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Home My WebLink About1/16/2008 - STAFF REPORTS - 2.H. ;p�p P-LM S,� iy c V N Y �o CITY COUNCIL STAFF REPORT DATE: January 16, 2008 Consent Calendar SUBJECT: REQUEST BY THE VONS COMPANIES FOR A RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY (CASE: 5.1025-PCN) IN ORDER TO SELL BEER, WINE AND DISTILLED SPIRITS FOR OFF- SITE CONSUMPTION AT THE VONS GROCERY STORE LOCATED AT THE NORTHWEST CORNER OF TAHQUITZ CANYON WAY AND SUNRISE WAY, ZONE RA, SECTION 14. CASE: 5.1025- 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 the oft- site sale of beer, wine and distilled spirits for the future Vans grocery store located at the northwest corner of Tahquitz Canyon Way and Sunrise Way. 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, WINE AND DISTILLED SPIRITS AT THE VONS GROCERY STORE LOCATED AT THE NORTHWEST CORNER OF TAHQUITZ CANYON WAY AND SUNRISE WAY, ZONE RA, SECTION 14." BACKGROUND: The applicant has applied for a Type 21 license through the Department of Alcoholic Beverage Control for the Vons grocery store at the northwest corner of Tahquitz Canyon Way and Sunrise Way. The "Type 21" license authorizes the sale of beer and wine for off-site consumption. The State Department of Alcoholic Beverage Control will not issue the license unless the City Council adopts a resolution pursuant to state law, indicating that the premises will provide for the public convenience or necessity. ITEM NO. City Council Staff Report January 16, 2008 5.1025-PCN NWC of Tahquitz Canyon Way and Sunrise Way Page 2 of 3 ANALYSIS: The applicant is applying for a new liquor license at the location for the sale ofbeer, wine and distilled spirits. The Department of Alcoholic Beverage Control is requiring a resolution from the City Council to approve an "undue concentration" of such licenses. 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. For the subject property, Census Tract #0101 has 49 on-sale licenses, and 5 off-sale licenses. The tract has one pending off-sale licenses. Two 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. Surrounding uses are as follows: GP Zone Existing Land Use High Density HR/MR* North Residential (Residential Multifamily Residential High) South Tourist Resort RA* (Resort Vacant Commercial Attraction) Neighborhood East Community R-2 & PD 203 Chevron Gas Station & Del Taco Commercial West Tourist Resort RA* (Resort Marriott Hotel Commercial Attraction) *Section 14 zoning The property is located in Section 14 and is zoned R-A (Resort Attraction). A Planned Development District (PD 307) was adopted for the location in 2006 to construct a retail shopping center with Vons as the anchor tenant. The PD adopted was in lieu of a conditional use permit usually required for liquor stores and grocery stores. City Council Staff Report January 16, 2008 5.1025-PCN NWC of Tahquitz Canyon Way and Sunrise Way Page 3 of 3 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 5.1025-PCN and adoption of a Resolution of Public Convenience for the Vons grocery store to allow issuance of a Type 21 (Off Sale General) Liquor License located at the northwest corner of Tahquitz Canyon Way and Sunrise Way. ,� c9 aig tng,arC Thomas W. Wilr0n, Dire Planning Services Assistant City Manager David H. Ready, ity g r Attachments: 1, 500' Vicinity Map 2. Letter of Request 3. Draft Resolution N ry Department of Planning Services VI E . Vicinity Map S AMADO RD O O z — � \U x O C7 2 ANUREHS RD 0 O O v �J n II�ILJ�ILJII o —iL z z E TAHQUITZ CANYON WY C Cn Legend Site ARENAS RD D 500'Radius CITY OF PALM SPRINGS CASE NO: 5.1025 PCN DESCRIPTION: Application by Vons Companies, Inc. for a resolution of public convenience and necessity in order to APPLICANT: The Vons Companies, sell beer, wine and distilled spirits for off-site consumption Inc. for the Vons grocery store located at the northwest corner of Tahquitz Canyon Way and Sunrise Way, Zone RA, Section 14. 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, WINE AND DISTILLED SPIRITS FOR OFFSITE CONSUMPTION AT THE VONS GROCERY STORE LOCATED AT THE NORTHWEST CORNER OF TAHQUITZ CANYON WAY AND SUNRISE WAY, ZONE RA, SECTION 14. WHEREAS, the Vons Companies, Inc. ("Applicant") has requested the adoption of a Resolution of Public Convenience in order to sell beer, wine, and distilled spirits for offsite consumption at the Vons grocery store located at the northwest corner of Tahquitz Canyon Way and Sunrise Way, Zone RA, Section 14, and WHEREAS, the Applicant agrees to sell beer, wine, and distilled spirits as part of a grocery 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 21 (Off-Sale General). 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 General) at the northwest corner of Tahquitz Canyon Way and Sunrise Way serves the Public Convenience. ADOPTED THIS 16th day of January, 2008. David H. Ready, City Manager ATTEST: 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 ➢EC-13-2007 11:00 UUNS CONSTRUCTION DEPT 6268213934 P.02 YONS A Swrcwnr C. .r, MV December l3,2007 City of Palm Springs Ann.:Bryan Femandez 3200 East;Tahquitz Canyon Way Palm Springs,California 92262 Re: The Vons Companies, Inc. NWC Tahquitx Canyon Way& Sunrise Way Palm Springs,California 92262 Dear Bryan, Please consider this letter our request for a determination of Public Convenience and/or Necessity(PCN), which is required by the Department of Alcoholic Beverage Control(ABC)pursuant to Business and Professions Code Section 23958.4. Pursuant to your request dated December 7,2007,we are applying for a Type 21 Off-Sale General license. The Yons Companies, lnc,will prove to be extremely desirable to the public convenience and welfare by providing area residents,visitors and workers with comfortable shopping in a warm friendly atmosphere. We will operate in a conscientious and thoughtful way,always with sensitivity to any possible-detriment to those residents that might be affected. The applicant request to sell alcoholic beverages for off-site consumption and in conjunction will not jeopardize,endanger or otherwise constitute a menace to public health,safety or general welfare. We are fully aware of the unique responsibilities of operating a store associated with alcoholic beverage sales. Although our alcohol sales are only a small portion of our business,as part of The shopping experience we believe that our customers desire the convenience of being able to purchase alcoholic beverages.This convenience is imperative to our ability to serve and attract our customers. We respectfully request that the Palm Springs City Council find that Public Convenience and Necessity would ba served•by the issuance of this license. if you have any further questions or require any additional information please do not hesitate to contact me. Thank you for your assistance. Sincerely, Bn en tSalShink Vice President;Real Estate Director, Real Estate P.O.Box 513330,Lm Arigeles,CA 90051.1.M 619 Mlchllllnda Avenue,Arcadia,CA 91007.6300"Telephone(626)8M70W