolution Utoo , Department of Planning Services INVicinity Map wE S yj VIA ESCU ELA MARISCAL RD 1j 7 Legend — � - SI}P of 0 500 feet O } VISTA CHINO SH-111 TH T 0 c VIA DEL SOFF LL i U � �� E CHUCKWALLA RD c� STEVENS RD p z Cr 2 I` EL w z STFVFNS RD 7 Q3 Y r -+ IT- I CITY OF PALM SPRINGS CASE NO: 5.1167 PCN DESCRIPTION: A request by Sobhy Yousef for a Resolution of Public Convenience or Necessity to sell alcohol at the Shell APPLICANT: Sobhy Yousef, Shell Service Center located at 1708 N. Palm Canyon Drive, Zone C- Service Station 1, Section 3, APN: 504-320-010. RESOLUTION NO, 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 SHELL SERVICE CENTER LOCATED AT 1708 NORTH PALM CANYON DRIVE, ZONE C-1, SECTION 3. WHEREAS, Sobhy Yousef ("Applicant") has requested the adoption of a Resolution of Public Convenience in order to sell alcohol at the Shell Service Center located at 1708 North Palm Canyon Drive, Zone C-1, Section 3; and WHEREAS, the Applicant agrees to sell alcohol as part of a automobile service station and general retail; 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 1708 North Palm Canyon Drive serves the Public Convenience. ADOPTED THIS 20th day of February, 2008. David H. Ready, City Manager ATTEST: James Thompson, City Clerk 0o®001 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 000010 SOBHY YOUSEF YOUSEF SERVICE CENTER �� 7 �L ,tip DEAR; CRAIG A. EWING MY NAME IS SOBHY YOUSEF OWNER AND OPERATOR OF YOUSEF SERVICE CENTER LOCATED AT 1708 N. PALM CANYON, PALM SPRINGS, CA, 92262 UP AND REQUEST FROM ABC I NEED AN APPROVAL FOR PUBLIC CONVINIENT AND NECESSITY. I WOULD APPRECIATE YOUR APPROVAL. SINCERLY, SOBHY YOUSEF `s 116 -7 �C